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99-1165�'�`(�c`� �c11 V e.rS � �'N �" tG • �� ����� C�7 N 171►`�\�[ij�l % CITY OF S�INT PAUL, NIINNESOTA � / .� Presented By Refened To Committee Date : 2 An ordinance adding a new subdivision to Saint 3 Paul Legislative Code Chapter 60, Division 5, 4 entitled "Special Districts", establishing commercial 5 and residential redevelopment overlay districts in 6 the Shepard-Davern azea. THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN 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 Section 1 3'1 911RI I.M�19 _! : ; `; ,,: That Saint Paul Legislative Code Chapter 60 be and is hereby amended by adding the following: Subdivision 9. 60.900. Shepard-Davern Commercial and Residential Redevelo�ment Overlav District Sec. 60.910. General Provisions 1. Establzshment of Redevelopment Overlav Districts; Intent. There are hereby established within the City of Saint Paul special zoning districts which shall be known as the She�ard Davern Commercial Redevelopment Overlay District (SDCI and the Shepard Davern Residential Redevelo�ment Overlav District (SDRI. These redevelopment overlav districts are established to maintain a unic�ue character, to promote economic develo�ment �otential, to encourage development of urban villages with pedestrian and transit oriented design. to promote mixed use development, and to protect public health, safety and welfare within the designated districts. 2. Relationship to Other Ap�licable ReQUlations. Property located within a redevelopment overlay.district shall be subject to the provisions of the prunarv zonine district� e�sting overlaY districts and the new redevelopment overlay district. Because redevelo�ment overlay district reeulations may be more or less restrictive than the �r1TTlary zoning district and existine overlav districts. where provisions of the redevelopment overlav district conflact with either the �iilTtary zonin�district or the e�srin¢ overlay district, the urovisions of the redevelopment overlay district shall sovern. 3. Established Boundaries. Redevelo�ment overla�district boundaries shall be as s�ecified in Council File # ���_lt(�S Ordinance # Green Sheet # �Q�t�l� the individual redeveloument overiav district reuulations. The redevelopment overlay district desienation shall be shown on the zoning map (Attachment A) in addition to the underlyint zorrine district designarion (Attachment BZ 7 9 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 39 40 41 42 43 44 45 46 47 48 49 Sec. 60.920. Shepard Davern Commerciai Redevelopment Overlay District 1. Purpose. The Shepazd Davern Commercial District fSDC) is an overlav district designed to promote the redevelopment of the area into a mixed use urban district combinin2 commercial uses, hospitalitv facilities and housing. Redevