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99-1049ORIGINAL Presented By Referred To sss� �� a�a Council File # l� , �O�-l9 Ordinance # CULLLLR1Ll.CC: LdI.E` 2 10 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 An ordinance amending Chapter 60 of the Saint Paul Legislative Code pertaining to zoning for the City of Saint Paul and the zoning maps thereof: WHEREAS, Pursuant to Minnesota Statutes §462357 and §64.400 of the Legislative Code, ROGER BONFE duly peritioned to rezone 366 and 372 SMITH AVENUE NORTH, being legally described as the N'h of Lot 10 and Lot 11 Block 2 Samuel Leeche's Addition to the Town of Saint Paul, from RT-2 to B-3 to allow an off-street pazking lot in association with the adjacent commercial use at 337 W. 7`" Street (Bonfe's Auto Service), the petition having been certified by the Zoning Section on July 9, 1999 as hauing been consented to by at least 67 percent of the owners of the area to be rezoned, and further having been consented to by at least two-thirds of the owners of the property situated within 100 feet of the total contiguous property within one year preceding the date of the petition; and WHEREAS, the Zoning Committee of the Planning Commission held a public hearing on August 5, 1999, for the purpose of considering the rezoning petition, and pursuant to § 107.03 of the Administrative Code, submitted its recommendation to the Planning Commission that the petition be granted; and WHEREAS, the Planning Commission considered the rezoning petition at its meeting held on August 13, 1999, determined that the properties are more appropriately rezoned P-1, and sent the case back to the Zoning Committee to conduct a second public hearing; and WHEREAS, the Zoning Committee of the Planning Commission held a second public heazing on September 2, 1999, for the purpose of considering rezoning from RT-2 to P-1, and pursuant to § 107.03 of the Administrative Code, submitted its recommendation to the Planning Commission that the rezoning be granted; and WHEREAS, the Planning Commission considered the rezoning to P-1 at its meeting held on September 10, 1999, and recommended that the City Council approve the rezoning; and WHEREAS, notice of pubiic hearing before the City Council on said rezoning was duly published in the official newspaper of the City on September 16, 1999, and notices were duly mailed to each owner of affected property and property situated wholly or partly within 350 feet or the property sought to be rezoned; and WHEREAS, a public hearing before the City Council having been conducted on October 6, 1999, at which all 3nterested parties were given an opporiwuty to be heard, the Council having considered all the facts and recommendations concerning the petition; now, therefore THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: 39 40 41 42 43 44 45 46 47 Section 1. °19 - l�l{0. That the zoning map of the City of Saint Paul, Sheet Number 28, as incorporated by reference in §60301 of the Saint Paul Legislative Code, as amended, is hereby further amended as follows: That the properties at 366 and 372 Smith Avenue North, being more particularly described as: the N 1 /z of Lot 10 and Lot 11 Block 2 Samuel Leeche's Addition to the Town of Saint 48 be and aze hereby rezoned from RT-2 to P-1. 49 50 51 Section 2. 52 This ordinance sha11 take effect and be in force thirty (30) days from and after its passage, approval and 53 publication. �Il�f tctJ�f� ORIGlNAL Requested by Department of: �._.. ; i ;��:, Plannina & Economic Development BY� � ,�.7� � � sy: � Approved by May r� Date �e �`q�, By: V Form Approved by Ci ttorney � By' Approved by Mayor r Submission to Council By: Adoption Certified by Council Secretary � � TOTAL # OF SIGNATURE PAGES �.: ;_-r��.--„�:, � q�f - to�� No��i��J � �,.� — - e a.,�,,,,� �° �`� t� Q �� ❑..�„�.,.,�� ❑..�.,.�.o Ow�� ❑ (CLIP ALL LOCATIONS FOR SIGNATUR� ktr_ �1��1 If' 1'h13 0✓I�I Wj�l ��yYl�'rM/IrtA(�a2. � fhi � 1o �1 fi�A uw� u� H� B6Mft's �� PLANNING COMMISSION CIB COMMITTEE CNIL SERVICE COMMISSION /f1�C. M�. Hes thic P� everwo�ked under a contrad forfhis depar6r�enC! vES rio Hm dire peroaJfiim ever been a cdy empbyee9 res rio oces tlxs perswYfirm D�seas a c�all not � M am �� Y �PbY�? YE3 NO Ia tlus pnsorJfirm a tarpeted oe,MOi? YES NO VG�� ISSU�NNITY (Who. Wh�. When, Wheie. NTy �& r �� h} s �� • ---._ .. .. -- � r� v��v�r.,,ti AG s,�p� Ri�n'fe's If ufi kr�;�e. 3e��°� �� IF APPROVED �,ent• hai M� AMOUNT OF TRANSACTION CO3T/REVElIUE BUD6ETm (CIRCLH ONE) ACTIVITY NIAABER GREEN . S 1'► P�1 ��. .� YES NO �67�s�i§e=8 fi'-��dEwG_'yi; +�„�tv�';x;y+ DEPARI'MENT OF PLANNING & ECONOMIC DEVELOPMENT Brime Sweeney, Director CTI'Y OF SAINT PAUL Norm Coleman, Mayor 25 West Fan'[J� Sbeet Saint Paub MN 55702 lt Telephone: 651-266-6700 Facsimile: 657-228-3120 �� 't�� September 10, 1999 Ms. Nancy Anderson City Council Reseazch Office Room 310 City Hall Saint Paul, MN 55102 Dear Ms. Anderson: C,Cl1RG!? ��s� � �°::C�1' SEP � � �9�9 I would like to confirm that a public hearing before the City Council is scheduled for Wednesday, October 6, 1999 for the following zoning case: Applicant: ROGER BONFB File Number : #99-185 Purpose: Rezoning from RT-2 (townhouse residenrial) to P-1 (parking) to allow a parking lot in association with Bonfe Auto Repair Address: 366 and 372 Sxnith Avenue (between Grand and Forbes) Legal Descriprion of Property: Lot 11 Block 2 and N'/z of Lot 10 Block 2 Samuel Leeche's Addition to the Town of Saint Paul Previous Action: Planning Commission Recommendation: Approval, vote: unanunous, September 10, 1999 Zoning Committee Recommendation: Approval, vote: unanimous, September 2, 1999 My understanding is that this public hearing request will appear on the agenda for the September 22, 1999 City Council meeting; and that you will publish notice of the hearing in the Saint Paul Legal Ledger. Please call me at 266-6578 if you have any questions. Sincerely, � �• "' Lucy Thompson City Planner cc: File#49-185 Paul DuBruiel Carol Martineau Wendy Lane t �� xarica o��varac �G '_ 1Yie Ssint �aeiF LYty Councll wllt condnct a gublic heaiing on Wednesday.�bctotier 6. 1999; at,5:30 p.m. in the City Couacil Clxamtiers, 'fhird Floor, CiCy Hall- Cotu'thoase, to consider the applicatioa of Roger Bonfe to rezone property from RT-2 (ttiwnhouse residenfial) to P-1 [parku� to alloa+aparlflnglot in associaUonwt'th Bonfe Auto Repair, 366 and 372 Smith Avenue (L�eiween Grand and Forbesl _ Dated: September 14,�1999 - . NANCYA�IDERSON � -. . AssistantGYtyCwencilSeetetaiy'; _ � � . .. ,. - (�, is} _ _ a—s S1t YADL f.BGAL LBD66R ==m== DEPARTMEN7 OF PLANNING & ECONOMIC DEVELOPMENT Brian Sweeney, Direclor CTTY OF SAII�IT PAUL tiorm Cotemax. Ivlayor �lq -1o�{�j � LJ u September 22, 1999 Ms. Nancy Anderson City Council Reseazch Office Room 310 City Hall Saint Paul, MN 55102 RE: Zoning File #99-185 City Council Heazing: ROGER BONFE October 6, 1999, 5:30 pm. City Council Chambers PURPOSE: To consider rezoning properiy at 366 and 372 Smith Avenue North (between Grand and Forbes avenues) from RT-2 (Townhouse Residential) to P-1 (Parking) to allow for a pazking lot in association with Bonfe's Auto Service business. PLANNING COMMISSION RECOMMENDATION: ZONING COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: SUPPOAT: No one spoke. One letter was received. OPPOSITION: No one spoke. Deu Ms. Anderson: ?S West Fourth Street Telephone� 657-266-6700 SamtPaul,MA"55102 Facsimile.657-228-3220 APPROVAL, vote: unanimous September 10, 1999 APPROVAL, vote: unanimous September 2, 1999 APPROVAL ROGER BONFE originally submitted a petition to rezone property at 366 and 372 Smith Avenue from RT-2 to B-3. The Zoning Committee of the Plauning Commission held a public hearing on the proposed rezoning on August 5, 1999. Tiie applicant addressed the Committee. At the close of the public hearing, the Committee voted 6-0 to rezone the properties to B-3. On August 13, 1999, the Planning Commission determined that the properties aze more appropriately zoned P-1, and sent the case back to the Zoning Committee for a second public hearing. The Zoning Committee held the second hearing on September 2, 1949. At the close of the hearing, the Committee voted 5-0 to rezone the properties to P-1. The Planning Commission upheld the Zoning Committee's recommendation for approval on a unanimous vote on September 10, 1999. cCq _ �o`-�R � Ms. Nancy Anderson September 22, 1999 Page Two This proposed rezoning is scheduled to be heazd by the City Council on October 6, 1999. Please notify me if any member of the City Council wishes to have slides of the site presented at the public hearing. Sincerely, ��I �'�•"'�P�k Lucy Thompson City Planner Attachments • • � city of saint paul planning commission resolution f Ie number 49-58 �ate September 10, 1999 ot q.- �o�� WHEREAS, Roger Bonfe, file �99-185, has petitioned to rezone two adjacent lots at 366 and 372 Smith Avenue I�Iorth between Grand Avenue and Forbes Avenue from RT-2 to B-3 for the purpose of allowin� an off-street parking lot in association �vith the adjacent commercial use at 337 �Vest Seventh Street, legally described as Lot I1 Block 2 Samuel Leeche's Addition To The To�vn Of Saint Paul and N 1/2 of Lot 10 Block 2 Samuel Leeche's Addition To The To�vn Of Saint Paul; and �VHEREAS, the Zonin� Committee of the Planning Commission held a public hearing on Au�ust Sth, 1999, at �vhich all persons present were given an opportuniry to be heard pursuant to said application in accordance with the requirements of 3ection 64.400 of the Saint Paul Le�isiative Code; and r1 �J WHEREAS, the Saint Paul Plaiming Commission, based on thz evidence presented to its Zoning Committze at the public heazin�, as substantially reflected in the minutes, made the foilo�ving findin�s of fact: Ro�er Bonfe, o��ner and president of Bonfe's Auto Service and Body Repair, is the o��ner of the two adjacent vacant parcels on Smith Avenue North. Mr. Bonfe also owns the commercill property directly across the alley at 337 West Seventh Street for use as Bonfe's Auto Service. Mc Bonfe intends to improve the two parcels on Smith Avemie IvTorth to provide off-street parkin� for customers and employees of his adjacent commercial business and has submittzd a site plan for the proposed parking 1ot. The applicant submitted a sufficient petition of two-thirds of the property owners �vithin one hundred (100) feet of the property stating support for the rezonin� (21 parcels elioible, 14 required, and 14 signed). � moved by_ seconded by Gervais an favor Unanimous against � a q � lo�l°l • 3. Section 62.10�(3) of the Zoning Code germits off-street parkin� for nonresidential use within the same or a less restrictive zonin� district as the principal use and �cithin three hundred (300} feet of the buitding it is intended to serve, measured from the neazest point of the buildin� to the neazest point of the off-street parking lot. Rezoning of these t�ro pazcels from RT-2 to B-3 �vill place them within the same zonin� district as the principal commercial use at 337 West Seventh Street that the parkin� is intended to serve, which is dizectly across the alley. The rivo parcels are also �vithin thtez hundred (300) feet of this conunercial building. 4. Section 62.103(6) of the Zonin� Code proh:bits the stora�e of inerchandise or trucks, the repair of vehicles, or the business of sellinR merchandise in off-street parking areas in a B� zoning districi. The 2pplicant does not intend to use the off-street parkin� area for the stora�e or repair of vehicles. g. The commercial use of these two parcels is consistent ��ith the changing chazacter of this specific block, which is surrounded by arterial streets, and this area in general. Smith Aveime and Grand Avenue are Ciass B Minor Arterials and �Vest Seventh Street is a Class A Minor Arterial, accordin� to the Saint Paul Transportation Policy Plan (a chapter of the Comprehensive Pian), as well as Count}�, Metropolitan and State transportation plan classifications. �Uith the opening of I-35E, Grand Avenue access to I-3�E just a couple blocks away to the north, and the reconstruction of the Hieh Brid�e on Smith just a couple blocks to � the south, this section of Smith Avenue has become an increasingly hi�h traffic connector street. Major commercial rede�elopment has occurrzd in this area, both on Grand Avenue and �Vest Seventh Street. Two-thirds of this block is aiready zoned for commercial uses. Smith A�•enue serves as a boundary bet�veen the inore commercial area to the east, north and south, and the more residential area to the west. The surrounding commercial redevelopment and high traffic volumes on Smith Street create a difficult environment for attractine residential uses to these t�vo lots. 6. Commercial use of this land for off-street parking is consistent with the District 9 Plan. Adopted in 1980, the District 9 Plan indicates this block as an area of transition with a mix of residential and commercial uses. The plan recommends that commercial should be encoura,ed alon� West Seventh Street, with protection of residential areas from encroachment by incompa[ibie commercial or industrial uses and the use of appropriate buffers. The plan also recommends that parkin? spaces be located behind buildings, but landscaped from ad}acent residential areas. This proposed parking lot.�ould support a stron� and expandin� commercial business on �Vest Se��enth Street. The proposed parkin� lot is located behind the commercial business on �Ves. Seventh Street, althou�h on separate lots. r�s long as this parkin� lot is ��ell-dzsigned and buffered from surrounding rzsidenti� 1 uses and Smith Ave�iue, it uould not be considered an incompatibie � conunercial use. ��t - to�� • 7. Commercial use of this land is consistent with the City's Land Use Plan, which identifies the West Seventh Street Corridor as one of the five primary corridors for growth in the future. These two parcels aze not part of any of the numerous housing development site opportunities identified in the Plan. These two pazcels also aze not part of any of the nutnerous neighborhood pedestrian commercial districts identified in the Plan. This azea is not targeted far planned redevelopment and should be zoned to fit the chazacter of ongoin� development in the azea. The City's Transportation Policy Plan also addresses the need for considering parkin� lots as part of a neighborhood's physical fabric, giving attention to a neighborhood's chazacter and creating community connections. Policy 39 states "The City should require parking lots to have a stron� landscaped edge along the street, and encourage landscaping within parking lots. The City should find ways to encourage or require improvement of existing parkin� lots, as well as newly constructed lots. Landscaping should be aesthetically pleasing and provide a sense of public safety." Because this proposed parkin� lot is adjacent to and facing residential properties across the street, it is especialiy important that it enhance the neighborhood's character utilizing landscaping and screening. 9, The rezoning will not have an adverse impact on adjacent residential properties if • appropriate landscaping and screening are installed on the south and west sides of the property to shield the commercial uses. I�IOW, THEREFORE, BE IT RESOLVED, by the Saint Paul Planning Commission, that the petition of Roger Bonfe to rezone the rivo adjacent properties at 366 and 372 Smith Avenue North beriveen Grand Avenue and Forbes Avenue from an RT-2 zoning classification to a B-3 zoning classification to allow an off-street parkin� lot in association with the adjacent commercial use at 337 �Vest 3eventh Street is consistent with the Saint Paul Comprehensive Plan; and BB IT FURTHER RESOLVED, that the Saint Paul Plannin� Commission does hereby recommend to the Council of the City of Saint Paul that the two adjacent properties at 366 and 372 Smith Avenue North be rezoned from RT-2 to B-3 in accordance with the petition for rezoning on file with the Saint Pau] Plannin� and Economic Development Division. • Sep�eW�rer' ip,19�19 r �i. d1ni+lMi'2S �� - ��`� • responded that the applicant reported he has 32 parking spaces. Some spaces are used 6y his employees and some aze used by the apartment dwellers. In the meetings with the Deparhnent of License, Inspections and Environmental Protection, they determined that he needed these additional 62 spaces, given the expansion onto the second floor. Commissioner I{ramer recommended a minor change on the conditions attached to the resolution. He pointed out that one of the conditions that the Zoning Committee attached is that the appiicant needs to provide an orrsite attendant between the hours of 8 p.m. and 2 a.m. It occurred to him that lot might actually close before 2 a.m. Perhaps the condition should add that there does not need to be an attendant if the lot is closed during that time. MOTION FOR AMENDMENT: Commissioner %ramer moved to amend condition #2 to say that ihe applicant must provide an on-site attendant during the hours between 8 p.m. and 2 a.m. unless co�doned off befo�e that time; Commissioner Engh seconded the motion whzch carried on a voice vote, wUh Com»tissione�s Margulies and NowGn abstaining. Commissioner Kramer, refening to condition #3, noted that it states the Exchange Street entrance/exit will be cordoned off after 2 a.m. on all nights, but asked when it would open. Ms. Homans replied that it is her expectation that it will open when United Hospital's lease begins in the moming or whenever the arm is enabled. Commissioner Fotsch asked if these conditions were present at the time the objections from the neighborhood were received. Ms. Homans answered that these conditions were developed in � consultation with the neighborhood residents and the applicant after the first stages of the public hearing when the objections were raised. The amended motion on the floor to approve the requested special condition use permit for shared parking at the Sandco parking lot on the west corner of Chestnut and Exchange for Patrick McGovern's pub and restaurant at 225 West 7th Street carried on a voice vote (Margulies and Nowlin abstaining). #99-185 Roeer Bonfe - ezoning from RT-2 to P-1 to allow a parking lot in association with onfe Auto Re ' 6 and 372 Smith Avenue between Grand and Forbes (Lucy Thompson, 266-6 MOTION: Commissioner Gervais moved approval of the request to rezone the property at 366 and 372 Smith Avenue between Grand and Forbes from RT-2 to P-1 to atlow a parking lot in assaciation with Bonfe Auto Repair. Mr. Gervais explained that this case had been a]ayover. The original application submitted was from RT-2 to B-3. Following discussion at the last Planning Commission meeting, an application was resubmitted from RT-2 to P-1. A question about a sign issue came up after Zoning Committee. Ms. Thompson explained that Mr. Bonfe asked if a condition noted in the staff report in order to establish a parking lot in P-1 meant that he could not move a sign that is at Smith Avenue and McBoll to a corner of the new parking lot facing Smith Avenue. It is a 21- foot tall business advertising sign. It is her interpretation that this sign would not be allowed in the parking lot. She thinks that the Commission needs to make it cleaz that a business sign � would not be allowed in this location on the parking lot. Chair Morton asked if the new signs on the lot wil] say "Parking for Bonfe's Patrons Only." Ms. Thompson stated that something like �l`i - l�`�`1 • that would be allowed. She also informed commissioners that Mr. Bonfe is also closing the driveway ofFof Smith. The only access to this pazking lot is from the alley. Commissioner Geisser asked if this means that Mr. Bonfe will lose his business sign. Chair Morton responded that he just cannot move his business sign to the parking ]ot. Commissioner Nordin asked if there were a limit to the size of a parking sign in the P-1 zoning. Ms. Thompson replied that the sign ordinance may have restrictions, but in terms of the conditions for establishing a pazking lot in P-1, it does not have dimension restrictions. The motion on the floo� carried unanimously on a voice vote. #99-200 American Portable Telecom - Special condition use permit to allow a ten foot cellular telephone antenna on the apartment structure at 1967 Grand Avenue between Prior and Cleveland (James Zdon, 266-6559). MOTION; Commissioner Gervais moved approval of the requested special condition use permit with conditions to allow a ten foot cellular telephone antenna on the aparifnent structure at I967 Grand Avenue between Prior and Clevelanrd Commissioner Gervais explained that this case had been laid over in order for staff to research the possibility of there being any other buildings or locations in the area where this could be located. Staff reported that there were none. • The motion on thefloor carried unanimously on a voice vote. #99-207 Pawn America -Special condition use permit to allow a pawn shop at 1546 White Bear Avenue between Hoyt and Montana (Nancy Frick, 2666554). MOTION: Commissioner Gervais moved deniat of the requested special condition use permii to allow a pawn shop at I SA6 White BearAvenue which carried unanimousty on a voice vote. #99-2Q8 YMCA - Special condition use permit for an institutional recreation center at 875 Arcade Street. Zoning variance for front yard setback, from 25 feet required to 8 feet proposed (on York Street), Nancy Frick, 266-6554. MOTION: Commissioner Gervais moved approval of the requested special condition use permit for a Zoning variance with conditions for a front yard setback from 25 jeet required to 8 feet proposed at an institutional recreation centet at 875 Arcade Street which carried unanimously on a voice vote. #99-226 Gail Geiseohoff/Mollv Toulouse - Modification of the river conidor standazds to allow for two additions to an existing structure within 40 feet of the bluff line at 2072 Highwood Avenue between Skyway and McKnight Road (Lucy Thompson, 266657$). • MOTION: Commissioner Gervais moved approval of the requested madification of the river corrido� standards with conditions to allow for two additions to an eristing structure within 40 feet of the bluff line at 20�2 Highwood Avenue which carried unanimously on a voice vote. • MINUTES OF THE ZONING COMMITTEE Thursday, September 2, 1999 - 3:30 P.M. City Council Chambers, 3rd Fioor City Hali and Court House 15 West Ke{fogg Boulevard • • PRESENT: EXCUSED: OTHERS PRESENT: Engh, Gervais, Gordon, Kramer, Nowlin Field, Faricy, MoRon Peter Wamer, City Attorney Lucy Thompson, Alfan Torstenson �l �l - �o �� Roger Bonfe, 99-185 - Rezoning from RT-2 to P1 to allow a parking lot in association with Bonfe Auto Repair. Originaify, rezoning from RT-2 to B-3 was approved and the public hearing was closed and a recommendation was sent to PC. Due to the fact that this was resubmitted to P1 another public hearing was he1d. The applicant, Roger Bonfe, was present but did not address the Zoning Committee. No one present to speak in favor or opposition to the proposed change. The pub(ic hearing was closed. Commissioner Kramer moved approva� of the recommendation for rezoning to P-1. Commissioner Engh seconded it. Commissioner Kramer stated that when the lot undergoes site plan review, some determination should be made regarding some ability to make sure that the lot is closed after hours with a gate or chain, to ensure the fot is not used after hours. Adopted Yeas 5 Drafted by: Nays - 0 Submitted by: Approved by: ' I _� 1� r �� I�� ti � L�� Laurie Kaplan Ailan Torstenson Litton Field Recording Secretary Backup Zoning Section Chair � NSt j3�1999 � • N�+inut?S °(5 -to�� • Commissioner Fietd informed commissionen that what is not included in the resolution is a motion that the application fee be waived. The case came before the Planning Commission several years ago and was approved at that time. The Zoning Code permits that if they haven't established the use, they can extend it for a period of one yeaz, which they did. At the end of that yeaz, they still had not established the use, and the Zoning Code makes no provision for an additional continuation. Since then, theu year ea�tension had elapsed and the applicant had to formally come back and reapply. Since all the staff work had been done at the time ofthe previous application, the Zoning Committee also recommended that the fee be waived. Tlze mntion on the floor carried unanimously on a voice vote. #99-180 Standbv Svstems Inc. - Modification of river comdor standards to allow for relocation and construction of 8 propane tanks on slopes greater than 12 percent and construction of rehabilitated slopes steeper than 18 percent at 966 Mississippi Rsver Boulevard between Ford Parkway and Magoffin (Jim Zdon, 266-6559). MOTION: Commissioner Fie1d moved approval of the requested modification of river corridor sta�:dards witic conditions, to allow for relacatrox and canstruction of 8 propane tanks on slopes greater than l2 percent and construction of rehabilitated slopes steeper than I S percent at 966 Mississippi River Boulevard between Ford Parkway and Magoff:n. Commissioner Field explained that one of the conditions is that the Ford Motor Company explore certain site improvements related to their facility on the west side of Mississippi River Road, which principally consists of a pazking lot and other associated properties that they � maintain. There was no obligation incurred by Ford. A]etter in front of you today from Ford agrees that they will research the items that the Zoning Committee discussed with them. Commissioner Nowlin commended the Ford Plant for picking up on what the Zoning Committee asked for and responding as they did in the letter. TJte motion on the floor carried unanimously on a voice vote #99-185 Roeer Bon ezoning from RT-2 to B-3 to allow a parking lot in association with onfe Auto Re a' b and 372 Smith Avenue between Grand and Forbes (3eff Miller, 266- MOTION: Commissioner Field moved to recommend approval of the requested rezoning fiom RT-2 to B-3 to allow a parking lot in associaiion with Bonfe Auto Repair at 366 and 372 Smith Avenue between Grand and Forbu. Commissioner Engh asked if this pazking lot will be leased to anyone else during of€hours. Commissioner Field rep]ied that it was his understanding that the pazking lot would be for the specific use of Bonfe's Auto Repair. Mr. Torstenson said that Mr. Bonfe testified at the Zoning Committee meeting that without this pazking lot, his business would have serious problems because it had no place for customer's cazs, etc. Commissioner I{ramer noted that his concem at the Zoning Committee was that one doesn't . need to rezone properiy to &3 in order to build a parking lot; you need only to rezone it to the pazking zoning classification P-i to have a parking lot. The rezoning to B-3 allows for many Kg - �o�� • more uses to occur there than a pazking lot, which may be entirely appropriate in that azea given the way the azea has grown. Because it is a rezoning, the Commission can't put a condition on it that would ensure that it would be used only as a pazking lot or that it cannot be leased out once it is zoned B-3. What is ]egal in B-3 will be legal on this lot. Commissioner Engh stated that she is concemed that once the Arena is done, the growth in that azea will explode. She realizes that Bonfe needs the pazking space. There will be a lot more activity at night in that neighborhood, and she is concemed that once this is allowed to become a pazking lot, there will be parking and activity allowed at all hours of the night. This lot is right next to a neighborhood, and activity at all hours of the night would be inappropriate there. She asked for advice regarding limiting the hours of business for this particulaz lot. Chair Morton asked Mr. Wamer if the hours for business could be limited. Mr. Warner answered that the Planning Commission could not limit the hours. It can merely make a recommendation to the City Council regarding the rezoning. By making a recommendation to rezone an area to a particular zoning classification, the Commission is saying that any use thaYs permitted in that zoning classification can go on that property. It may be that within the B-3 zouing classification there are uses tl�at are peimitted sub}ect to special condition. If such a use were to go on the properry, the applicant would have to come back before the Planning Commission, which would give the Commission an opportuniry to impose conditions like limitation on hours. Commissioner Engh asked if the appiicant wouSd need to come back for a special condition use • permit if he decided to lease parking spaces during off-hours for Bonfe Auto Repair. Mr. Torstenson replied that he would need to get approval of any shazed parking agreement. Commissioner Gordon asked if Mr. Bonfe wanted to use the lot after business hours for parking for the Arena, would he need to come back to the Planning Commission for a special condition use permit. Mr. Torstenson responded that he did not think Mr. Bonfe would need to apply for a shared parking permit if he decided to use the lot afrer business hours for Arena pazking. He noted that the shared use permit is required when there is a business that needs parking to meet expansion needs. Commissioner Engh stated that she would vote against the motion. Commissioner Nowlin commented to Commissioner Engh that the only way to oppose the pazking is simply to oppose the rezoning. Mr. Nowlin added that the Zoning Committee was persuaded by Mr. Bonfe's need for the parking space and the Commission's long term desire for something better than surface parking for tas purposes. Commissioner Kramer stated that if Mr. Bonfe just needs more pazking then there is no need to rezone it to B-3 simply to give him more parking. Since parking is needed, why would the Planning Commission recommend B-3 when, in that case, one could come in the next day and build a structure there that would eliminate the pazking. Commissioner Kramer added that he did not know what the difference is beriveen what the allowed uses aze in the P-I parking zone versus what the parking requirements are in a B-3 zone. He recalled cases in the past that when non-adjoining parcels have been rezoned to P-1, that the P-1 zoning had to provide some • relationship to the use that it was designed for. ��-io�� • Commissioner Gordon asked if anyone else who was at the Zoning Committee could shed some light onto why Mr. Bonfe was applying for a rezoning to R3 if he wants to use it only for parking. Commissioner Field responded that Mr. Bonfe stated that the zoning staff recommended the B-3 zoning. Commissioner Gordon asked Chair Morton if it would be appropriate to amend the Zoning Committee's recommendation from B-3 to P-l. Commissioner Field responded that changing the zoning classification would require a new application because of the need of signatures. Commissioner Nowlin asked if someone could explain t�e differences beriveen P-1 zoning and B-3 zoning in relation to control of pazking lot. Commissioner Gordon read from the summary sheet of permitted and conditiona] uses by zone: P-I: Off=street parking. B-3: Permits all OS-1 through B-2 uses which aze the previous categories. In addition, mortuaries, finishing shops, business sales and services, such as parce] delivery, manufacturin� of small precision goods, hotels and motels, printing and publishing firms, wholesaling without outside storage, hospitals, new and used caz sales outdoors, auto repair, fast food and drive-in restaurants, green houses, nurseries, car washes, and adult uses (some with SCUPs}. MOTION: Commissioner Faricy moved to send this case back to the Zoning Committee; • Coinmissioner Engh seconded tke motion. Commissioner Gordon asked if the Zoning Committee could change the recommendation from B-3 to P-1. Mr. Warner answered that it could not. If this case were remanded back to the Zoning Committee to consider a different classification, new notices would need to go out. As ]ong as that's within the 60-day time frame, that's a possibiliTy, Commissioner Gordon added that from the sense of what he is hearing this ought to be rezoned to P-1 rather than B-3; that is what the applicant is really asking for and �vhy open it up to some unknown future. He recommended that the Planning Commission deny it, let the City Council act on it, and let Mr. Bonfe re-apply if he needs to. Commissioner Engh w�ithdrew her second. She asked staff to explain why they recommended B-3 instead of P-1. Mr. Soderholm explained that the whole area around this business is zoned B-3. The block of this business is cleazly in transition; much of it has already been cleazed. It makes sense to Mr. Soderholm that this small lot should, in time, become part of a lazger redevelopment site where B-3 uses would be permitted. He does not think that B-3 is the wrong direction for this property to go. Commissioner Fazicy withdrew her motion. Commissioner Kramer stated that he still does not know whether surface pazking in P-1 needs to be related to an adjacent business or if can be just an open public parking lot. Mr. Totstenson responded to Commissioner Kramer's question about conditions for pazking lots under P-I. There are a list of required conditions under P-1. It states: � That the pazking facility shall be accessory to and for use in connection with one or more Gl� - �oy� • businesses........The parking facility shall not be used during hours when the principle use is not in operation......You can have shazed use of a parking facility in P-I, but then yoa must get a shared parking permit. Commissioner Gordon noted that Mr. Torstenson's information addresses Commissioner Engh's concems if iYs rezoned to P-1 and not B-3. He encouraged commissioners to deny the application for B-3 and let the process start again to have it rewned to P-1. AMENDED MOTTON: Commissioner %ramer moved to recommend denial of the reZOning to B-3 and afford the applicant the opportunity to reapply under the same permit fee for the P-1 zone nr go to the City Counci! and, if ihe applicant chooses to �eapply for the P-I, to eztend tl:e 60-day time limit for the necessary consideralion. Commissioner Field felt that which ever way it was done, the applicant should not need to pay another fee. Commissioner Field encouraged staff to, in the future, fill out a more detailed petition document, In this case, it would have been more informative to include that the applicant wanted to rezone property for the purpose of establishing a parking lot. He feels that the information that goes out on petitions for public signatures is not informative enough. Commissioner Engh asked if the Planning Commission had the authority to waive a fee. Mr. Warner answered that the position of the City Attorney's Office is that the Commission can waive or refund fees. � Commissioner Nowlin asked if it is necessary to include the fee waiver in the motion. Mr. Warner responded that he thinks iYs good to memorialize recommendations to staff. Com»rissia:er 1Vowlin seconded tlee motion on tlreJloor. Commissioner Field commented that he is troubled for Mr. Bonfe because this delay might make it impossible for him to begin this pazking lot until next spring. It also troubles him because he can understand some of Mr. Soderholm's observations about that block being in transition. He is concerned also by the staff recommendation; someone comes in to establish a parking lot and staff encourages him to apply for a B-3 use instead, which in this case, may cause Mr. Bonfe a serious delay. Commissioner Margulies stated that he is sympathetic to Commissioner Field's comments, and he wished he knew some creative way azound it. Although he agrees with the content of Commissioner Kramer's proposai as to what he would recommend Mr. Bonfe to do, he is troubled by including in a motion a suggestion that he do one thing or another. Commissioner Margulies would like to have the motion more tailored to say: if he elects to proceed with a P-1 application, the fee would be waived. Commissioner Kramer accepted that as a friendly amendment. He also thinks that taking this route affords Mr. Bonfe a better opportunity of getting the tot buitt this fall than if he proceeds through the process and it ends up being denied at City Council, and then he has to restart the entire process again. Commissioner Fotsch spoke to the motion. The issue is whether or not the Planning Commission thinks it's appropriate to allow all the different uses that are under a B-3 zoning • classification. He can see why Mr. Bonfe wou]d want a B�3; it opens up possibilities for all kinds of other development in the future. There has not been any real discussion on whether or �� -�o�� • not this shouId be opened up to all those developments; maybe it should be. Mr. Soderholm mentioned that this is an azea in vansition. Commissioner Fotsch feels that it is too premature to change it to a B-3 classification at this time. Commissioner Gordon commented after brief conversation with Mr. Wamer t]�at the fastest way to handle this may be to send it back to the Zoning Committee with d'ueetion to r�norice the hearing for P-I, along with the other recommendations like waiving the fee, rather than have it go to the Ciry Council. MO'PIOIV: Commissioner Gordon moved that case #99-I85 - Roger Bonfe be refened back to the Zoning Commiltee wiih instruMions to re-notice fo� a P-I rezoning classification and to waive the application jee; Commissioner Engh seconded the moiion. Mr. Soderholm noted that in order to r�notice, this case would come to the Zoning Committee on September 2, and the 60-day provision would need to be extended. Although Commissioner Margulies liked the result of the motion, he was uncomfortable with amending n�(r. Bonfe's application without his approval. He thought it ought to be Mr. Bonfe's decision, The motion on tlre floor carried on a voice vote (Dandrea, Field, Margulies). Commissioner Field read the agenda for the next Zoning Committee meeting, Thursday, August • 19, 1999; I) Pat Boemer, specia] conditian use permit for shazed pazking; 2) Alison Maule-Kronmiller, rezone from RM-2 to B2-C; 3) St. Paul Brass Foundry, rezone from RM 2 to I-l; 4) American Portable Telecom, speciai condition use permit; 5) Todd J. Bauer, special condition use permit; 6) St. Paul Port Authority's Citgo Shepazd Road, rezone from b3 to I-2; 7) Hamline-Midway Special Sign District; and 8) Meniam Pazk Special Sign District. V. GuestPresentation Dick Victor, Minneapolis Community Development Agency, Housing and Other Development Completed and Underway in Minneapolis Chair Morton welcomed Mr. V ictor to Saint Pau1. Mr. Victor talked about his 3] year tenure with the Minneapolis Community Development Agency and how things have changed over the years. During the days of federal urban renewal, we just got the demolition people moving to clear things out and we started again. Today, nothing goes ahead without planning and partnership, not only partnership in terms of funding, but also in terms of participation. The third "p" usuaily associated with the others today is pollution. Each commissioner was given a packet about the agency. Mr. Victor showed slides of some of the current development and redevelopment activities going on in Minneapolis. � Projects: aq - \o y� MINUTES OF THE ZONING COMMITTEE • Thursday, August 5, 1999 - 3:30 p.m. City Council Chambers, 3'" Floor City Hall and Court House 15 West Kellogg Boulevard PRESENT: � U � EXCUSED: OTHERS PRESENT: Engh, Field, Faricy, Gervais, Kramer, Morton, and Now{in Peter Warner, City Attomey Danette Moore, Ailan Torstenson, Jeff Miller of PED The meeting was chaired by Commissioner Fieid. Roger Bonfe - 99-185 - Rezoning from RT-2 to B-3 to allow a parking lot in association with Bonfe Auto Repair. Jeff Milfer showed slides and presented the statf report with a recommendation for approval of the rezoning. There was one letter of opposition. At the question of Commissioner Kramer, Mr. Mil{er stated this is an auto service not tfie body shop. Upon question of Commissioner Morton, Mr. M+iler stated the landscaping would have the same requirements in a B-3 or P-1. Roger Bonfe, the applicant appeared and stated he has owned the body shop for 48 years. The property proposed for rezoning was recently purchased for a parking lot. At the question of Commissionec Kramec, Mr. Bonfe stated the zoning staff recommended the B-3 zoning. The lot is going to be used for parking oniy. The public hearing was closed. Commissioner Morton moved to approve the rezoning of both parcels. Commissioner Faricy seconded it. Commissioner Kramer wouid prefer the property be rezoned to P-1. Mr. Wamer stated that another notice woutd have to be sent out to rezone the property P-1. Commissioner Nowlin said his concem is not about B-3, but that surface parking is not the best use there, especially as the asea develops. Commissioner Kramer stated he was concerned that the City Council did not want B-3 zoning in that area. Adopted Yeas - 6 Nays - 0 Drafted by: C';Q n,o-��12Q a� � Carol Martineau Recording Secretary Submitted by: Allan To ten o�� Zoning Section Litton Field Chair � ?�inyFil�'�99-185 � UTOMOTIVE 420 Gateway Boulevard EMBER Burnsville MN 55337-2559 �l� - � 0 �� ERVIGES �NG (612) 707-4430 • ' FAX (612) 707-4762 St. Paul Zoning Committee August 28, 1999 25 West Fourth Street 1400 City Hall Annex St. Paul, Iv�� 55102 Dear Committee Members: As a newly arrived neighborhood business (we recently purchased the operations of Grand and Smith Mobil) we would like to express our support for the rezoning petition presented by Roger Bonfe to change the zoning of366 and 372 Smith avenue from TR-2 to P-1. Despite our recent arrival in the neighborhood as property owners, we have worked with Mr. Bonfe for many years and know him to be committed to the long-term health of the neighborhood. We support his efforts in this rezoning request. Sincerely, � � ; � �, � � , � 7effrey gden Vice President Finance • °�`l -�o y � � ZONIPiG COMMITTEE STAFF REPORT FiLE # 99-185 • � 3. � APPLICANP: BONk'E, ROGER CLASSIFICATION: Rezoning DATE OF HEARING: 09/02/99 LOCATION: 366 and 372 SMITH AVENLTE NORTH between Grand Ave. and Forbes Ave. PLANNING DISTRICT: 9 5. LEGAL DESCRIPTION: Lot 11 Slock 2 Samuel Leeche's Addition To The Town Of Saint Paul; N Yz of Lot 10 Block 2 Samuel Leeche's Addition To The Town Of Saint Paul 6. PRESENT ZONING: RT-2 ZONING CODE REFERENCE: 64.4�0, 6Q.723 7. STAFF INVESTIGATION AND REPORT: DATE: 8/26/99 BY: Jeff Miller 8. DATE RECEIVED: 07/06/99 DEADLINE FOR ACTION: 11/3/99 A. PURPOSE: Request for rezoning of two adjacent pazcels from RT-2 to P-1, rather than the previously requested B-3, to allow for a parking lot in association with Bonfe's Auto Service business. B. PARCEL SIZE: Lot 11 is 8,874 squaze feet; N'/z of Lot 10 is 4,524 square feet; Combined size of two lots is 13,398 squaze feet. (The applicant is also applying to Ramsey County to legally combine these two pazcels into one lot.) C. EXISTING LAND USE: Both pazcels aze currently vacant and heing used for pazking. � SURROTINDING LAND USE: North: Existing parking lot, for employees of a commercial business across the alley, in a B-3 district. East: Existing commercial building, auto repair services, in a B-3 district. South: Existing residential structures, single-family and duplex, in an RT-2 district. West: Existing residential structures, multi-family and duplex, in an RT-2 district. E. ZOr'ING CODE CITATION: Section 64.400(a) states in part that "the council may, �'- from time to time, amend, supplement or change the district boundaries or the regulations �l`l -to �+� • Zoning File #99-185 Page Two herein, or subsequenfly established herein pursuant to the provisions of Minnesota Statutes Section 462.357 and amendments thereto as may be made from tune to time. The planning commission may, from time to time, review district boundary lines to detemune if, pursuant to state laws, such district boundary lines should be changed." F. ffiSTORY/DISCUSSION: Applicant originally petitiened for rezoning these two pazcels to B-3, with the public hearing held on August 5t 1999. Pianning staff and the Zoning Committee recommended approval at that time. The Planning Commission withheld action and recommended that the request be changed to a P-1 rezoning with a second public heazing to be held on September 2nd, 1999. G. DISTRTCT COiTNCIL RECOMMENDATION: The W. 7�"/Fort Road Federation has no comment on the proposed rezoning. H. RINDINGS: 1. Roger Bonfe, owner and president of Bonfe's Auto Service and Body Repair, is the • owner of the two adjacent vacant pazcels on Smith Avenue North. Mr. Bonfe also owns the commercial property directly across the alley at 337 West Seventh Street for use as Bonfe's Auto Service. Mr. Bonfe intends to improve the two parcels on Smith Avenue North to provide off-street pazking for customers and employees of his adjacent commercial business and has submitted a site plan for the proposed pazking lot. 2. The applicant originally submitted a sufficient petitian of two-thirds of the property o�vners within one hundred (100) feet of the properry stating support for the rezoning of RT-2 to B-3 (21 parcels eligibie, 14 required, and 14 signed). The Planning Commission determined that a new petition for rezoning to P-1, rather than B-3, is not required because it is a more restrictive zoning district. 3. Section 60.720 defines the P-1 Vehiculaz Pazking District, which permits "the establishment of off-street parking facilities to be used solely for off-street pazking of private passenger vehicles as a use incidental to a principal use. T'he district will serve as a use district which has developed without adequate off-street pazking." 4. Section 60.723 identifies six (6) required conditions for P-1 uses: a. The parking facility shall be accessory to and for use in connection with one or more businesses, industries, institutions, or multifamily residences. This condition will be met. The pazking facility will be an accessory off-street pazking lot in connection with Bonfe's Auto Service, a commercial business directly across the ` alley from the proposed parking facility. •' �t`t - �o��l � Zoning File �99-185 Page Three b. The parking facility shall not be used dnring hours when the principal use is not in operation. During such periods the parking facility sha(1 be inaccessible for public use. This condition will be met. The applicant does not intend to allow access to the pazking facitity outside of the hours of operation. There will be cazs pazked in the parking facility ovemight that have not been compietely serviced or aze scheduled for service the following day. c. The parl:ing facility shall be used solely for parking of private passenger vehicles and shall not be used as an off-street loading area. This condition will be met. The appiicant intends to use the parking facility solely for parking for customers and employees of his adjacent commercial business and does not intend to use it as an off-street loading azea. d. ho commercial repair work or service of any kind, or sale or display thereof, shall be conducted in such parking facility. This condition will be met. The applicant does not intend to use the pazking facility for commercial repair work or service of any kind or sale or display. � e. l�o signs of any kind, other than signs designating entrances, exits and conditions of use, shall be maintained on such parking facility. This condition will be met. f. No buitding other than that for the shelter of attendants shall be erected upon the premises unless specifically approved by the planning administrator during site plan review. This condition will be met. The applicant does not intend to construct any buildings on the parking facility land. 5. The use of these two parcels for off-street pazking to serve an adjacent neighborhood commercial business is consistent with the changing chatacter of this specific block, �vhich is surrounded by arterial streets, and this azea in general. Smith Avenue and Grand Avenue are Class B Minor Arteriais and West Seventh Street is a Class A Minor Arterial, according to the Saint Paul Transportation Policy Plan (a chapter of the Gomprehensive Plan}, as well as County, Metropolitan and State transportation pian classifications. With the opening of I-35E, Grand Avenue access to I-35E just a couple blocks away to the north, and the reconstruction of ihe High Bridge on Smith just a couple blocks to the south, this section of Smith Avenue has become an increasingiy high tra�c connector street. Major commercial redevelopment has occurred in this azea, both on Grand • Avenue and West Seventh Street. Two-thirds of this biock is already zoned for commercial uses. Smith Avenue serves as a boundary betw�een the more commercial area to the east, north and south, and the more residential area to the west. The surrounding �1�1-i�y� • Zoning File #99-18� Page Four commercial redevelopment and high traffic volumes on Smith Street create a difficult environment for attracting residential uses to these two lots. 6. Use of this land for off-street pazking to serve an adjacent neighborhood commercial business is consistent with the District 9 Plan. Adopted in 1980, the District 9 Plan indicates this block as an azea of transition with a mix of residential and commercial uses. The plan recommends that commercial should be encouraaed along West Seventh Street, with protection of residential azeas from encroachment by incompatible commercial or industrial uses and the use of appropriate buffers. The plan also recotnmends that parking spaces be located behind buildings, but landscaped from adjacent residential areas. This proposed parking lot would support a strong and expanding commercial business on West Seventh Street. The proposed pazking lot is located behind the commercaal business on West Seventh Street, although on separate lots. As long as this parking lot is well- desiLned and buffered from surrounding residential uses and Smith Avenue, it would not be considered an incompatible commercial use. 7. Use of this land for off-street pazking to serve an adjacent neighborhood commercial business is consistent with the City's Land Use Plan, which identifies the West Seventh • Street Corridor as one of the five primary corridors for grow[h in the future. These two parcels are not part of any of the numerous housing development site opportunities identified in the Plan. These two pazcels also aze not part of any of the numerous neighborhood pedestrian commercial districts identified in the Plan. This azea is not targeted for planned redevelopment and should be zoned to fit the character of ongoing development in the azea. . g. The City's Transportation Policy Plan also addresses the need for considering parking lots as part of a neighborhood's physical fabric, giving attention to a neighborhood's character and creating community connections. Policy 39 states "The City should require parking lots to have a strong landscaped edge along the sueet, and encourage landscaping within parking lots. The City should find ways to encourage or require improvement of existing parking lots, as well as newly constructed lots. Landscaping should be aesthetically pleasing and provide a sense of gublic safety." Because this proposed pazking lot is adjacent to and facing residential properties across the street, it is especially important that it enhance the neighborhood's chazacter utilizing landscaping and screening. 9. The rezoning will not have an adverse impact on adjacent residential properties if appropriate landscaping and screening aze installed on the south and west sides of the property to shieid the parking uses. • I. STAFF RECOMMENDATION: Based on the above findings, staff recomtnends approval of ihe rezoning of both parcels from RT-2 to P-i. �L�l -�o y`�l �.,,R :..o. � I� �A�AA PETtTt011 TO AMEND THE Z011iNG CODE Depariment of Planning nnd Economic Development Zoning Seclion II00 City Hall AnnPx 25 West Fourth Srreet Saint Pau1, MN 55102 266-6589 APPLICANT ��Property Own � St�ip �� Daytime phone� Contact person (if different) PROPERTY Address/Location 3�0�o C�-/'t� � �02 LOCATlON Legal descriptionsu �n u<� �'� r c-� P� �� 7Z /�l�� / a �6 � (( / (attach additional sheet if necessary) �/ z _ 0 {�t,�,,T s_rP. Z��Q I'Q�LrI/ _ ��, �� Z TO THE HONORABLE MAYOR AND CfTY COUNCfL: Pursuant to Section 64.`�Q of the Saint P ul Zoning Ordinance and to 5ec!ion 462.357(5) ofi Minnesota Statues, ISDG�' �� , the owner of sll thz land proposed for rezonin , hzreby petition you io rezone the above described property trom a _�� a zoning district to a�- 3 zoning district, for the purpose of: � Vf � � O� � � �P �i � �� i d P c►� ��,33� (attach additional sheet(sJ if necessar�y) / 70 .-, Attachments: Required site pian L� Consent petition � Affidavit D �� Subscribed and swom to /� before me this � Y � day Sharon �• p�erson gyC{3C i .� N6iMY PUBIIC • MIINNESOTA Gc' '.�� MY COMMISSION IXPIRES Fee nar of p:�perty 4 f �� 9 �' 1ANUAAY 35. 26G0 /� • Title: (yl��f :�� " � Page i of Notary Public , MICHEIE S. OTZEHBfRGEr� � A N0T0.RY PUBLIC • YINNESOTA �Aac i��4� �•.,� � Ry Comm. @D��os Jan. 11. 3000 • CITY OF SAINT PAUL �i�fl�}O��— Qq-�� T�Tf o� CONSENT OF ADJOINING PROPERTY O�V�IERS FOR A REZOl\TING R'e, the undzrsi�ned, o«�ners ofthe propert}• �vithin 100 feet oEthe totat eontiguous description of real estate owned, purchased, or sold by THE PETITIONER «•ithin one year precedin� tne date of this petition ackno�vledge that �ce have been presented ��ith the follotivin�: ]. A copy oEthz pztition of i O �1' UI 1/� x (name of petitioner) t a '/ ��nGC 3�a Sm i�h to rezone tne properry ocate at -� .�� - from a�ZOning district to a U zonin� district. �� 2. A copy of sections throu�h , inclusive of the Saint PauV Zonin� Code; and ackno�vled�e that «e are aware of all of the uses permitted in a�_ zoni�° district and we arz aware that any of these uses can bz established upon City Councit approvzl of tnz rezonin�. ��'e hereby consent to the rezonin� of Ihe properry in the petition of; �D G} i �DY? �� to a� � zoning district. (�;am: of pztitioner) �Ve consent to the nppro�•al of this rezoning as it �ti'as explained to us by fhe npplicant or his/her representative. DR SS )R P.l �. � �� 8 a. l�fln S/ a. O G G.ra. ac ��" l�a-� l /`Z j,o2 hae � � PGt-v � �h � 3 6 z SM,7x /t� �t t�ti�l h'n ri 3«��,rfw f p�,�! Kh s"! � ��-��h s't- S f c �-�! fta� � oo Graa f� Tr y f tra�t �n��rson pavl ; 11 )1 � J � 11 � t 1 ) �� / ., -� j�a� 1 Pt� 5`I' o l'rra f� �r � ti� /Y , / � ��n ��{ 1 1 )) 1f �, V �lY I� �� ' . ;. % ��1 _✓i � � � �/!� �� ! -�-� � � �� -�Z -Z• 9 . - - y' r --� — / _ z - �� -Z- q _ _�� =lS i-e-q9 • 1'avt 1 tn 7 �cy Ya.. ..�,,, ..-, .. �/�-,�- � pQ r�� —�� `�� nOTE: This petition shall not be considered as officially f Ie3 iut il the laps� of seven (7) workin� days after it is recei��zd by the Planning Division. Any signator of this pztitio^ t*iay �vithdra�v his�h°r name therzfrom b}• «ritten requzst within that time. DI�I ��I�A� �t�T] Ot� CITY OF SAINT PAUL � CO�SENT OF ADJOII�IING PROPERTY ONIrTERS FOR A REZONING > S/'Y"11�� \Ve, the u�dersigned, o�vnecs of the groQerc}• tvithin I00 feet of the total contiguous description of real estate o«�ned, purchased, or sold by TFIE PETITIO�tER «•ithin one year precedin� the date of this petition ackno��'ledge that titi•e have been presented «•ith the following: a I. A copy of the peti[ion of to rezone the property located zt of from a,� zoning district to a� �zoning district. 2 A copy of sections throuoh , inclusive of the Saint Paul Zonin� Code; and ackno�s'Izdge that ��e zre 2ware oFall o( the uses permitted in a�'� zoning district and we are aware that any of these uses can bz established upon Ciry Council approval of the rzzonin�. \Ve hereby consent to the rezonin� of the propzrt}� in thc petition of; . �Oq �/' �Oh �� to a �- .� zoning district. `' (�ame of pztitiones) ��Ve consent to the approval of this rezoning as it �ti•as explained to us by the �pplicant or tiis/her representative. F3 j7 �.V S r� i; H ,c t,t Jvn. I�v.x s� � oIz8 E/1�r JY.�� ;�t Co� o! ZYZ3`�'� Ooo 6 CiT'� c F S�. �i9srL, S bs J h+t. s-l- R �� l� �?7 ��m �f Wi//�A.InT/Jvan/9ah s- l'laureeh � p�Nn�� 'weh� I oJa � �c`t-��°t O�• o�- 99 � ~��'�� R� f�� 7'` � / ♦� ; Z 9- �9 0 r07E: This petition shail not be considered as officially filed until the lapse of seven (7j working days after it is received by the Planning Division. Any signator of this petition may ��+ithdraw his�her name therefrom br• «titten rec�uest �vithin thlt time. • � r1 �J �I�I� �� • �� ` �. . ��,�: �, .,,. m ,� T. ° � I /�� \ G ) ♦ - I 1 i � 2 W � � � N �; '� ('-� � a �, o ° � t '4 _ � __ •'� � O T ; � f V �3 . IV � � j�. � � f� � � � ^ � ^ W �) � � n � ��_� =i S � � � � � t < � � y � : i ,� �I � � p� N M 1� �- � �. 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HIGHLAND 16. SUMMIT HILL 17. DOWI�TOWN Q `t - l�'-� `( � . .. � DISTRICT 9 ON .-��-�-._. ^.� . �, -� �� F��'4-/P�s- � i . � , � � � >� v ` � ..s v e P,� ;�� : : � ��: �� - `:Y..rj"Y.� i .V � a _ ' . , .4�ti� ��: ��_- . . � �' ,��^� .. " Q .:' "��'' a: :;J: �, >:: ; �: ��s�. 0; p::� -�_ ''` � �� ° !=� - ;� = q ' _ ' �o �kq PP�ICAt1S '�'"` �v `�'" G' LEGEND URPOSE � ,", J�"'`�s. /� � Z�� `�' Zoning disirict boundary �• DATE � subject property n� onh"- 'LNG. DIST� MAP r o one tamily •�^ commerciz: �� r .,� � twotamily � ..,. industriat �� J ..� j�-�Q mu�tipie family V vacant � _ ORIGINAL Presented By Referred To sss� �� a�a Council File # l� , �O�-l9 Ordinance # CULLLLR1Ll.CC: LdI.E` 2 10 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 An ordinance amending Chapter 60 of the Saint Paul Legislative Code pertaining to zoning for the City of Saint Paul and the zoning maps thereof: WHEREAS, Pursuant to Minnesota Statutes §462357 and §64.400 of the Legislative Code, ROGER BONFE duly peritioned to rezone 366 and 372 SMITH AVENUE NORTH, being legally described as the N'h of Lot 10 and Lot 11 Block 2 Samuel Leeche's Addition to the Town of Saint Paul, from RT-2 to B-3 to allow an off-street pazking lot in association with the adjacent commercial use at 337 W. 7`" Street (Bonfe's Auto Service), the petition having been certified by the Zoning Section on July 9, 1999 as hauing been consented to by at least 67 percent of the owners of the area to be rezoned, and further having been consented to by at least two-thirds of the owners of the property situated within 100 feet of the total contiguous property within one year preceding the date of the petition; and WHEREAS, the Zoning Committee of the Planning Commission held a public hearing on August 5, 1999, for the purpose of considering the rezoning petition, and pursuant to § 107.03 of the Administrative Code, submitted its recommendation to the Planning Commission that the petition be granted; and WHEREAS, the Planning Commission considered the rezoning petition at its meeting held on August 13, 1999, determined that the properties are more appropriately rezoned P-1, and sent the case back to the Zoning Committee to conduct a second public hearing; and WHEREAS, the Zoning Committee of the Planning Commission held a second public heazing on September 2, 1999, for the purpose of considering rezoning from RT-2 to P-1, and pursuant to § 107.03 of the Administrative Code, submitted its recommendation to the Planning Commission that the rezoning be granted; and WHEREAS, the Planning Commission considered the rezoning to P-1 at its meeting held on September 10, 1999, and recommended that the City Council approve the rezoning; and WHEREAS, notice of pubiic hearing before the City Council on said rezoning was duly published in the official newspaper of the City on September 16, 1999, and notices were duly mailed to each owner of affected property and property situated wholly or partly within 350 feet or the property sought to be rezoned; and WHEREAS, a public hearing before the City Council having been conducted on October 6, 1999, at which all 3nterested parties were given an opporiwuty to be heard, the Council having considered all the facts and recommendations concerning the petition; now, therefore THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: 39 40 41 42 43 44 45 46 47 Section 1. °19 - l�l{0. That the zoning map of the City of Saint Paul, Sheet Number 28, as incorporated by reference in §60301 of the Saint Paul Legislative Code, as amended, is hereby further amended as follows: That the properties at 366 and 372 Smith Avenue North, being more particularly described as: the N 1 /z of Lot 10 and Lot 11 Block 2 Samuel Leeche's Addition to the Town of Saint 48 be and aze hereby rezoned from RT-2 to P-1. 49 50 51 Section 2. 52 This ordinance sha11 take effect and be in force thirty (30) days from and after its passage, approval and 53 publication. �Il�f tctJ�f� ORIGlNAL Requested by Department of: �._.. ; i ;��:, Plannina & Economic Development BY� � ,�.7� � � sy: � Approved by May r� Date �e �`q�, By: V Form Approved by Ci ttorney � By' Approved by Mayor r Submission to Council By: Adoption Certified by Council Secretary � � TOTAL # OF SIGNATURE PAGES �.: ;_-r��.--„�:, � q�f - to�� No��i��J � �,.� — - e a.,�,,,,� �° �`� t� Q �� ❑..�„�.,.,�� ❑..�.,.�.o Ow�� ❑ (CLIP ALL LOCATIONS FOR SIGNATUR� ktr_ �1��1 If' 1'h13 0✓I�I Wj�l ��yYl�'rM/IrtA(�a2. � fhi � 1o �1 fi�A uw� u� H� B6Mft's �� PLANNING COMMISSION CIB COMMITTEE CNIL SERVICE COMMISSION /f1�C. M�. Hes thic P� everwo�ked under a contrad forfhis depar6r�enC! vES rio Hm dire peroaJfiim ever been a cdy empbyee9 res rio oces tlxs perswYfirm D�seas a c�all not � M am �� Y �PbY�? YE3 NO Ia tlus pnsorJfirm a tarpeted oe,MOi? YES NO VG�� ISSU�NNITY (Who. Wh�. When, Wheie. NTy �& r �� h} s �� • ---._ .. .. -- � r� v��v�r.,,ti AG s,�p� Ri�n'fe's If ufi kr�;�e. 3e��°� �� IF APPROVED �,ent• hai M� AMOUNT OF TRANSACTION CO3T/REVElIUE BUD6ETm (CIRCLH ONE) ACTIVITY NIAABER GREEN . S 1'► P�1 ��. .� YES NO �67�s�i§e=8 fi'-��dEwG_'yi; +�„�tv�';x;y+ DEPARI'MENT OF PLANNING & ECONOMIC DEVELOPMENT Brime Sweeney, Director CTI'Y OF SAINT PAUL Norm Coleman, Mayor 25 West Fan'[J� Sbeet Saint Paub MN 55702 lt Telephone: 651-266-6700 Facsimile: 657-228-3120 �� 't�� September 10, 1999 Ms. Nancy Anderson City Council Reseazch Office Room 310 City Hall Saint Paul, MN 55102 Dear Ms. Anderson: C,Cl1RG!? ��s� � �°::C�1' SEP � � �9�9 I would like to confirm that a public hearing before the City Council is scheduled for Wednesday, October 6, 1999 for the following zoning case: Applicant: ROGER BONFB File Number : #99-185 Purpose: Rezoning from RT-2 (townhouse residenrial) to P-1 (parking) to allow a parking lot in association with Bonfe Auto Repair Address: 366 and 372 Sxnith Avenue (between Grand and Forbes) Legal Descriprion of Property: Lot 11 Block 2 and N'/z of Lot 10 Block 2 Samuel Leeche's Addition to the Town of Saint Paul Previous Action: Planning Commission Recommendation: Approval, vote: unanunous, September 10, 1999 Zoning Committee Recommendation: Approval, vote: unanimous, September 2, 1999 My understanding is that this public hearing request will appear on the agenda for the September 22, 1999 City Council meeting; and that you will publish notice of the hearing in the Saint Paul Legal Ledger. Please call me at 266-6578 if you have any questions. Sincerely, � �• "' Lucy Thompson City Planner cc: File#49-185 Paul DuBruiel Carol Martineau Wendy Lane t �� xarica o��varac �G '_ 1Yie Ssint �aeiF LYty Councll wllt condnct a gublic heaiing on Wednesday.�bctotier 6. 1999; at,5:30 p.m. in the City Couacil Clxamtiers, 'fhird Floor, CiCy Hall- Cotu'thoase, to consider the applicatioa of Roger Bonfe to rezone property from RT-2 (ttiwnhouse residenfial) to P-1 [parku� to alloa+aparlflnglot in associaUonwt'th Bonfe Auto Repair, 366 and 372 Smith Avenue (L�eiween Grand and Forbesl _ Dated: September 14,�1999 - . NANCYA�IDERSON � -. . AssistantGYtyCwencilSeetetaiy'; _ � � . .. ,. - (�, is} _ _ a—s S1t YADL f.BGAL LBD66R ==m== DEPARTMEN7 OF PLANNING & ECONOMIC DEVELOPMENT Brian Sweeney, Direclor CTTY OF SAII�IT PAUL tiorm Cotemax. Ivlayor �lq -1o�{�j � LJ u September 22, 1999 Ms. Nancy Anderson City Council Reseazch Office Room 310 City Hall Saint Paul, MN 55102 RE: Zoning File #99-185 City Council Heazing: ROGER BONFE October 6, 1999, 5:30 pm. City Council Chambers PURPOSE: To consider rezoning properiy at 366 and 372 Smith Avenue North (between Grand and Forbes avenues) from RT-2 (Townhouse Residential) to P-1 (Parking) to allow for a pazking lot in association with Bonfe's Auto Service business. PLANNING COMMISSION RECOMMENDATION: ZONING COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: SUPPOAT: No one spoke. One letter was received. OPPOSITION: No one spoke. Deu Ms. Anderson: ?S West Fourth Street Telephone� 657-266-6700 SamtPaul,MA"55102 Facsimile.657-228-3220 APPROVAL, vote: unanimous September 10, 1999 APPROVAL, vote: unanimous September 2, 1999 APPROVAL ROGER BONFE originally submitted a petition to rezone property at 366 and 372 Smith Avenue from RT-2 to B-3. The Zoning Committee of the Plauning Commission held a public hearing on the proposed rezoning on August 5, 1999. Tiie applicant addressed the Committee. At the close of the public hearing, the Committee voted 6-0 to rezone the properties to B-3. On August 13, 1999, the Planning Commission determined that the properties aze more appropriately zoned P-1, and sent the case back to the Zoning Committee for a second public hearing. The Zoning Committee held the second hearing on September 2, 1949. At the close of the hearing, the Committee voted 5-0 to rezone the properties to P-1. The Planning Commission upheld the Zoning Committee's recommendation for approval on a unanimous vote on September 10, 1999. cCq _ �o`-�R � Ms. Nancy Anderson September 22, 1999 Page Two This proposed rezoning is scheduled to be heazd by the City Council on October 6, 1999. Please notify me if any member of the City Council wishes to have slides of the site presented at the public hearing. Sincerely, ��I �'�•"'�P�k Lucy Thompson City Planner Attachments • • � city of saint paul planning commission resolution f Ie number 49-58 �ate September 10, 1999 ot q.- �o�� WHEREAS, Roger Bonfe, file �99-185, has petitioned to rezone two adjacent lots at 366 and 372 Smith Avenue I�Iorth between Grand Avenue and Forbes Avenue from RT-2 to B-3 for the purpose of allowin� an off-street parking lot in association �vith the adjacent commercial use at 337 �Vest Seventh Street, legally described as Lot I1 Block 2 Samuel Leeche's Addition To The To�vn Of Saint Paul and N 1/2 of Lot 10 Block 2 Samuel Leeche's Addition To The To�vn Of Saint Paul; and �VHEREAS, the Zonin� Committee of the Planning Commission held a public hearing on Au�ust Sth, 1999, at �vhich all persons present were given an opportuniry to be heard pursuant to said application in accordance with the requirements of 3ection 64.400 of the Saint Paul Le�isiative Code; and r1 �J WHEREAS, the Saint Paul Plaiming Commission, based on thz evidence presented to its Zoning Committze at the public heazin�, as substantially reflected in the minutes, made the foilo�ving findin�s of fact: Ro�er Bonfe, o��ner and president of Bonfe's Auto Service and Body Repair, is the o��ner of the two adjacent vacant parcels on Smith Avenue North. Mr. Bonfe also owns the commercill property directly across the alley at 337 West Seventh Street for use as Bonfe's Auto Service. Mc Bonfe intends to improve the two parcels on Smith Avemie IvTorth to provide off-street parkin� for customers and employees of his adjacent commercial business and has submittzd a site plan for the proposed parking 1ot. The applicant submitted a sufficient petition of two-thirds of the property owners �vithin one hundred (100) feet of the property stating support for the rezonin� (21 parcels elioible, 14 required, and 14 signed). � moved by_ seconded by Gervais an favor Unanimous against � a q � lo�l°l • 3. Section 62.10�(3) of the Zoning Code germits off-street parkin� for nonresidential use within the same or a less restrictive zonin� district as the principal use and �cithin three hundred (300} feet of the buitding it is intended to serve, measured from the neazest point of the buildin� to the neazest point of the off-street parking lot. Rezoning of these t�ro pazcels from RT-2 to B-3 �vill place them within the same zonin� district as the principal commercial use at 337 West Seventh Street that the parkin� is intended to serve, which is dizectly across the alley. The rivo parcels are also �vithin thtez hundred (300) feet of this conunercial building. 4. Section 62.103(6) of the Zonin� Code proh:bits the stora�e of inerchandise or trucks, the repair of vehicles, or the business of sellinR merchandise in off-street parking areas in a B� zoning districi. The 2pplicant does not intend to use the off-street parkin� area for the stora�e or repair of vehicles. g. The commercial use of these two parcels is consistent ��ith the changing chazacter of this specific block, which is surrounded by arterial streets, and this area in general. Smith Aveime and Grand Avenue are Ciass B Minor Arterials and �Vest Seventh Street is a Class A Minor Arterial, accordin� to the Saint Paul Transportation Policy Plan (a chapter of the Comprehensive Pian), as well as Count}�, Metropolitan and State transportation plan classifications. �Uith the opening of I-35E, Grand Avenue access to I-3�E just a couple blocks away to the north, and the reconstruction of the Hieh Brid�e on Smith just a couple blocks to � the south, this section of Smith Avenue has become an increasingly hi�h traffic connector street. Major commercial rede�elopment has occurrzd in this area, both on Grand Avenue and �Vest Seventh Street. Two-thirds of this block is aiready zoned for commercial uses. Smith A�•enue serves as a boundary bet�veen the inore commercial area to the east, north and south, and the more residential area to the west. The surrounding commercial redevelopment and high traffic volumes on Smith Street create a difficult environment for attractine residential uses to these t�vo lots. 6. Commercial use of this land for off-street parking is consistent with the District 9 Plan. Adopted in 1980, the District 9 Plan indicates this block as an area of transition with a mix of residential and commercial uses. The plan recommends that commercial should be encoura,ed alon� West Seventh Street, with protection of residential areas from encroachment by incompa[ibie commercial or industrial uses and the use of appropriate buffers. The plan also recommends that parkin? spaces be located behind buildings, but landscaped from ad}acent residential areas. This proposed parking lot.�ould support a stron� and expandin� commercial business on �Vest Se��enth Street. The proposed parkin� lot is located behind the commercial business on �Ves. Seventh Street, althou�h on separate lots. r�s long as this parkin� lot is ��ell-dzsigned and buffered from surrounding rzsidenti� 1 uses and Smith Ave�iue, it uould not be considered an incompatibie � conunercial use. ��t - to�� • 7. Commercial use of this land is consistent with the City's Land Use Plan, which identifies the West Seventh Street Corridor as one of the five primary corridors for growth in the future. These two parcels aze not part of any of the numerous housing development site opportunities identified in the Plan. These two pazcels also aze not part of any of the nutnerous neighborhood pedestrian commercial districts identified in the Plan. This azea is not targeted far planned redevelopment and should be zoned to fit the chazacter of ongoin� development in the azea. The City's Transportation Policy Plan also addresses the need for considering parkin� lots as part of a neighborhood's physical fabric, giving attention to a neighborhood's chazacter and creating community connections. Policy 39 states "The City should require parking lots to have a stron� landscaped edge along the street, and encourage landscaping within parking lots. The City should find ways to encourage or require improvement of existing parkin� lots, as well as newly constructed lots. Landscaping should be aesthetically pleasing and provide a sense of public safety." Because this proposed parkin� lot is adjacent to and facing residential properties across the street, it is especialiy important that it enhance the neighborhood's character utilizing landscaping and screening. 9, The rezoning will not have an adverse impact on adjacent residential properties if • appropriate landscaping and screening are installed on the south and west sides of the property to shield the commercial uses. I�IOW, THEREFORE, BE IT RESOLVED, by the Saint Paul Planning Commission, that the petition of Roger Bonfe to rezone the rivo adjacent properties at 366 and 372 Smith Avenue North beriveen Grand Avenue and Forbes Avenue from an RT-2 zoning classification to a B-3 zoning classification to allow an off-street parkin� lot in association with the adjacent commercial use at 337 �Vest 3eventh Street is consistent with the Saint Paul Comprehensive Plan; and BB IT FURTHER RESOLVED, that the Saint Paul Plannin� Commission does hereby recommend to the Council of the City of Saint Paul that the two adjacent properties at 366 and 372 Smith Avenue North be rezoned from RT-2 to B-3 in accordance with the petition for rezoning on file with the Saint Pau] Plannin� and Economic Development Division. • Sep�eW�rer' ip,19�19 r �i. d1ni+lMi'2S �� - ��`� • responded that the applicant reported he has 32 parking spaces. Some spaces are used 6y his employees and some aze used by the apartment dwellers. In the meetings with the Deparhnent of License, Inspections and Environmental Protection, they determined that he needed these additional 62 spaces, given the expansion onto the second floor. Commissioner I{ramer recommended a minor change on the conditions attached to the resolution. He pointed out that one of the conditions that the Zoning Committee attached is that the appiicant needs to provide an orrsite attendant between the hours of 8 p.m. and 2 a.m. It occurred to him that lot might actually close before 2 a.m. Perhaps the condition should add that there does not need to be an attendant if the lot is closed during that time. MOTION FOR AMENDMENT: Commissioner %ramer moved to amend condition #2 to say that ihe applicant must provide an on-site attendant during the hours between 8 p.m. and 2 a.m. unless co�doned off befo�e that time; Commissioner Engh seconded the motion whzch carried on a voice vote, wUh Com»tissione�s Margulies and NowGn abstaining. Commissioner Kramer, refening to condition #3, noted that it states the Exchange Street entrance/exit will be cordoned off after 2 a.m. on all nights, but asked when it would open. Ms. Homans replied that it is her expectation that it will open when United Hospital's lease begins in the moming or whenever the arm is enabled. Commissioner Fotsch asked if these conditions were present at the time the objections from the neighborhood were received. Ms. Homans answered that these conditions were developed in � consultation with the neighborhood residents and the applicant after the first stages of the public hearing when the objections were raised. The amended motion on the floor to approve the requested special condition use permit for shared parking at the Sandco parking lot on the west corner of Chestnut and Exchange for Patrick McGovern's pub and restaurant at 225 West 7th Street carried on a voice vote (Margulies and Nowlin abstaining). #99-185 Roeer Bonfe - ezoning from RT-2 to P-1 to allow a parking lot in association with onfe Auto Re ' 6 and 372 Smith Avenue between Grand and Forbes (Lucy Thompson, 266-6 MOTION: Commissioner Gervais moved approval of the request to rezone the property at 366 and 372 Smith Avenue between Grand and Forbes from RT-2 to P-1 to atlow a parking lot in assaciation with Bonfe Auto Repair. Mr. Gervais explained that this case had been a]ayover. The original application submitted was from RT-2 to B-3. Following discussion at the last Planning Commission meeting, an application was resubmitted from RT-2 to P-1. A question about a sign issue came up after Zoning Committee. Ms. Thompson explained that Mr. Bonfe asked if a condition noted in the staff report in order to establish a parking lot in P-1 meant that he could not move a sign that is at Smith Avenue and McBoll to a corner of the new parking lot facing Smith Avenue. It is a 21- foot tall business advertising sign. It is her interpretation that this sign would not be allowed in the parking lot. She thinks that the Commission needs to make it cleaz that a business sign � would not be allowed in this location on the parking lot. Chair Morton asked if the new signs on the lot wil] say "Parking for Bonfe's Patrons Only." Ms. Thompson stated that something like �l`i - l�`�`1 • that would be allowed. She also informed commissioners that Mr. Bonfe is also closing the driveway ofFof Smith. The only access to this pazking lot is from the alley. Commissioner Geisser asked if this means that Mr. Bonfe will lose his business sign. Chair Morton responded that he just cannot move his business sign to the parking ]ot. Commissioner Nordin asked if there were a limit to the size of a parking sign in the P-1 zoning. Ms. Thompson replied that the sign ordinance may have restrictions, but in terms of the conditions for establishing a pazking lot in P-1, it does not have dimension restrictions. The motion on the floo� carried unanimously on a voice vote. #99-200 American Portable Telecom - Special condition use permit to allow a ten foot cellular telephone antenna on the apartment structure at 1967 Grand Avenue between Prior and Cleveland (James Zdon, 266-6559). MOTION; Commissioner Gervais moved approval of the requested special condition use permit with conditions to allow a ten foot cellular telephone antenna on the aparifnent structure at I967 Grand Avenue between Prior and Clevelanrd Commissioner Gervais explained that this case had been laid over in order for staff to research the possibility of there being any other buildings or locations in the area where this could be located. Staff reported that there were none. • The motion on thefloor carried unanimously on a voice vote. #99-207 Pawn America -Special condition use permit to allow a pawn shop at 1546 White Bear Avenue between Hoyt and Montana (Nancy Frick, 2666554). MOTION: Commissioner Gervais moved deniat of the requested special condition use permii to allow a pawn shop at I SA6 White BearAvenue which carried unanimousty on a voice vote. #99-2Q8 YMCA - Special condition use permit for an institutional recreation center at 875 Arcade Street. Zoning variance for front yard setback, from 25 feet required to 8 feet proposed (on York Street), Nancy Frick, 266-6554. MOTION: Commissioner Gervais moved approval of the requested special condition use permit for a Zoning variance with conditions for a front yard setback from 25 jeet required to 8 feet proposed at an institutional recreation centet at 875 Arcade Street which carried unanimously on a voice vote. #99-226 Gail Geiseohoff/Mollv Toulouse - Modification of the river conidor standazds to allow for two additions to an existing structure within 40 feet of the bluff line at 2072 Highwood Avenue between Skyway and McKnight Road (Lucy Thompson, 266657$). • MOTION: Commissioner Gervais moved approval of the requested madification of the river corrido� standards with conditions to allow for two additions to an eristing structure within 40 feet of the bluff line at 20�2 Highwood Avenue which carried unanimously on a voice vote. • MINUTES OF THE ZONING COMMITTEE Thursday, September 2, 1999 - 3:30 P.M. City Council Chambers, 3rd Fioor City Hali and Court House 15 West Ke{fogg Boulevard • • PRESENT: EXCUSED: OTHERS PRESENT: Engh, Gervais, Gordon, Kramer, Nowlin Field, Faricy, MoRon Peter Wamer, City Attorney Lucy Thompson, Alfan Torstenson �l �l - �o �� Roger Bonfe, 99-185 - Rezoning from RT-2 to P1 to allow a parking lot in association with Bonfe Auto Repair. Originaify, rezoning from RT-2 to B-3 was approved and the public hearing was closed and a recommendation was sent to PC. Due to the fact that this was resubmitted to P1 another public hearing was he1d. The applicant, Roger Bonfe, was present but did not address the Zoning Committee. No one present to speak in favor or opposition to the proposed change. The pub(ic hearing was closed. Commissioner Kramer moved approva� of the recommendation for rezoning to P-1. Commissioner Engh seconded it. Commissioner Kramer stated that when the lot undergoes site plan review, some determination should be made regarding some ability to make sure that the lot is closed after hours with a gate or chain, to ensure the fot is not used after hours. Adopted Yeas 5 Drafted by: Nays - 0 Submitted by: Approved by: ' I _� 1� r �� I�� ti � L�� Laurie Kaplan Ailan Torstenson Litton Field Recording Secretary Backup Zoning Section Chair � NSt j3�1999 � • N�+inut?S °(5 -to�� • Commissioner Fietd informed commissionen that what is not included in the resolution is a motion that the application fee be waived. The case came before the Planning Commission several years ago and was approved at that time. The Zoning Code permits that if they haven't established the use, they can extend it for a period of one yeaz, which they did. At the end of that yeaz, they still had not established the use, and the Zoning Code makes no provision for an additional continuation. Since then, theu year ea�tension had elapsed and the applicant had to formally come back and reapply. Since all the staff work had been done at the time ofthe previous application, the Zoning Committee also recommended that the fee be waived. Tlze mntion on the floor carried unanimously on a voice vote. #99-180 Standbv Svstems Inc. - Modification of river comdor standards to allow for relocation and construction of 8 propane tanks on slopes greater than 12 percent and construction of rehabilitated slopes steeper than 18 percent at 966 Mississippi Rsver Boulevard between Ford Parkway and Magoffin (Jim Zdon, 266-6559). MOTION: Commissioner Fie1d moved approval of the requested modification of river corridor sta�:dards witic conditions, to allow for relacatrox and canstruction of 8 propane tanks on slopes greater than l2 percent and construction of rehabilitated slopes steeper than I S percent at 966 Mississippi River Boulevard between Ford Parkway and Magoff:n. Commissioner Field explained that one of the conditions is that the Ford Motor Company explore certain site improvements related to their facility on the west side of Mississippi River Road, which principally consists of a pazking lot and other associated properties that they � maintain. There was no obligation incurred by Ford. A]etter in front of you today from Ford agrees that they will research the items that the Zoning Committee discussed with them. Commissioner Nowlin commended the Ford Plant for picking up on what the Zoning Committee asked for and responding as they did in the letter. TJte motion on the floor carried unanimously on a voice vote #99-185 Roeer Bon ezoning from RT-2 to B-3 to allow a parking lot in association with onfe Auto Re a' b and 372 Smith Avenue between Grand and Forbes (3eff Miller, 266- MOTION: Commissioner Field moved to recommend approval of the requested rezoning fiom RT-2 to B-3 to allow a parking lot in associaiion with Bonfe Auto Repair at 366 and 372 Smith Avenue between Grand and Forbu. Commissioner Engh asked if this pazking lot will be leased to anyone else during of€hours. Commissioner Field rep]ied that it was his understanding that the pazking lot would be for the specific use of Bonfe's Auto Repair. Mr. Torstenson said that Mr. Bonfe testified at the Zoning Committee meeting that without this pazking lot, his business would have serious problems because it had no place for customer's cazs, etc. Commissioner I{ramer noted that his concem at the Zoning Committee was that one doesn't . need to rezone properiy to &3 in order to build a parking lot; you need only to rezone it to the pazking zoning classification P-i to have a parking lot. The rezoning to B-3 allows for many Kg - �o�� • more uses to occur there than a pazking lot, which may be entirely appropriate in that azea given the way the azea has grown. Because it is a rezoning, the Commission can't put a condition on it that would ensure that it would be used only as a pazking lot or that it cannot be leased out once it is zoned B-3. What is ]egal in B-3 will be legal on this lot. Commissioner Engh stated that she is concemed that once the Arena is done, the growth in that azea will explode. She realizes that Bonfe needs the pazking space. There will be a lot more activity at night in that neighborhood, and she is concemed that once this is allowed to become a pazking lot, there will be parking and activity allowed at all hours of the night. This lot is right next to a neighborhood, and activity at all hours of the night would be inappropriate there. She asked for advice regarding limiting the hours of business for this particulaz lot. Chair Morton asked Mr. Wamer if the hours for business could be limited. Mr. Warner answered that the Planning Commission could not limit the hours. It can merely make a recommendation to the City Council regarding the rezoning. By making a recommendation to rezone an area to a particular zoning classification, the Commission is saying that any use thaYs permitted in that zoning classification can go on that property. It may be that within the B-3 zouing classification there are uses tl�at are peimitted sub}ect to special condition. If such a use were to go on the properry, the applicant would have to come back before the Planning Commission, which would give the Commission an opportuniry to impose conditions like limitation on hours. Commissioner Engh asked if the appiicant wouSd need to come back for a special condition use • permit if he decided to lease parking spaces during off-hours for Bonfe Auto Repair. Mr. Torstenson replied that he would need to get approval of any shazed parking agreement. Commissioner Gordon asked if Mr. Bonfe wanted to use the lot after business hours for parking for the Arena, would he need to come back to the Planning Commission for a special condition use permit. Mr. Torstenson responded that he did not think Mr. Bonfe would need to apply for a shared parking permit if he decided to use the lot afrer business hours for Arena pazking. He noted that the shared use permit is required when there is a business that needs parking to meet expansion needs. Commissioner Engh stated that she would vote against the motion. Commissioner Nowlin commented to Commissioner Engh that the only way to oppose the pazking is simply to oppose the rezoning. Mr. Nowlin added that the Zoning Committee was persuaded by Mr. Bonfe's need for the parking space and the Commission's long term desire for something better than surface parking for tas purposes. Commissioner Kramer stated that if Mr. Bonfe just needs more pazking then there is no need to rezone it to B-3 simply to give him more parking. Since parking is needed, why would the Planning Commission recommend B-3 when, in that case, one could come in the next day and build a structure there that would eliminate the pazking. Commissioner Kramer added that he did not know what the difference is beriveen what the allowed uses aze in the P-I parking zone versus what the parking requirements are in a B-3 zone. He recalled cases in the past that when non-adjoining parcels have been rezoned to P-1, that the P-1 zoning had to provide some • relationship to the use that it was designed for. ��-io�� • Commissioner Gordon asked if anyone else who was at the Zoning Committee could shed some light onto why Mr. Bonfe was applying for a rezoning to R3 if he wants to use it only for parking. Commissioner Field responded that Mr. Bonfe stated that the zoning staff recommended the B-3 zoning. Commissioner Gordon asked Chair Morton if it would be appropriate to amend the Zoning Committee's recommendation from B-3 to P-l. Commissioner Field responded that changing the zoning classification would require a new application because of the need of signatures. Commissioner Nowlin asked if someone could explain t�e differences beriveen P-1 zoning and B-3 zoning in relation to control of pazking lot. Commissioner Gordon read from the summary sheet of permitted and conditiona] uses by zone: P-I: Off=street parking. B-3: Permits all OS-1 through B-2 uses which aze the previous categories. In addition, mortuaries, finishing shops, business sales and services, such as parce] delivery, manufacturin� of small precision goods, hotels and motels, printing and publishing firms, wholesaling without outside storage, hospitals, new and used caz sales outdoors, auto repair, fast food and drive-in restaurants, green houses, nurseries, car washes, and adult uses (some with SCUPs}. MOTION: Commissioner Faricy moved to send this case back to the Zoning Committee; • Coinmissioner Engh seconded tke motion. Commissioner Gordon asked if the Zoning Committee could change the recommendation from B-3 to P-1. Mr. Warner answered that it could not. If this case were remanded back to the Zoning Committee to consider a different classification, new notices would need to go out. As ]ong as that's within the 60-day time frame, that's a possibiliTy, Commissioner Gordon added that from the sense of what he is hearing this ought to be rezoned to P-1 rather than B-3; that is what the applicant is really asking for and �vhy open it up to some unknown future. He recommended that the Planning Commission deny it, let the City Council act on it, and let Mr. Bonfe re-apply if he needs to. Commissioner Engh w�ithdrew her second. She asked staff to explain why they recommended B-3 instead of P-1. Mr. Soderholm explained that the whole area around this business is zoned B-3. The block of this business is cleazly in transition; much of it has already been cleazed. It makes sense to Mr. Soderholm that this small lot should, in time, become part of a lazger redevelopment site where B-3 uses would be permitted. He does not think that B-3 is the wrong direction for this property to go. Commissioner Fazicy withdrew her motion. Commissioner Kramer stated that he still does not know whether surface pazking in P-1 needs to be related to an adjacent business or if can be just an open public parking lot. Mr. Totstenson responded to Commissioner Kramer's question about conditions for pazking lots under P-I. There are a list of required conditions under P-1. It states: � That the pazking facility shall be accessory to and for use in connection with one or more Gl� - �oy� • businesses........The parking facility shall not be used during hours when the principle use is not in operation......You can have shazed use of a parking facility in P-I, but then yoa must get a shared parking permit. Commissioner Gordon noted that Mr. Torstenson's information addresses Commissioner Engh's concems if iYs rezoned to P-1 and not B-3. He encouraged commissioners to deny the application for B-3 and let the process start again to have it rewned to P-1. AMENDED MOTTON: Commissioner %ramer moved to recommend denial of the reZOning to B-3 and afford the applicant the opportunity to reapply under the same permit fee for the P-1 zone nr go to the City Counci! and, if ihe applicant chooses to �eapply for the P-I, to eztend tl:e 60-day time limit for the necessary consideralion. Commissioner Field felt that which ever way it was done, the applicant should not need to pay another fee. Commissioner Field encouraged staff to, in the future, fill out a more detailed petition document, In this case, it would have been more informative to include that the applicant wanted to rezone property for the purpose of establishing a parking lot. He feels that the information that goes out on petitions for public signatures is not informative enough. Commissioner Engh asked if the Planning Commission had the authority to waive a fee. Mr. Warner answered that the position of the City Attorney's Office is that the Commission can waive or refund fees. � Commissioner Nowlin asked if it is necessary to include the fee waiver in the motion. Mr. Warner responded that he thinks iYs good to memorialize recommendations to staff. Com»rissia:er 1Vowlin seconded tlee motion on tlreJloor. Commissioner Field commented that he is troubled for Mr. Bonfe because this delay might make it impossible for him to begin this pazking lot until next spring. It also troubles him because he can understand some of Mr. Soderholm's observations about that block being in transition. He is concerned also by the staff recommendation; someone comes in to establish a parking lot and staff encourages him to apply for a B-3 use instead, which in this case, may cause Mr. Bonfe a serious delay. Commissioner Margulies stated that he is sympathetic to Commissioner Field's comments, and he wished he knew some creative way azound it. Although he agrees with the content of Commissioner Kramer's proposai as to what he would recommend Mr. Bonfe to do, he is troubled by including in a motion a suggestion that he do one thing or another. Commissioner Margulies would like to have the motion more tailored to say: if he elects to proceed with a P-1 application, the fee would be waived. Commissioner Kramer accepted that as a friendly amendment. He also thinks that taking this route affords Mr. Bonfe a better opportunity of getting the tot buitt this fall than if he proceeds through the process and it ends up being denied at City Council, and then he has to restart the entire process again. Commissioner Fotsch spoke to the motion. The issue is whether or not the Planning Commission thinks it's appropriate to allow all the different uses that are under a B-3 zoning • classification. He can see why Mr. Bonfe wou]d want a B�3; it opens up possibilities for all kinds of other development in the future. There has not been any real discussion on whether or �� -�o�� • not this shouId be opened up to all those developments; maybe it should be. Mr. Soderholm mentioned that this is an azea in vansition. Commissioner Fotsch feels that it is too premature to change it to a B-3 classification at this time. Commissioner Gordon commented after brief conversation with Mr. Wamer t]�at the fastest way to handle this may be to send it back to the Zoning Committee with d'ueetion to r�norice the hearing for P-I, along with the other recommendations like waiving the fee, rather than have it go to the Ciry Council. MO'PIOIV: Commissioner Gordon moved that case #99-I85 - Roger Bonfe be refened back to the Zoning Commiltee wiih instruMions to re-notice fo� a P-I rezoning classification and to waive the application jee; Commissioner Engh seconded the moiion. Mr. Soderholm noted that in order to r�notice, this case would come to the Zoning Committee on September 2, and the 60-day provision would need to be extended. Although Commissioner Margulies liked the result of the motion, he was uncomfortable with amending n�(r. Bonfe's application without his approval. He thought it ought to be Mr. Bonfe's decision, The motion on tlre floor carried on a voice vote (Dandrea, Field, Margulies). Commissioner Field read the agenda for the next Zoning Committee meeting, Thursday, August • 19, 1999; I) Pat Boemer, specia] conditian use permit for shazed pazking; 2) Alison Maule-Kronmiller, rezone from RM-2 to B2-C; 3) St. Paul Brass Foundry, rezone from RM 2 to I-l; 4) American Portable Telecom, speciai condition use permit; 5) Todd J. Bauer, special condition use permit; 6) St. Paul Port Authority's Citgo Shepazd Road, rezone from b3 to I-2; 7) Hamline-Midway Special Sign District; and 8) Meniam Pazk Special Sign District. V. GuestPresentation Dick Victor, Minneapolis Community Development Agency, Housing and Other Development Completed and Underway in Minneapolis Chair Morton welcomed Mr. V ictor to Saint Pau1. Mr. Victor talked about his 3] year tenure with the Minneapolis Community Development Agency and how things have changed over the years. During the days of federal urban renewal, we just got the demolition people moving to clear things out and we started again. Today, nothing goes ahead without planning and partnership, not only partnership in terms of funding, but also in terms of participation. The third "p" usuaily associated with the others today is pollution. Each commissioner was given a packet about the agency. Mr. Victor showed slides of some of the current development and redevelopment activities going on in Minneapolis. � Projects: aq - \o y� MINUTES OF THE ZONING COMMITTEE • Thursday, August 5, 1999 - 3:30 p.m. City Council Chambers, 3'" Floor City Hall and Court House 15 West Kellogg Boulevard PRESENT: � U � EXCUSED: OTHERS PRESENT: Engh, Field, Faricy, Gervais, Kramer, Morton, and Now{in Peter Warner, City Attomey Danette Moore, Ailan Torstenson, Jeff Miller of PED The meeting was chaired by Commissioner Fieid. Roger Bonfe - 99-185 - Rezoning from RT-2 to B-3 to allow a parking lot in association with Bonfe Auto Repair. Jeff Milfer showed slides and presented the statf report with a recommendation for approval of the rezoning. There was one letter of opposition. At the question of Commissioner Kramer, Mr. Mil{er stated this is an auto service not tfie body shop. Upon question of Commissioner Morton, Mr. M+iler stated the landscaping would have the same requirements in a B-3 or P-1. Roger Bonfe, the applicant appeared and stated he has owned the body shop for 48 years. The property proposed for rezoning was recently purchased for a parking lot. At the question of Commissionec Kramec, Mr. Bonfe stated the zoning staff recommended the B-3 zoning. The lot is going to be used for parking oniy. The public hearing was closed. Commissioner Morton moved to approve the rezoning of both parcels. Commissioner Faricy seconded it. Commissioner Kramer wouid prefer the property be rezoned to P-1. Mr. Wamer stated that another notice woutd have to be sent out to rezone the property P-1. Commissioner Nowlin said his concem is not about B-3, but that surface parking is not the best use there, especially as the asea develops. Commissioner Kramer stated he was concerned that the City Council did not want B-3 zoning in that area. Adopted Yeas - 6 Nays - 0 Drafted by: C';Q n,o-��12Q a� � Carol Martineau Recording Secretary Submitted by: Allan To ten o�� Zoning Section Litton Field Chair � ?�inyFil�'�99-185 � UTOMOTIVE 420 Gateway Boulevard EMBER Burnsville MN 55337-2559 �l� - � 0 �� ERVIGES �NG (612) 707-4430 • ' FAX (612) 707-4762 St. Paul Zoning Committee August 28, 1999 25 West Fourth Street 1400 City Hall Annex St. Paul, Iv�� 55102 Dear Committee Members: As a newly arrived neighborhood business (we recently purchased the operations of Grand and Smith Mobil) we would like to express our support for the rezoning petition presented by Roger Bonfe to change the zoning of366 and 372 Smith avenue from TR-2 to P-1. Despite our recent arrival in the neighborhood as property owners, we have worked with Mr. Bonfe for many years and know him to be committed to the long-term health of the neighborhood. We support his efforts in this rezoning request. Sincerely, � � ; � �, � � , � 7effrey gden Vice President Finance • °�`l -�o y � � ZONIPiG COMMITTEE STAFF REPORT FiLE # 99-185 • � 3. � APPLICANP: BONk'E, ROGER CLASSIFICATION: Rezoning DATE OF HEARING: 09/02/99 LOCATION: 366 and 372 SMITH AVENLTE NORTH between Grand Ave. and Forbes Ave. PLANNING DISTRICT: 9 5. LEGAL DESCRIPTION: Lot 11 Slock 2 Samuel Leeche's Addition To The Town Of Saint Paul; N Yz of Lot 10 Block 2 Samuel Leeche's Addition To The Town Of Saint Paul 6. PRESENT ZONING: RT-2 ZONING CODE REFERENCE: 64.4�0, 6Q.723 7. STAFF INVESTIGATION AND REPORT: DATE: 8/26/99 BY: Jeff Miller 8. DATE RECEIVED: 07/06/99 DEADLINE FOR ACTION: 11/3/99 A. PURPOSE: Request for rezoning of two adjacent pazcels from RT-2 to P-1, rather than the previously requested B-3, to allow for a parking lot in association with Bonfe's Auto Service business. B. PARCEL SIZE: Lot 11 is 8,874 squaze feet; N'/z of Lot 10 is 4,524 square feet; Combined size of two lots is 13,398 squaze feet. (The applicant is also applying to Ramsey County to legally combine these two pazcels into one lot.) C. EXISTING LAND USE: Both pazcels aze currently vacant and heing used for pazking. � SURROTINDING LAND USE: North: Existing parking lot, for employees of a commercial business across the alley, in a B-3 district. East: Existing commercial building, auto repair services, in a B-3 district. South: Existing residential structures, single-family and duplex, in an RT-2 district. West: Existing residential structures, multi-family and duplex, in an RT-2 district. E. ZOr'ING CODE CITATION: Section 64.400(a) states in part that "the council may, �'- from time to time, amend, supplement or change the district boundaries or the regulations �l`l -to �+� • Zoning File #99-185 Page Two herein, or subsequenfly established herein pursuant to the provisions of Minnesota Statutes Section 462.357 and amendments thereto as may be made from tune to time. The planning commission may, from time to time, review district boundary lines to detemune if, pursuant to state laws, such district boundary lines should be changed." F. ffiSTORY/DISCUSSION: Applicant originally petitiened for rezoning these two pazcels to B-3, with the public hearing held on August 5t 1999. Pianning staff and the Zoning Committee recommended approval at that time. The Planning Commission withheld action and recommended that the request be changed to a P-1 rezoning with a second public heazing to be held on September 2nd, 1999. G. DISTRTCT COiTNCIL RECOMMENDATION: The W. 7�"/Fort Road Federation has no comment on the proposed rezoning. H. RINDINGS: 1. Roger Bonfe, owner and president of Bonfe's Auto Service and Body Repair, is the • owner of the two adjacent vacant pazcels on Smith Avenue North. Mr. Bonfe also owns the commercial property directly across the alley at 337 West Seventh Street for use as Bonfe's Auto Service. Mr. Bonfe intends to improve the two parcels on Smith Avenue North to provide off-street pazking for customers and employees of his adjacent commercial business and has submitted a site plan for the proposed pazking lot. 2. The applicant originally submitted a sufficient petitian of two-thirds of the property o�vners within one hundred (100) feet of the properry stating support for the rezoning of RT-2 to B-3 (21 parcels eligibie, 14 required, and 14 signed). The Planning Commission determined that a new petition for rezoning to P-1, rather than B-3, is not required because it is a more restrictive zoning district. 3. Section 60.720 defines the P-1 Vehiculaz Pazking District, which permits "the establishment of off-street parking facilities to be used solely for off-street pazking of private passenger vehicles as a use incidental to a principal use. T'he district will serve as a use district which has developed without adequate off-street pazking." 4. Section 60.723 identifies six (6) required conditions for P-1 uses: a. The parking facility shall be accessory to and for use in connection with one or more businesses, industries, institutions, or multifamily residences. This condition will be met. The pazking facility will be an accessory off-street pazking lot in connection with Bonfe's Auto Service, a commercial business directly across the ` alley from the proposed parking facility. •' �t`t - �o��l � Zoning File �99-185 Page Three b. The parking facility shall not be used dnring hours when the principal use is not in operation. During such periods the parking facility sha(1 be inaccessible for public use. This condition will be met. The applicant does not intend to allow access to the pazking facitity outside of the hours of operation. There will be cazs pazked in the parking facility ovemight that have not been compietely serviced or aze scheduled for service the following day. c. The parl:ing facility shall be used solely for parking of private passenger vehicles and shall not be used as an off-street loading area. This condition will be met. The appiicant intends to use the parking facility solely for parking for customers and employees of his adjacent commercial business and does not intend to use it as an off-street loading azea. d. ho commercial repair work or service of any kind, or sale or display thereof, shall be conducted in such parking facility. This condition will be met. The applicant does not intend to use the pazking facility for commercial repair work or service of any kind or sale or display. � e. l�o signs of any kind, other than signs designating entrances, exits and conditions of use, shall be maintained on such parking facility. This condition will be met. f. No buitding other than that for the shelter of attendants shall be erected upon the premises unless specifically approved by the planning administrator during site plan review. This condition will be met. The applicant does not intend to construct any buildings on the parking facility land. 5. The use of these two parcels for off-street pazking to serve an adjacent neighborhood commercial business is consistent with the changing chatacter of this specific block, �vhich is surrounded by arterial streets, and this azea in general. Smith Avenue and Grand Avenue are Class B Minor Arteriais and West Seventh Street is a Class A Minor Arterial, according to the Saint Paul Transportation Policy Plan (a chapter of the Gomprehensive Plan}, as well as County, Metropolitan and State transportation pian classifications. With the opening of I-35E, Grand Avenue access to I-35E just a couple blocks away to the north, and the reconstruction of ihe High Bridge on Smith just a couple blocks to the south, this section of Smith Avenue has become an increasingiy high tra�c connector street. Major commercial redevelopment has occurred in this azea, both on Grand • Avenue and West Seventh Street. Two-thirds of this biock is already zoned for commercial uses. Smith Avenue serves as a boundary betw�een the more commercial area to the east, north and south, and the more residential area to the west. The surrounding �1�1-i�y� • Zoning File #99-18� Page Four commercial redevelopment and high traffic volumes on Smith Street create a difficult environment for attracting residential uses to these two lots. 6. Use of this land for off-street pazking to serve an adjacent neighborhood commercial business is consistent with the District 9 Plan. Adopted in 1980, the District 9 Plan indicates this block as an azea of transition with a mix of residential and commercial uses. The plan recommends that commercial should be encouraaed along West Seventh Street, with protection of residential azeas from encroachment by incompatible commercial or industrial uses and the use of appropriate buffers. The plan also recotnmends that parking spaces be located behind buildings, but landscaped from adjacent residential areas. This proposed parking lot would support a strong and expanding commercial business on West Seventh Street. The proposed pazking lot is located behind the commercaal business on West Seventh Street, although on separate lots. As long as this parking lot is well- desiLned and buffered from surrounding residential uses and Smith Avenue, it would not be considered an incompatible commercial use. 7. Use of this land for off-street pazking to serve an adjacent neighborhood commercial business is consistent with the City's Land Use Plan, which identifies the West Seventh • Street Corridor as one of the five primary corridors for grow[h in the future. These two parcels are not part of any of the numerous housing development site opportunities identified in the Plan. These two pazcels also aze not part of any of the numerous neighborhood pedestrian commercial districts identified in the Plan. This azea is not targeted for planned redevelopment and should be zoned to fit the character of ongoing development in the azea. . g. The City's Transportation Policy Plan also addresses the need for considering parking lots as part of a neighborhood's physical fabric, giving attention to a neighborhood's character and creating community connections. Policy 39 states "The City should require parking lots to have a strong landscaped edge along the sueet, and encourage landscaping within parking lots. The City should find ways to encourage or require improvement of existing parking lots, as well as newly constructed lots. Landscaping should be aesthetically pleasing and provide a sense of gublic safety." Because this proposed pazking lot is adjacent to and facing residential properties across the street, it is especially important that it enhance the neighborhood's chazacter utilizing landscaping and screening. 9. The rezoning will not have an adverse impact on adjacent residential properties if appropriate landscaping and screening aze installed on the south and west sides of the property to shieid the parking uses. • I. STAFF RECOMMENDATION: Based on the above findings, staff recomtnends approval of ihe rezoning of both parcels from RT-2 to P-i. �L�l -�o y`�l �.,,R :..o. � I� �A�AA PETtTt011 TO AMEND THE Z011iNG CODE Depariment of Planning nnd Economic Development Zoning Seclion II00 City Hall AnnPx 25 West Fourth Srreet Saint Pau1, MN 55102 266-6589 APPLICANT ��Property Own � St�ip �� Daytime phone� Contact person (if different) PROPERTY Address/Location 3�0�o C�-/'t� � �02 LOCATlON Legal descriptionsu �n u<� �'� r c-� P� �� 7Z /�l�� / a �6 � (( / (attach additional sheet if necessary) �/ z _ 0 {�t,�,,T s_rP. Z��Q I'Q�LrI/ _ ��, �� Z TO THE HONORABLE MAYOR AND CfTY COUNCfL: Pursuant to Section 64.`�Q of the Saint P ul Zoning Ordinance and to 5ec!ion 462.357(5) ofi Minnesota Statues, ISDG�' �� , the owner of sll thz land proposed for rezonin , hzreby petition you io rezone the above described property trom a _�� a zoning district to a�- 3 zoning district, for the purpose of: � Vf � � O� � � �P �i � �� i d P c►� ��,33� (attach additional sheet(sJ if necessar�y) / 70 .-, Attachments: Required site pian L� Consent petition � Affidavit D �� Subscribed and swom to /� before me this � Y � day Sharon �• p�erson gyC{3C i .� N6iMY PUBIIC • MIINNESOTA Gc' '.�� MY COMMISSION IXPIRES Fee nar of p:�perty 4 f �� 9 �' 1ANUAAY 35. 26G0 /� • Title: (yl��f :�� " � Page i of Notary Public , MICHEIE S. OTZEHBfRGEr� � A N0T0.RY PUBLIC • YINNESOTA �Aac i��4� �•.,� � Ry Comm. @D��os Jan. 11. 3000 • CITY OF SAINT PAUL �i�fl�}O��— Qq-�� T�Tf o� CONSENT OF ADJOINING PROPERTY O�V�IERS FOR A REZOl\TING R'e, the undzrsi�ned, o«�ners ofthe propert}• �vithin 100 feet oEthe totat eontiguous description of real estate owned, purchased, or sold by THE PETITIONER «•ithin one year precedin� tne date of this petition ackno�vledge that �ce have been presented ��ith the follotivin�: ]. A copy oEthz pztition of i O �1' UI 1/� x (name of petitioner) t a '/ ��nGC 3�a Sm i�h to rezone tne properry ocate at -� .�� - from a�ZOning district to a U zonin� district. �� 2. A copy of sections throu�h , inclusive of the Saint PauV Zonin� Code; and ackno�vled�e that «e are aware of all of the uses permitted in a�_ zoni�° district and we arz aware that any of these uses can bz established upon City Councit approvzl of tnz rezonin�. ��'e hereby consent to the rezonin� of Ihe properry in the petition of; �D G} i �DY? �� to a� � zoning district. (�;am: of pztitioner) �Ve consent to the nppro�•al of this rezoning as it �ti'as explained to us by fhe npplicant or his/her representative. DR SS )R P.l �. � �� 8 a. l�fln S/ a. O G G.ra. ac ��" l�a-� l /`Z j,o2 hae � � PGt-v � �h � 3 6 z SM,7x /t� �t t�ti�l h'n ri 3«��,rfw f p�,�! Kh s"! � ��-��h s't- S f c �-�! fta� � oo Graa f� Tr y f tra�t �n��rson pavl ; 11 )1 � J � 11 � t 1 ) �� / ., -� j�a� 1 Pt� 5`I' o l'rra f� �r � ti� /Y , / � ��n ��{ 1 1 )) 1f �, V �lY I� �� ' . ;. % ��1 _✓i � � � �/!� �� ! -�-� � � �� -�Z -Z• 9 . - - y' r --� — / _ z - �� -Z- q _ _�� =lS i-e-q9 • 1'avt 1 tn 7 �cy Ya.. ..�,,, ..-, .. �/�-,�- � pQ r�� —�� `�� nOTE: This petition shall not be considered as officially f Ie3 iut il the laps� of seven (7) workin� days after it is recei��zd by the Planning Division. Any signator of this pztitio^ t*iay �vithdra�v his�h°r name therzfrom b}• «ritten requzst within that time. DI�I ��I�A� �t�T] Ot� CITY OF SAINT PAUL � CO�SENT OF ADJOII�IING PROPERTY ONIrTERS FOR A REZONING > S/'Y"11�� \Ve, the u�dersigned, o�vnecs of the groQerc}• tvithin I00 feet of the total contiguous description of real estate o«�ned, purchased, or sold by TFIE PETITIO�tER «•ithin one year precedin� the date of this petition ackno��'ledge that titi•e have been presented «•ith the following: a I. A copy of the peti[ion of to rezone the property located zt of from a,� zoning district to a� �zoning district. 2 A copy of sections throuoh , inclusive of the Saint Paul Zonin� Code; and ackno�s'Izdge that ��e zre 2ware oFall o( the uses permitted in a�'� zoning district and we are aware that any of these uses can bz established upon Ciry Council approval of the rzzonin�. \Ve hereby consent to the rezonin� of the propzrt}� in thc petition of; . �Oq �/' �Oh �� to a �- .� zoning district. `' (�ame of pztitiones) ��Ve consent to the approval of this rezoning as it �ti•as explained to us by the �pplicant or tiis/her representative. F3 j7 �.V S r� i; H ,c t,t Jvn. I�v.x s� � oIz8 E/1�r JY.�� ;�t Co� o! ZYZ3`�'� Ooo 6 CiT'� c F S�. �i9srL, S bs J h+t. s-l- R �� l� �?7 ��m �f Wi//�A.InT/Jvan/9ah s- l'laureeh � p�Nn�� 'weh� I oJa � �c`t-��°t O�• o�- 99 � ~��'�� R� f�� 7'` � / ♦� ; Z 9- �9 0 r07E: This petition shail not be considered as officially filed until the lapse of seven (7j working days after it is received by the Planning Division. Any signator of this petition may ��+ithdraw his�her name therefrom br• «titten rec�uest �vithin thlt time. • � r1 �J �I�I� �� • �� ` �. . ��,�: �, .,,. m ,� T. ° � I /�� \ G ) ♦ - I 1 i � 2 W � � � N �; '� ('-� � a �, o ° � t '4 _ � __ •'� � O T ; � f V �3 . IV � � j�. � � f� � � � ^ � ^ W �) � � n � ��_� =i S � � � � � t < � � y � : i ,� �I � � p� N M 1� �- � �. F � � . c � \ � ti ^ti' —1 . t � 2 ^ � �� = � u �G:�e � �m � I � . : � _ � ; s� ' T , _ / e o • L; � . � � j � _� � G �� E � <.�"' c�— L �� l�` �� ' �\ n � . �� /�` �� ' > .a- m rt � n �� x s 0 h T (1 n>� 4 i a' / ��v � �� I �Y} (R �,,, x � T g � � ? � � � S � T t� � � � - °�� ni �n �` �� N � � . �-� �� ° � �� - �` � _ r �� 1� 0 . �� ? r . � a fi � � � � � N r �fi -� a�- . ' N u qq -1o�+q 10 � ."' � , ; �.� 6 � + .I ,a.„� e � I ��a�I..W. N i 4 `I = � 7' F � j T c f ' I � ��a... �~ cl i .� s . S SP i ♦ 14 <.,,,�. . 9 r� .� �I__ :�.=I ., --�:? F� ' ` A . 3 ;1 °-� �r�. �� a 2 Fi F S ; � r1 LJ .; , , ; � � �, . « �� ,- CI1"IZEN PARTICIPATION PIANNfNG bISTRICTS 1. SUNRAY-BATTLECR.EEK-HIGHWOOD 2. HAZEL PARIi HADEI�'-PROSPERITY HILLCREST 3. tiVEST SIDE 4. DAYTOI�"S BLUFF 5. PAYNE-PHALEN 6. 210RTH END 7. THOMAS-DALE 8. SUMMIT-UNIVERSITY (9 � WEST SEVENI�i � COMO 11. HAMLINE-MIDWAY 12. ST. ANTHO\TY PARK 13. MERRIAM PARK•LEXIIQGTON HAhSLINE-S?�'ELLING H.4MLINE 14. MACAT..ESTER GROVEL.P��TU 15. HIGHLAND 16. SUMMIT HILL 17. DOWI�TOWN Q `t - l�'-� `( � . .. � DISTRICT 9 ON .-��-�-._. ^.� . �, -� �� F��'4-/P�s- � i . � , � � � >� v ` � ..s v e P,� ;�� : : � ��: �� - `:Y..rj"Y.� i .V � a _ ' . , .4�ti� ��: ��_- . . � �' ,��^� .. " Q .:' "��'' a: :;J: �, >:: ; �: ��s�. 0; p::� -�_ ''` � �� ° !=� - ;� = q ' _ ' �o �kq PP�ICAt1S '�'"` �v `�'" G' LEGEND URPOSE � ,", J�"'`�s. /� � Z�� `�' Zoning disirict boundary �• DATE � subject property n� onh"- 'LNG. DIST� MAP r o one tamily •�^ commerciz: �� r .,� � twotamily � ..,. industriat �� J ..� j�-�Q mu�tipie family V vacant � _ ORIGINAL Presented By Referred To sss� �� a�a Council File # l� , �O�-l9 Ordinance # CULLLLR1Ll.CC: LdI.E` 2 10 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 An ordinance amending Chapter 60 of the Saint Paul Legislative Code pertaining to zoning for the City of Saint Paul and the zoning maps thereof: WHEREAS, Pursuant to Minnesota Statutes §462357 and §64.400 of the Legislative Code, ROGER BONFE duly peritioned to rezone 366 and 372 SMITH AVENUE NORTH, being legally described as the N'h of Lot 10 and Lot 11 Block 2 Samuel Leeche's Addition to the Town of Saint Paul, from RT-2 to B-3 to allow an off-street pazking lot in association with the adjacent commercial use at 337 W. 7`" Street (Bonfe's Auto Service), the petition having been certified by the Zoning Section on July 9, 1999 as hauing been consented to by at least 67 percent of the owners of the area to be rezoned, and further having been consented to by at least two-thirds of the owners of the property situated within 100 feet of the total contiguous property within one year preceding the date of the petition; and WHEREAS, the Zoning Committee of the Planning Commission held a public hearing on August 5, 1999, for the purpose of considering the rezoning petition, and pursuant to § 107.03 of the Administrative Code, submitted its recommendation to the Planning Commission that the petition be granted; and WHEREAS, the Planning Commission considered the rezoning petition at its meeting held on August 13, 1999, determined that the properties are more appropriately rezoned P-1, and sent the case back to the Zoning Committee to conduct a second public hearing; and WHEREAS, the Zoning Committee of the Planning Commission held a second public heazing on September 2, 1999, for the purpose of considering rezoning from RT-2 to P-1, and pursuant to § 107.03 of the Administrative Code, submitted its recommendation to the Planning Commission that the rezoning be granted; and WHEREAS, the Planning Commission considered the rezoning to P-1 at its meeting held on September 10, 1999, and recommended that the City Council approve the rezoning; and WHEREAS, notice of pubiic hearing before the City Council on said rezoning was duly published in the official newspaper of the City on September 16, 1999, and notices were duly mailed to each owner of affected property and property situated wholly or partly within 350 feet or the property sought to be rezoned; and WHEREAS, a public hearing before the City Council having been conducted on October 6, 1999, at which all 3nterested parties were given an opporiwuty to be heard, the Council having considered all the facts and recommendations concerning the petition; now, therefore THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: 39 40 41 42 43 44 45 46 47 Section 1. °19 - l�l{0. That the zoning map of the City of Saint Paul, Sheet Number 28, as incorporated by reference in §60301 of the Saint Paul Legislative Code, as amended, is hereby further amended as follows: That the properties at 366 and 372 Smith Avenue North, being more particularly described as: the N 1 /z of Lot 10 and Lot 11 Block 2 Samuel Leeche's Addition to the Town of Saint 48 be and aze hereby rezoned from RT-2 to P-1. 49 50 51 Section 2. 52 This ordinance sha11 take effect and be in force thirty (30) days from and after its passage, approval and 53 publication. �Il�f tctJ�f� ORIGlNAL Requested by Department of: �._.. ; i ;��:, Plannina & Economic Development BY� � ,�.7� � � sy: � Approved by May r� Date �e �`q�, By: V Form Approved by Ci ttorney � By' Approved by Mayor r Submission to Council By: Adoption Certified by Council Secretary � � TOTAL # OF SIGNATURE PAGES �.: ;_-r��.--„�:, � q�f - to�� No��i��J � �,.� — - e a.,�,,,,� �° �`� t� Q �� ❑..�„�.,.,�� ❑..�.,.�.o Ow�� ❑ (CLIP ALL LOCATIONS FOR SIGNATUR� ktr_ �1��1 If' 1'h13 0✓I�I Wj�l ��yYl�'rM/IrtA(�a2. � fhi � 1o �1 fi�A uw� u� H� B6Mft's �� PLANNING COMMISSION CIB COMMITTEE CNIL SERVICE COMMISSION /f1�C. M�. Hes thic P� everwo�ked under a contrad forfhis depar6r�enC! vES rio Hm dire peroaJfiim ever been a cdy empbyee9 res rio oces tlxs perswYfirm D�seas a c�all not � M am �� Y �PbY�? YE3 NO Ia tlus pnsorJfirm a tarpeted oe,MOi? YES NO VG�� ISSU�NNITY (Who. Wh�. When, Wheie. NTy �& r �� h} s �� • ---._ .. .. -- � r� v��v�r.,,ti AG s,�p� Ri�n'fe's If ufi kr�;�e. 3e��°� �� IF APPROVED �,ent• hai M� AMOUNT OF TRANSACTION CO3T/REVElIUE BUD6ETm (CIRCLH ONE) ACTIVITY NIAABER GREEN . S 1'► P�1 ��. .� YES NO �67�s�i§e=8 fi'-��dEwG_'yi; +�„�tv�';x;y+ DEPARI'MENT OF PLANNING & ECONOMIC DEVELOPMENT Brime Sweeney, Director CTI'Y OF SAINT PAUL Norm Coleman, Mayor 25 West Fan'[J� Sbeet Saint Paub MN 55702 lt Telephone: 651-266-6700 Facsimile: 657-228-3120 �� 't�� September 10, 1999 Ms. Nancy Anderson City Council Reseazch Office Room 310 City Hall Saint Paul, MN 55102 Dear Ms. Anderson: C,Cl1RG!? ��s� � �°::C�1' SEP � � �9�9 I would like to confirm that a public hearing before the City Council is scheduled for Wednesday, October 6, 1999 for the following zoning case: Applicant: ROGER BONFB File Number : #99-185 Purpose: Rezoning from RT-2 (townhouse residenrial) to P-1 (parking) to allow a parking lot in association with Bonfe Auto Repair Address: 366 and 372 Sxnith Avenue (between Grand and Forbes) Legal Descriprion of Property: Lot 11 Block 2 and N'/z of Lot 10 Block 2 Samuel Leeche's Addition to the Town of Saint Paul Previous Action: Planning Commission Recommendation: Approval, vote: unanunous, September 10, 1999 Zoning Committee Recommendation: Approval, vote: unanimous, September 2, 1999 My understanding is that this public hearing request will appear on the agenda for the September 22, 1999 City Council meeting; and that you will publish notice of the hearing in the Saint Paul Legal Ledger. Please call me at 266-6578 if you have any questions. Sincerely, � �• "' Lucy Thompson City Planner cc: File#49-185 Paul DuBruiel Carol Martineau Wendy Lane t �� xarica o��varac �G '_ 1Yie Ssint �aeiF LYty Councll wllt condnct a gublic heaiing on Wednesday.�bctotier 6. 1999; at,5:30 p.m. in the City Couacil Clxamtiers, 'fhird Floor, CiCy Hall- Cotu'thoase, to consider the applicatioa of Roger Bonfe to rezone property from RT-2 (ttiwnhouse residenfial) to P-1 [parku� to alloa+aparlflnglot in associaUonwt'th Bonfe Auto Repair, 366 and 372 Smith Avenue (L�eiween Grand and Forbesl _ Dated: September 14,�1999 - . NANCYA�IDERSON � -. . AssistantGYtyCwencilSeetetaiy'; _ � � . .. ,. - (�, is} _ _ a—s S1t YADL f.BGAL LBD66R ==m== DEPARTMEN7 OF PLANNING & ECONOMIC DEVELOPMENT Brian Sweeney, Direclor CTTY OF SAII�IT PAUL tiorm Cotemax. Ivlayor �lq -1o�{�j � LJ u September 22, 1999 Ms. Nancy Anderson City Council Reseazch Office Room 310 City Hall Saint Paul, MN 55102 RE: Zoning File #99-185 City Council Heazing: ROGER BONFE October 6, 1999, 5:30 pm. City Council Chambers PURPOSE: To consider rezoning properiy at 366 and 372 Smith Avenue North (between Grand and Forbes avenues) from RT-2 (Townhouse Residential) to P-1 (Parking) to allow for a pazking lot in association with Bonfe's Auto Service business. PLANNING COMMISSION RECOMMENDATION: ZONING COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: SUPPOAT: No one spoke. One letter was received. OPPOSITION: No one spoke. Deu Ms. Anderson: ?S West Fourth Street Telephone� 657-266-6700 SamtPaul,MA"55102 Facsimile.657-228-3220 APPROVAL, vote: unanimous September 10, 1999 APPROVAL, vote: unanimous September 2, 1999 APPROVAL ROGER BONFE originally submitted a petition to rezone property at 366 and 372 Smith Avenue from RT-2 to B-3. The Zoning Committee of the Plauning Commission held a public hearing on the proposed rezoning on August 5, 1999. Tiie applicant addressed the Committee. At the close of the public hearing, the Committee voted 6-0 to rezone the properties to B-3. On August 13, 1999, the Planning Commission determined that the properties aze more appropriately zoned P-1, and sent the case back to the Zoning Committee for a second public hearing. The Zoning Committee held the second hearing on September 2, 1949. At the close of the hearing, the Committee voted 5-0 to rezone the properties to P-1. The Planning Commission upheld the Zoning Committee's recommendation for approval on a unanimous vote on September 10, 1999. cCq _ �o`-�R � Ms. Nancy Anderson September 22, 1999 Page Two This proposed rezoning is scheduled to be heazd by the City Council on October 6, 1999. Please notify me if any member of the City Council wishes to have slides of the site presented at the public hearing. Sincerely, ��I �'�•"'�P�k Lucy Thompson City Planner Attachments • • � city of saint paul planning commission resolution f Ie number 49-58 �ate September 10, 1999 ot q.- �o�� WHEREAS, Roger Bonfe, file �99-185, has petitioned to rezone two adjacent lots at 366 and 372 Smith Avenue I�Iorth between Grand Avenue and Forbes Avenue from RT-2 to B-3 for the purpose of allowin� an off-street parking lot in association �vith the adjacent commercial use at 337 �Vest Seventh Street, legally described as Lot I1 Block 2 Samuel Leeche's Addition To The To�vn Of Saint Paul and N 1/2 of Lot 10 Block 2 Samuel Leeche's Addition To The To�vn Of Saint Paul; and �VHEREAS, the Zonin� Committee of the Planning Commission held a public hearing on Au�ust Sth, 1999, at �vhich all persons present were given an opportuniry to be heard pursuant to said application in accordance with the requirements of 3ection 64.400 of the Saint Paul Le�isiative Code; and r1 �J WHEREAS, the Saint Paul Plaiming Commission, based on thz evidence presented to its Zoning Committze at the public heazin�, as substantially reflected in the minutes, made the foilo�ving findin�s of fact: Ro�er Bonfe, o��ner and president of Bonfe's Auto Service and Body Repair, is the o��ner of the two adjacent vacant parcels on Smith Avenue North. Mr. Bonfe also owns the commercill property directly across the alley at 337 West Seventh Street for use as Bonfe's Auto Service. Mc Bonfe intends to improve the two parcels on Smith Avemie IvTorth to provide off-street parkin� for customers and employees of his adjacent commercial business and has submittzd a site plan for the proposed parking 1ot. The applicant submitted a sufficient petition of two-thirds of the property owners �vithin one hundred (100) feet of the property stating support for the rezonin� (21 parcels elioible, 14 required, and 14 signed). � moved by_ seconded by Gervais an favor Unanimous against � a q � lo�l°l • 3. Section 62.10�(3) of the Zoning Code germits off-street parkin� for nonresidential use within the same or a less restrictive zonin� district as the principal use and �cithin three hundred (300} feet of the buitding it is intended to serve, measured from the neazest point of the buildin� to the neazest point of the off-street parking lot. Rezoning of these t�ro pazcels from RT-2 to B-3 �vill place them within the same zonin� district as the principal commercial use at 337 West Seventh Street that the parkin� is intended to serve, which is dizectly across the alley. The rivo parcels are also �vithin thtez hundred (300) feet of this conunercial building. 4. Section 62.103(6) of the Zonin� Code proh:bits the stora�e of inerchandise or trucks, the repair of vehicles, or the business of sellinR merchandise in off-street parking areas in a B� zoning districi. The 2pplicant does not intend to use the off-street parkin� area for the stora�e or repair of vehicles. g. The commercial use of these two parcels is consistent ��ith the changing chazacter of this specific block, which is surrounded by arterial streets, and this area in general. Smith Aveime and Grand Avenue are Ciass B Minor Arterials and �Vest Seventh Street is a Class A Minor Arterial, accordin� to the Saint Paul Transportation Policy Plan (a chapter of the Comprehensive Pian), as well as Count}�, Metropolitan and State transportation plan classifications. �Uith the opening of I-35E, Grand Avenue access to I-3�E just a couple blocks away to the north, and the reconstruction of the Hieh Brid�e on Smith just a couple blocks to � the south, this section of Smith Avenue has become an increasingly hi�h traffic connector street. Major commercial rede�elopment has occurrzd in this area, both on Grand Avenue and �Vest Seventh Street. Two-thirds of this block is aiready zoned for commercial uses. Smith A�•enue serves as a boundary bet�veen the inore commercial area to the east, north and south, and the more residential area to the west. The surrounding commercial redevelopment and high traffic volumes on Smith Street create a difficult environment for attractine residential uses to these t�vo lots. 6. Commercial use of this land for off-street parking is consistent with the District 9 Plan. Adopted in 1980, the District 9 Plan indicates this block as an area of transition with a mix of residential and commercial uses. The plan recommends that commercial should be encoura,ed alon� West Seventh Street, with protection of residential areas from encroachment by incompa[ibie commercial or industrial uses and the use of appropriate buffers. The plan also recommends that parkin? spaces be located behind buildings, but landscaped from ad}acent residential areas. This proposed parking lot.�ould support a stron� and expandin� commercial business on �Vest Se��enth Street. The proposed parkin� lot is located behind the commercial business on �Ves. Seventh Street, althou�h on separate lots. r�s long as this parkin� lot is ��ell-dzsigned and buffered from surrounding rzsidenti� 1 uses and Smith Ave�iue, it uould not be considered an incompatibie � conunercial use. ��t - to�� • 7. Commercial use of this land is consistent with the City's Land Use Plan, which identifies the West Seventh Street Corridor as one of the five primary corridors for growth in the future. These two parcels aze not part of any of the numerous housing development site opportunities identified in the Plan. These two pazcels also aze not part of any of the nutnerous neighborhood pedestrian commercial districts identified in the Plan. This azea is not targeted far planned redevelopment and should be zoned to fit the chazacter of ongoin� development in the azea. The City's Transportation Policy Plan also addresses the need for considering parkin� lots as part of a neighborhood's physical fabric, giving attention to a neighborhood's chazacter and creating community connections. Policy 39 states "The City should require parking lots to have a stron� landscaped edge along the street, and encourage landscaping within parking lots. The City should find ways to encourage or require improvement of existing parkin� lots, as well as newly constructed lots. Landscaping should be aesthetically pleasing and provide a sense of public safety." Because this proposed parkin� lot is adjacent to and facing residential properties across the street, it is especialiy important that it enhance the neighborhood's character utilizing landscaping and screening. 9, The rezoning will not have an adverse impact on adjacent residential properties if • appropriate landscaping and screening are installed on the south and west sides of the property to shield the commercial uses. I�IOW, THEREFORE, BE IT RESOLVED, by the Saint Paul Planning Commission, that the petition of Roger Bonfe to rezone the rivo adjacent properties at 366 and 372 Smith Avenue North beriveen Grand Avenue and Forbes Avenue from an RT-2 zoning classification to a B-3 zoning classification to allow an off-street parkin� lot in association with the adjacent commercial use at 337 �Vest 3eventh Street is consistent with the Saint Paul Comprehensive Plan; and BB IT FURTHER RESOLVED, that the Saint Paul Plannin� Commission does hereby recommend to the Council of the City of Saint Paul that the two adjacent properties at 366 and 372 Smith Avenue North be rezoned from RT-2 to B-3 in accordance with the petition for rezoning on file with the Saint Pau] Plannin� and Economic Development Division. • Sep�eW�rer' ip,19�19 r �i. d1ni+lMi'2S �� - ��`� • responded that the applicant reported he has 32 parking spaces. Some spaces are used 6y his employees and some aze used by the apartment dwellers. In the meetings with the Deparhnent of License, Inspections and Environmental Protection, they determined that he needed these additional 62 spaces, given the expansion onto the second floor. Commissioner I{ramer recommended a minor change on the conditions attached to the resolution. He pointed out that one of the conditions that the Zoning Committee attached is that the appiicant needs to provide an orrsite attendant between the hours of 8 p.m. and 2 a.m. It occurred to him that lot might actually close before 2 a.m. Perhaps the condition should add that there does not need to be an attendant if the lot is closed during that time. MOTION FOR AMENDMENT: Commissioner %ramer moved to amend condition #2 to say that ihe applicant must provide an on-site attendant during the hours between 8 p.m. and 2 a.m. unless co�doned off befo�e that time; Commissioner Engh seconded the motion whzch carried on a voice vote, wUh Com»tissione�s Margulies and NowGn abstaining. Commissioner Kramer, refening to condition #3, noted that it states the Exchange Street entrance/exit will be cordoned off after 2 a.m. on all nights, but asked when it would open. Ms. Homans replied that it is her expectation that it will open when United Hospital's lease begins in the moming or whenever the arm is enabled. Commissioner Fotsch asked if these conditions were present at the time the objections from the neighborhood were received. Ms. Homans answered that these conditions were developed in � consultation with the neighborhood residents and the applicant after the first stages of the public hearing when the objections were raised. The amended motion on the floor to approve the requested special condition use permit for shared parking at the Sandco parking lot on the west corner of Chestnut and Exchange for Patrick McGovern's pub and restaurant at 225 West 7th Street carried on a voice vote (Margulies and Nowlin abstaining). #99-185 Roeer Bonfe - ezoning from RT-2 to P-1 to allow a parking lot in association with onfe Auto Re ' 6 and 372 Smith Avenue between Grand and Forbes (Lucy Thompson, 266-6 MOTION: Commissioner Gervais moved approval of the request to rezone the property at 366 and 372 Smith Avenue between Grand and Forbes from RT-2 to P-1 to atlow a parking lot in assaciation with Bonfe Auto Repair. Mr. Gervais explained that this case had been a]ayover. The original application submitted was from RT-2 to B-3. Following discussion at the last Planning Commission meeting, an application was resubmitted from RT-2 to P-1. A question about a sign issue came up after Zoning Committee. Ms. Thompson explained that Mr. Bonfe asked if a condition noted in the staff report in order to establish a parking lot in P-1 meant that he could not move a sign that is at Smith Avenue and McBoll to a corner of the new parking lot facing Smith Avenue. It is a 21- foot tall business advertising sign. It is her interpretation that this sign would not be allowed in the parking lot. She thinks that the Commission needs to make it cleaz that a business sign � would not be allowed in this location on the parking lot. Chair Morton asked if the new signs on the lot wil] say "Parking for Bonfe's Patrons Only." Ms. Thompson stated that something like �l`i - l�`�`1 • that would be allowed. She also informed commissioners that Mr. Bonfe is also closing the driveway ofFof Smith. The only access to this pazking lot is from the alley. Commissioner Geisser asked if this means that Mr. Bonfe will lose his business sign. Chair Morton responded that he just cannot move his business sign to the parking ]ot. Commissioner Nordin asked if there were a limit to the size of a parking sign in the P-1 zoning. Ms. Thompson replied that the sign ordinance may have restrictions, but in terms of the conditions for establishing a pazking lot in P-1, it does not have dimension restrictions. The motion on the floo� carried unanimously on a voice vote. #99-200 American Portable Telecom - Special condition use permit to allow a ten foot cellular telephone antenna on the apartment structure at 1967 Grand Avenue between Prior and Cleveland (James Zdon, 266-6559). MOTION; Commissioner Gervais moved approval of the requested special condition use permit with conditions to allow a ten foot cellular telephone antenna on the aparifnent structure at I967 Grand Avenue between Prior and Clevelanrd Commissioner Gervais explained that this case had been laid over in order for staff to research the possibility of there being any other buildings or locations in the area where this could be located. Staff reported that there were none. • The motion on thefloor carried unanimously on a voice vote. #99-207 Pawn America -Special condition use permit to allow a pawn shop at 1546 White Bear Avenue between Hoyt and Montana (Nancy Frick, 2666554). MOTION: Commissioner Gervais moved deniat of the requested special condition use permii to allow a pawn shop at I SA6 White BearAvenue which carried unanimousty on a voice vote. #99-2Q8 YMCA - Special condition use permit for an institutional recreation center at 875 Arcade Street. Zoning variance for front yard setback, from 25 feet required to 8 feet proposed (on York Street), Nancy Frick, 266-6554. MOTION: Commissioner Gervais moved approval of the requested special condition use permit for a Zoning variance with conditions for a front yard setback from 25 jeet required to 8 feet proposed at an institutional recreation centet at 875 Arcade Street which carried unanimously on a voice vote. #99-226 Gail Geiseohoff/Mollv Toulouse - Modification of the river conidor standazds to allow for two additions to an existing structure within 40 feet of the bluff line at 2072 Highwood Avenue between Skyway and McKnight Road (Lucy Thompson, 266657$). • MOTION: Commissioner Gervais moved approval of the requested madification of the river corrido� standards with conditions to allow for two additions to an eristing structure within 40 feet of the bluff line at 20�2 Highwood Avenue which carried unanimously on a voice vote. • MINUTES OF THE ZONING COMMITTEE Thursday, September 2, 1999 - 3:30 P.M. City Council Chambers, 3rd Fioor City Hali and Court House 15 West Ke{fogg Boulevard • • PRESENT: EXCUSED: OTHERS PRESENT: Engh, Gervais, Gordon, Kramer, Nowlin Field, Faricy, MoRon Peter Wamer, City Attorney Lucy Thompson, Alfan Torstenson �l �l - �o �� Roger Bonfe, 99-185 - Rezoning from RT-2 to P1 to allow a parking lot in association with Bonfe Auto Repair. Originaify, rezoning from RT-2 to B-3 was approved and the public hearing was closed and a recommendation was sent to PC. Due to the fact that this was resubmitted to P1 another public hearing was he1d. The applicant, Roger Bonfe, was present but did not address the Zoning Committee. No one present to speak in favor or opposition to the proposed change. The pub(ic hearing was closed. Commissioner Kramer moved approva� of the recommendation for rezoning to P-1. Commissioner Engh seconded it. Commissioner Kramer stated that when the lot undergoes site plan review, some determination should be made regarding some ability to make sure that the lot is closed after hours with a gate or chain, to ensure the fot is not used after hours. Adopted Yeas 5 Drafted by: Nays - 0 Submitted by: Approved by: ' I _� 1� r �� I�� ti � L�� Laurie Kaplan Ailan Torstenson Litton Field Recording Secretary Backup Zoning Section Chair � NSt j3�1999 � • N�+inut?S °(5 -to�� • Commissioner Fietd informed commissionen that what is not included in the resolution is a motion that the application fee be waived. The case came before the Planning Commission several years ago and was approved at that time. The Zoning Code permits that if they haven't established the use, they can extend it for a period of one yeaz, which they did. At the end of that yeaz, they still had not established the use, and the Zoning Code makes no provision for an additional continuation. Since then, theu year ea�tension had elapsed and the applicant had to formally come back and reapply. Since all the staff work had been done at the time ofthe previous application, the Zoning Committee also recommended that the fee be waived. Tlze mntion on the floor carried unanimously on a voice vote. #99-180 Standbv Svstems Inc. - Modification of river comdor standards to allow for relocation and construction of 8 propane tanks on slopes greater than 12 percent and construction of rehabilitated slopes steeper than 18 percent at 966 Mississippi Rsver Boulevard between Ford Parkway and Magoffin (Jim Zdon, 266-6559). MOTION: Commissioner Fie1d moved approval of the requested modification of river corridor sta�:dards witic conditions, to allow for relacatrox and canstruction of 8 propane tanks on slopes greater than l2 percent and construction of rehabilitated slopes steeper than I S percent at 966 Mississippi River Boulevard between Ford Parkway and Magoff:n. Commissioner Field explained that one of the conditions is that the Ford Motor Company explore certain site improvements related to their facility on the west side of Mississippi River Road, which principally consists of a pazking lot and other associated properties that they � maintain. There was no obligation incurred by Ford. A]etter in front of you today from Ford agrees that they will research the items that the Zoning Committee discussed with them. Commissioner Nowlin commended the Ford Plant for picking up on what the Zoning Committee asked for and responding as they did in the letter. TJte motion on the floor carried unanimously on a voice vote #99-185 Roeer Bon ezoning from RT-2 to B-3 to allow a parking lot in association with onfe Auto Re a' b and 372 Smith Avenue between Grand and Forbes (3eff Miller, 266- MOTION: Commissioner Field moved to recommend approval of the requested rezoning fiom RT-2 to B-3 to allow a parking lot in associaiion with Bonfe Auto Repair at 366 and 372 Smith Avenue between Grand and Forbu. Commissioner Engh asked if this pazking lot will be leased to anyone else during of€hours. Commissioner Field rep]ied that it was his understanding that the pazking lot would be for the specific use of Bonfe's Auto Repair. Mr. Torstenson said that Mr. Bonfe testified at the Zoning Committee meeting that without this pazking lot, his business would have serious problems because it had no place for customer's cazs, etc. Commissioner I{ramer noted that his concem at the Zoning Committee was that one doesn't . need to rezone properiy to &3 in order to build a parking lot; you need only to rezone it to the pazking zoning classification P-i to have a parking lot. The rezoning to B-3 allows for many Kg - �o�� • more uses to occur there than a pazking lot, which may be entirely appropriate in that azea given the way the azea has grown. Because it is a rezoning, the Commission can't put a condition on it that would ensure that it would be used only as a pazking lot or that it cannot be leased out once it is zoned B-3. What is ]egal in B-3 will be legal on this lot. Commissioner Engh stated that she is concemed that once the Arena is done, the growth in that azea will explode. She realizes that Bonfe needs the pazking space. There will be a lot more activity at night in that neighborhood, and she is concemed that once this is allowed to become a pazking lot, there will be parking and activity allowed at all hours of the night. This lot is right next to a neighborhood, and activity at all hours of the night would be inappropriate there. She asked for advice regarding limiting the hours of business for this particulaz lot. Chair Morton asked Mr. Wamer if the hours for business could be limited. Mr. Warner answered that the Planning Commission could not limit the hours. It can merely make a recommendation to the City Council regarding the rezoning. By making a recommendation to rezone an area to a particular zoning classification, the Commission is saying that any use thaYs permitted in that zoning classification can go on that property. It may be that within the B-3 zouing classification there are uses tl�at are peimitted sub}ect to special condition. If such a use were to go on the properry, the applicant would have to come back before the Planning Commission, which would give the Commission an opportuniry to impose conditions like limitation on hours. Commissioner Engh asked if the appiicant wouSd need to come back for a special condition use • permit if he decided to lease parking spaces during off-hours for Bonfe Auto Repair. Mr. Torstenson replied that he would need to get approval of any shazed parking agreement. Commissioner Gordon asked if Mr. Bonfe wanted to use the lot after business hours for parking for the Arena, would he need to come back to the Planning Commission for a special condition use permit. Mr. Torstenson responded that he did not think Mr. Bonfe would need to apply for a shared parking permit if he decided to use the lot afrer business hours for Arena pazking. He noted that the shared use permit is required when there is a business that needs parking to meet expansion needs. Commissioner Engh stated that she would vote against the motion. Commissioner Nowlin commented to Commissioner Engh that the only way to oppose the pazking is simply to oppose the rezoning. Mr. Nowlin added that the Zoning Committee was persuaded by Mr. Bonfe's need for the parking space and the Commission's long term desire for something better than surface parking for tas purposes. Commissioner Kramer stated that if Mr. Bonfe just needs more pazking then there is no need to rezone it to B-3 simply to give him more parking. Since parking is needed, why would the Planning Commission recommend B-3 when, in that case, one could come in the next day and build a structure there that would eliminate the pazking. Commissioner Kramer added that he did not know what the difference is beriveen what the allowed uses aze in the P-I parking zone versus what the parking requirements are in a B-3 zone. He recalled cases in the past that when non-adjoining parcels have been rezoned to P-1, that the P-1 zoning had to provide some • relationship to the use that it was designed for. ��-io�� • Commissioner Gordon asked if anyone else who was at the Zoning Committee could shed some light onto why Mr. Bonfe was applying for a rezoning to R3 if he wants to use it only for parking. Commissioner Field responded that Mr. Bonfe stated that the zoning staff recommended the B-3 zoning. Commissioner Gordon asked Chair Morton if it would be appropriate to amend the Zoning Committee's recommendation from B-3 to P-l. Commissioner Field responded that changing the zoning classification would require a new application because of the need of signatures. Commissioner Nowlin asked if someone could explain t�e differences beriveen P-1 zoning and B-3 zoning in relation to control of pazking lot. Commissioner Gordon read from the summary sheet of permitted and conditiona] uses by zone: P-I: Off=street parking. B-3: Permits all OS-1 through B-2 uses which aze the previous categories. In addition, mortuaries, finishing shops, business sales and services, such as parce] delivery, manufacturin� of small precision goods, hotels and motels, printing and publishing firms, wholesaling without outside storage, hospitals, new and used caz sales outdoors, auto repair, fast food and drive-in restaurants, green houses, nurseries, car washes, and adult uses (some with SCUPs}. MOTION: Commissioner Faricy moved to send this case back to the Zoning Committee; • Coinmissioner Engh seconded tke motion. Commissioner Gordon asked if the Zoning Committee could change the recommendation from B-3 to P-1. Mr. Warner answered that it could not. If this case were remanded back to the Zoning Committee to consider a different classification, new notices would need to go out. As ]ong as that's within the 60-day time frame, that's a possibiliTy, Commissioner Gordon added that from the sense of what he is hearing this ought to be rezoned to P-1 rather than B-3; that is what the applicant is really asking for and �vhy open it up to some unknown future. He recommended that the Planning Commission deny it, let the City Council act on it, and let Mr. Bonfe re-apply if he needs to. Commissioner Engh w�ithdrew her second. She asked staff to explain why they recommended B-3 instead of P-1. Mr. Soderholm explained that the whole area around this business is zoned B-3. The block of this business is cleazly in transition; much of it has already been cleazed. It makes sense to Mr. Soderholm that this small lot should, in time, become part of a lazger redevelopment site where B-3 uses would be permitted. He does not think that B-3 is the wrong direction for this property to go. Commissioner Fazicy withdrew her motion. Commissioner Kramer stated that he still does not know whether surface pazking in P-1 needs to be related to an adjacent business or if can be just an open public parking lot. Mr. Totstenson responded to Commissioner Kramer's question about conditions for pazking lots under P-I. There are a list of required conditions under P-1. It states: � That the pazking facility shall be accessory to and for use in connection with one or more Gl� - �oy� • businesses........The parking facility shall not be used during hours when the principle use is not in operation......You can have shazed use of a parking facility in P-I, but then yoa must get a shared parking permit. Commissioner Gordon noted that Mr. Torstenson's information addresses Commissioner Engh's concems if iYs rezoned to P-1 and not B-3. He encouraged commissioners to deny the application for B-3 and let the process start again to have it rewned to P-1. AMENDED MOTTON: Commissioner %ramer moved to recommend denial of the reZOning to B-3 and afford the applicant the opportunity to reapply under the same permit fee for the P-1 zone nr go to the City Counci! and, if ihe applicant chooses to �eapply for the P-I, to eztend tl:e 60-day time limit for the necessary consideralion. Commissioner Field felt that which ever way it was done, the applicant should not need to pay another fee. Commissioner Field encouraged staff to, in the future, fill out a more detailed petition document, In this case, it would have been more informative to include that the applicant wanted to rezone property for the purpose of establishing a parking lot. He feels that the information that goes out on petitions for public signatures is not informative enough. Commissioner Engh asked if the Planning Commission had the authority to waive a fee. Mr. Warner answered that the position of the City Attorney's Office is that the Commission can waive or refund fees. � Commissioner Nowlin asked if it is necessary to include the fee waiver in the motion. Mr. Warner responded that he thinks iYs good to memorialize recommendations to staff. Com»rissia:er 1Vowlin seconded tlee motion on tlreJloor. Commissioner Field commented that he is troubled for Mr. Bonfe because this delay might make it impossible for him to begin this pazking lot until next spring. It also troubles him because he can understand some of Mr. Soderholm's observations about that block being in transition. He is concerned also by the staff recommendation; someone comes in to establish a parking lot and staff encourages him to apply for a B-3 use instead, which in this case, may cause Mr. Bonfe a serious delay. Commissioner Margulies stated that he is sympathetic to Commissioner Field's comments, and he wished he knew some creative way azound it. Although he agrees with the content of Commissioner Kramer's proposai as to what he would recommend Mr. Bonfe to do, he is troubled by including in a motion a suggestion that he do one thing or another. Commissioner Margulies would like to have the motion more tailored to say: if he elects to proceed with a P-1 application, the fee would be waived. Commissioner Kramer accepted that as a friendly amendment. He also thinks that taking this route affords Mr. Bonfe a better opportunity of getting the tot buitt this fall than if he proceeds through the process and it ends up being denied at City Council, and then he has to restart the entire process again. Commissioner Fotsch spoke to the motion. The issue is whether or not the Planning Commission thinks it's appropriate to allow all the different uses that are under a B-3 zoning • classification. He can see why Mr. Bonfe wou]d want a B�3; it opens up possibilities for all kinds of other development in the future. There has not been any real discussion on whether or �� -�o�� • not this shouId be opened up to all those developments; maybe it should be. Mr. Soderholm mentioned that this is an azea in vansition. Commissioner Fotsch feels that it is too premature to change it to a B-3 classification at this time. Commissioner Gordon commented after brief conversation with Mr. Wamer t]�at the fastest way to handle this may be to send it back to the Zoning Committee with d'ueetion to r�norice the hearing for P-I, along with the other recommendations like waiving the fee, rather than have it go to the Ciry Council. MO'PIOIV: Commissioner Gordon moved that case #99-I85 - Roger Bonfe be refened back to the Zoning Commiltee wiih instruMions to re-notice fo� a P-I rezoning classification and to waive the application jee; Commissioner Engh seconded the moiion. Mr. Soderholm noted that in order to r�notice, this case would come to the Zoning Committee on September 2, and the 60-day provision would need to be extended. Although Commissioner Margulies liked the result of the motion, he was uncomfortable with amending n�(r. Bonfe's application without his approval. He thought it ought to be Mr. Bonfe's decision, The motion on tlre floor carried on a voice vote (Dandrea, Field, Margulies). Commissioner Field read the agenda for the next Zoning Committee meeting, Thursday, August • 19, 1999; I) Pat Boemer, specia] conditian use permit for shazed pazking; 2) Alison Maule-Kronmiller, rezone from RM-2 to B2-C; 3) St. Paul Brass Foundry, rezone from RM 2 to I-l; 4) American Portable Telecom, speciai condition use permit; 5) Todd J. Bauer, special condition use permit; 6) St. Paul Port Authority's Citgo Shepazd Road, rezone from b3 to I-2; 7) Hamline-Midway Special Sign District; and 8) Meniam Pazk Special Sign District. V. GuestPresentation Dick Victor, Minneapolis Community Development Agency, Housing and Other Development Completed and Underway in Minneapolis Chair Morton welcomed Mr. V ictor to Saint Pau1. Mr. Victor talked about his 3] year tenure with the Minneapolis Community Development Agency and how things have changed over the years. During the days of federal urban renewal, we just got the demolition people moving to clear things out and we started again. Today, nothing goes ahead without planning and partnership, not only partnership in terms of funding, but also in terms of participation. The third "p" usuaily associated with the others today is pollution. Each commissioner was given a packet about the agency. Mr. Victor showed slides of some of the current development and redevelopment activities going on in Minneapolis. � Projects: aq - \o y� MINUTES OF THE ZONING COMMITTEE • Thursday, August 5, 1999 - 3:30 p.m. City Council Chambers, 3'" Floor City Hall and Court House 15 West Kellogg Boulevard PRESENT: � U � EXCUSED: OTHERS PRESENT: Engh, Field, Faricy, Gervais, Kramer, Morton, and Now{in Peter Warner, City Attomey Danette Moore, Ailan Torstenson, Jeff Miller of PED The meeting was chaired by Commissioner Fieid. Roger Bonfe - 99-185 - Rezoning from RT-2 to B-3 to allow a parking lot in association with Bonfe Auto Repair. Jeff Milfer showed slides and presented the statf report with a recommendation for approval of the rezoning. There was one letter of opposition. At the question of Commissioner Kramer, Mr. Mil{er stated this is an auto service not tfie body shop. Upon question of Commissioner Morton, Mr. M+iler stated the landscaping would have the same requirements in a B-3 or P-1. Roger Bonfe, the applicant appeared and stated he has owned the body shop for 48 years. The property proposed for rezoning was recently purchased for a parking lot. At the question of Commissionec Kramec, Mr. Bonfe stated the zoning staff recommended the B-3 zoning. The lot is going to be used for parking oniy. The public hearing was closed. Commissioner Morton moved to approve the rezoning of both parcels. Commissioner Faricy seconded it. Commissioner Kramer wouid prefer the property be rezoned to P-1. Mr. Wamer stated that another notice woutd have to be sent out to rezone the property P-1. Commissioner Nowlin said his concem is not about B-3, but that surface parking is not the best use there, especially as the asea develops. Commissioner Kramer stated he was concerned that the City Council did not want B-3 zoning in that area. Adopted Yeas - 6 Nays - 0 Drafted by: C';Q n,o-��12Q a� � Carol Martineau Recording Secretary Submitted by: Allan To ten o�� Zoning Section Litton Field Chair � ?�inyFil�'�99-185 � UTOMOTIVE 420 Gateway Boulevard EMBER Burnsville MN 55337-2559 �l� - � 0 �� ERVIGES �NG (612) 707-4430 • ' FAX (612) 707-4762 St. Paul Zoning Committee August 28, 1999 25 West Fourth Street 1400 City Hall Annex St. Paul, Iv�� 55102 Dear Committee Members: As a newly arrived neighborhood business (we recently purchased the operations of Grand and Smith Mobil) we would like to express our support for the rezoning petition presented by Roger Bonfe to change the zoning of366 and 372 Smith avenue from TR-2 to P-1. Despite our recent arrival in the neighborhood as property owners, we have worked with Mr. Bonfe for many years and know him to be committed to the long-term health of the neighborhood. We support his efforts in this rezoning request. Sincerely, � � ; � �, � � , � 7effrey gden Vice President Finance • °�`l -�o y � � ZONIPiG COMMITTEE STAFF REPORT FiLE # 99-185 • � 3. � APPLICANP: BONk'E, ROGER CLASSIFICATION: Rezoning DATE OF HEARING: 09/02/99 LOCATION: 366 and 372 SMITH AVENLTE NORTH between Grand Ave. and Forbes Ave. PLANNING DISTRICT: 9 5. LEGAL DESCRIPTION: Lot 11 Slock 2 Samuel Leeche's Addition To The Town Of Saint Paul; N Yz of Lot 10 Block 2 Samuel Leeche's Addition To The Town Of Saint Paul 6. PRESENT ZONING: RT-2 ZONING CODE REFERENCE: 64.4�0, 6Q.723 7. STAFF INVESTIGATION AND REPORT: DATE: 8/26/99 BY: Jeff Miller 8. DATE RECEIVED: 07/06/99 DEADLINE FOR ACTION: 11/3/99 A. PURPOSE: Request for rezoning of two adjacent pazcels from RT-2 to P-1, rather than the previously requested B-3, to allow for a parking lot in association with Bonfe's Auto Service business. B. PARCEL SIZE: Lot 11 is 8,874 squaze feet; N'/z of Lot 10 is 4,524 square feet; Combined size of two lots is 13,398 squaze feet. (The applicant is also applying to Ramsey County to legally combine these two pazcels into one lot.) C. EXISTING LAND USE: Both pazcels aze currently vacant and heing used for pazking. � SURROTINDING LAND USE: North: Existing parking lot, for employees of a commercial business across the alley, in a B-3 district. East: Existing commercial building, auto repair services, in a B-3 district. South: Existing residential structures, single-family and duplex, in an RT-2 district. West: Existing residential structures, multi-family and duplex, in an RT-2 district. E. ZOr'ING CODE CITATION: Section 64.400(a) states in part that "the council may, �'- from time to time, amend, supplement or change the district boundaries or the regulations �l`l -to �+� • Zoning File #99-185 Page Two herein, or subsequenfly established herein pursuant to the provisions of Minnesota Statutes Section 462.357 and amendments thereto as may be made from tune to time. The planning commission may, from time to time, review district boundary lines to detemune if, pursuant to state laws, such district boundary lines should be changed." F. ffiSTORY/DISCUSSION: Applicant originally petitiened for rezoning these two pazcels to B-3, with the public hearing held on August 5t 1999. Pianning staff and the Zoning Committee recommended approval at that time. The Planning Commission withheld action and recommended that the request be changed to a P-1 rezoning with a second public heazing to be held on September 2nd, 1999. G. DISTRTCT COiTNCIL RECOMMENDATION: The W. 7�"/Fort Road Federation has no comment on the proposed rezoning. H. RINDINGS: 1. Roger Bonfe, owner and president of Bonfe's Auto Service and Body Repair, is the • owner of the two adjacent vacant pazcels on Smith Avenue North. Mr. Bonfe also owns the commercial property directly across the alley at 337 West Seventh Street for use as Bonfe's Auto Service. Mr. Bonfe intends to improve the two parcels on Smith Avenue North to provide off-street pazking for customers and employees of his adjacent commercial business and has submitted a site plan for the proposed pazking lot. 2. The applicant originally submitted a sufficient petitian of two-thirds of the property o�vners within one hundred (100) feet of the properry stating support for the rezoning of RT-2 to B-3 (21 parcels eligibie, 14 required, and 14 signed). The Planning Commission determined that a new petition for rezoning to P-1, rather than B-3, is not required because it is a more restrictive zoning district. 3. Section 60.720 defines the P-1 Vehiculaz Pazking District, which permits "the establishment of off-street parking facilities to be used solely for off-street pazking of private passenger vehicles as a use incidental to a principal use. T'he district will serve as a use district which has developed without adequate off-street pazking." 4. Section 60.723 identifies six (6) required conditions for P-1 uses: a. The parking facility shall be accessory to and for use in connection with one or more businesses, industries, institutions, or multifamily residences. This condition will be met. The pazking facility will be an accessory off-street pazking lot in connection with Bonfe's Auto Service, a commercial business directly across the ` alley from the proposed parking facility. •' �t`t - �o��l � Zoning File �99-185 Page Three b. The parking facility shall not be used dnring hours when the principal use is not in operation. During such periods the parking facility sha(1 be inaccessible for public use. This condition will be met. The applicant does not intend to allow access to the pazking facitity outside of the hours of operation. There will be cazs pazked in the parking facility ovemight that have not been compietely serviced or aze scheduled for service the following day. c. The parl:ing facility shall be used solely for parking of private passenger vehicles and shall not be used as an off-street loading area. This condition will be met. The appiicant intends to use the parking facility solely for parking for customers and employees of his adjacent commercial business and does not intend to use it as an off-street loading azea. d. ho commercial repair work or service of any kind, or sale or display thereof, shall be conducted in such parking facility. This condition will be met. The applicant does not intend to use the pazking facility for commercial repair work or service of any kind or sale or display. � e. l�o signs of any kind, other than signs designating entrances, exits and conditions of use, shall be maintained on such parking facility. This condition will be met. f. No buitding other than that for the shelter of attendants shall be erected upon the premises unless specifically approved by the planning administrator during site plan review. This condition will be met. The applicant does not intend to construct any buildings on the parking facility land. 5. The use of these two parcels for off-street pazking to serve an adjacent neighborhood commercial business is consistent with the changing chatacter of this specific block, �vhich is surrounded by arterial streets, and this azea in general. Smith Avenue and Grand Avenue are Class B Minor Arteriais and West Seventh Street is a Class A Minor Arterial, according to the Saint Paul Transportation Policy Plan (a chapter of the Gomprehensive Plan}, as well as County, Metropolitan and State transportation pian classifications. With the opening of I-35E, Grand Avenue access to I-35E just a couple blocks away to the north, and the reconstruction of ihe High Bridge on Smith just a couple blocks to the south, this section of Smith Avenue has become an increasingiy high tra�c connector street. Major commercial redevelopment has occurred in this azea, both on Grand • Avenue and West Seventh Street. Two-thirds of this biock is already zoned for commercial uses. Smith Avenue serves as a boundary betw�een the more commercial area to the east, north and south, and the more residential area to the west. The surrounding �1�1-i�y� • Zoning File #99-18� Page Four commercial redevelopment and high traffic volumes on Smith Street create a difficult environment for attracting residential uses to these two lots. 6. Use of this land for off-street pazking to serve an adjacent neighborhood commercial business is consistent with the District 9 Plan. Adopted in 1980, the District 9 Plan indicates this block as an azea of transition with a mix of residential and commercial uses. The plan recommends that commercial should be encouraaed along West Seventh Street, with protection of residential azeas from encroachment by incompatible commercial or industrial uses and the use of appropriate buffers. The plan also recotnmends that parking spaces be located behind buildings, but landscaped from adjacent residential areas. This proposed parking lot would support a strong and expanding commercial business on West Seventh Street. The proposed pazking lot is located behind the commercaal business on West Seventh Street, although on separate lots. As long as this parking lot is well- desiLned and buffered from surrounding residential uses and Smith Avenue, it would not be considered an incompatible commercial use. 7. Use of this land for off-street pazking to serve an adjacent neighborhood commercial business is consistent with the City's Land Use Plan, which identifies the West Seventh • Street Corridor as one of the five primary corridors for grow[h in the future. These two parcels are not part of any of the numerous housing development site opportunities identified in the Plan. These two pazcels also aze not part of any of the numerous neighborhood pedestrian commercial districts identified in the Plan. This azea is not targeted for planned redevelopment and should be zoned to fit the character of ongoing development in the azea. . g. The City's Transportation Policy Plan also addresses the need for considering parking lots as part of a neighborhood's physical fabric, giving attention to a neighborhood's character and creating community connections. Policy 39 states "The City should require parking lots to have a strong landscaped edge along the sueet, and encourage landscaping within parking lots. The City should find ways to encourage or require improvement of existing parking lots, as well as newly constructed lots. Landscaping should be aesthetically pleasing and provide a sense of gublic safety." Because this proposed pazking lot is adjacent to and facing residential properties across the street, it is especially important that it enhance the neighborhood's chazacter utilizing landscaping and screening. 9. The rezoning will not have an adverse impact on adjacent residential properties if appropriate landscaping and screening aze installed on the south and west sides of the property to shieid the parking uses. • I. STAFF RECOMMENDATION: Based on the above findings, staff recomtnends approval of ihe rezoning of both parcels from RT-2 to P-i. �L�l -�o y`�l �.,,R :..o. � I� �A�AA PETtTt011 TO AMEND THE Z011iNG CODE Depariment of Planning nnd Economic Development Zoning Seclion II00 City Hall AnnPx 25 West Fourth Srreet Saint Pau1, MN 55102 266-6589 APPLICANT ��Property Own � St�ip �� Daytime phone� Contact person (if different) PROPERTY Address/Location 3�0�o C�-/'t� � �02 LOCATlON Legal descriptionsu �n u<� �'� r c-� P� �� 7Z /�l�� / a �6 � (( / (attach additional sheet if necessary) �/ z _ 0 {�t,�,,T s_rP. Z��Q I'Q�LrI/ _ ��, �� Z TO THE HONORABLE MAYOR AND CfTY COUNCfL: Pursuant to Section 64.`�Q of the Saint P ul Zoning Ordinance and to 5ec!ion 462.357(5) ofi Minnesota Statues, ISDG�' �� , the owner of sll thz land proposed for rezonin , hzreby petition you io rezone the above described property trom a _�� a zoning district to a�- 3 zoning district, for the purpose of: � Vf � � O� � � �P �i � �� i d P c►� ��,33� (attach additional sheet(sJ if necessar�y) / 70 .-, Attachments: Required site pian L� Consent petition � Affidavit D �� Subscribed and swom to /� before me this � Y � day Sharon �• p�erson gyC{3C i .� N6iMY PUBIIC • MIINNESOTA Gc' '.�� MY COMMISSION IXPIRES Fee nar of p:�perty 4 f �� 9 �' 1ANUAAY 35. 26G0 /� • Title: (yl��f :�� " � Page i of Notary Public , MICHEIE S. OTZEHBfRGEr� � A N0T0.RY PUBLIC • YINNESOTA �Aac i��4� �•.,� � Ry Comm. @D��os Jan. 11. 3000 • CITY OF SAINT PAUL �i�fl�}O��— Qq-�� T�Tf o� CONSENT OF ADJOINING PROPERTY O�V�IERS FOR A REZOl\TING R'e, the undzrsi�ned, o«�ners ofthe propert}• �vithin 100 feet oEthe totat eontiguous description of real estate owned, purchased, or sold by THE PETITIONER «•ithin one year precedin� tne date of this petition ackno�vledge that �ce have been presented ��ith the follotivin�: ]. A copy oEthz pztition of i O �1' UI 1/� x (name of petitioner) t a '/ ��nGC 3�a Sm i�h to rezone tne properry ocate at -� .�� - from a�ZOning district to a U zonin� district. �� 2. A copy of sections throu�h , inclusive of the Saint PauV Zonin� Code; and ackno�vled�e that «e are aware of all of the uses permitted in a�_ zoni�° district and we arz aware that any of these uses can bz established upon City Councit approvzl of tnz rezonin�. ��'e hereby consent to the rezonin� of Ihe properry in the petition of; �D G} i �DY? �� to a� � zoning district. (�;am: of pztitioner) �Ve consent to the nppro�•al of this rezoning as it �ti'as explained to us by fhe npplicant or his/her representative. DR SS )R P.l �. � �� 8 a. l�fln S/ a. O G G.ra. ac ��" l�a-� l /`Z j,o2 hae � � PGt-v � �h � 3 6 z SM,7x /t� �t t�ti�l h'n ri 3«��,rfw f p�,�! Kh s"! � ��-��h s't- S f c �-�! fta� � oo Graa f� Tr y f tra�t �n��rson pavl ; 11 )1 � J � 11 � t 1 ) �� / ., -� j�a� 1 Pt� 5`I' o l'rra f� �r � ti� /Y , / � ��n ��{ 1 1 )) 1f �, V �lY I� �� ' . ;. % ��1 _✓i � � � �/!� �� ! -�-� � � �� -�Z -Z• 9 . - - y' r --� — / _ z - �� -Z- q _ _�� =lS i-e-q9 • 1'avt 1 tn 7 �cy Ya.. ..�,,, ..-, .. �/�-,�- � pQ r�� —�� `�� nOTE: This petition shall not be considered as officially f Ie3 iut il the laps� of seven (7) workin� days after it is recei��zd by the Planning Division. Any signator of this pztitio^ t*iay �vithdra�v his�h°r name therzfrom b}• «ritten requzst within that time. DI�I ��I�A� �t�T] Ot� CITY OF SAINT PAUL � CO�SENT OF ADJOII�IING PROPERTY ONIrTERS FOR A REZONING > S/'Y"11�� \Ve, the u�dersigned, o�vnecs of the groQerc}• tvithin I00 feet of the total contiguous description of real estate o«�ned, purchased, or sold by TFIE PETITIO�tER «•ithin one year precedin� the date of this petition ackno��'ledge that titi•e have been presented «•ith the following: a I. A copy of the peti[ion of to rezone the property located zt of from a,� zoning district to a� �zoning district. 2 A copy of sections throuoh , inclusive of the Saint Paul Zonin� Code; and ackno�s'Izdge that ��e zre 2ware oFall o( the uses permitted in a�'� zoning district and we are aware that any of these uses can bz established upon Ciry Council approval of the rzzonin�. \Ve hereby consent to the rezonin� of the propzrt}� in thc petition of; . �Oq �/' �Oh �� to a �- .� zoning district. `' (�ame of pztitiones) ��Ve consent to the approval of this rezoning as it �ti•as explained to us by the �pplicant or tiis/her representative. F3 j7 �.V S r� i; H ,c t,t Jvn. I�v.x s� � oIz8 E/1�r JY.�� ;�t Co� o! ZYZ3`�'� Ooo 6 CiT'� c F S�. �i9srL, S bs J h+t. s-l- R �� l� �?7 ��m �f Wi//�A.InT/Jvan/9ah s- l'laureeh � p�Nn�� 'weh� I oJa � �c`t-��°t O�• o�- 99 � ~��'�� R� f�� 7'` � / ♦� ; Z 9- �9 0 r07E: This petition shail not be considered as officially filed until the lapse of seven (7j working days after it is received by the Planning Division. Any signator of this petition may ��+ithdraw his�her name therefrom br• «titten rec�uest �vithin thlt time. • � r1 �J �I�I� �� • �� ` �. . ��,�: �, .,,. m ,� T. ° � I /�� \ G ) ♦ - I 1 i � 2 W � � � N �; '� ('-� � a �, o ° � t '4 _ � __ •'� � O T ; � f V �3 . IV � � j�. � � f� � � � ^ � ^ W �) � � n � ��_� =i S � � � � � t < � � y � : i ,� �I � � p� N M 1� �- � �. F � � . c � \ � ti ^ti' —1 . t � 2 ^ � �� = � u �G:�e � �m � I � . : � _ � ; s� ' T , _ / e o • L; � . � � j � _� � G �� E � <.�"' c�— L �� l�` �� ' �\ n � . �� /�` �� ' > .a- m rt � n �� x s 0 h T (1 n>� 4 i a' / ��v � �� I �Y} (R �,,, x � T g � � ? � � � S � T t� � � � - °�� ni �n �` �� N � � . �-� �� ° � �� - �` � _ r �� 1� 0 . �� ? r . � a fi � � � � � N r �fi -� a�- . ' N u qq -1o�+q 10 � ."' � , ; �.� 6 � + .I ,a.„� e � I ��a�I..W. N i 4 `I = � 7' F � j T c f ' I � ��a... �~ cl i .� s . S SP i ♦ 14 <.,,,�. . 9 r� .� �I__ :�.=I ., --�:? F� ' ` A . 3 ;1 °-� �r�. �� a 2 Fi F S ; � r1 LJ .; , , ; � � �, . « �� ,- CI1"IZEN PARTICIPATION PIANNfNG bISTRICTS 1. SUNRAY-BATTLECR.EEK-HIGHWOOD 2. HAZEL PARIi HADEI�'-PROSPERITY HILLCREST 3. tiVEST SIDE 4. DAYTOI�"S BLUFF 5. PAYNE-PHALEN 6. 210RTH END 7. THOMAS-DALE 8. SUMMIT-UNIVERSITY (9 � WEST SEVENI�i � COMO 11. HAMLINE-MIDWAY 12. ST. ANTHO\TY PARK 13. MERRIAM PARK•LEXIIQGTON HAhSLINE-S?�'ELLING H.4MLINE 14. MACAT..ESTER GROVEL.P��TU 15. HIGHLAND 16. SUMMIT HILL 17. DOWI�TOWN Q `t - l�'-� `( � . .. � DISTRICT 9 ON .-��-�-._. ^.� . �, -� �� F��'4-/P�s- � i . � , � � � >� v ` � ..s v e P,� ;�� : : � ��: �� - `:Y..rj"Y.� i .V � a _ ' . , .4�ti� ��: ��_- . . � �' ,��^� .. " Q .:' "��'' a: :;J: �, >:: ; �: ��s�. 0; p::� -�_ ''` � �� ° !=� - ;� = q ' _ ' �o �kq PP�ICAt1S '�'"` �v `�'" G' LEGEND URPOSE � ,", J�"'`�s. /� � Z�� `�' Zoning disirict boundary �• DATE � subject property n� onh"- 'LNG. DIST� MAP r o one tamily •�^ commerciz: �� r .,� � twotamily � ..,. industriat �� J ..� j�-�Q mu�tipie family V vacant � _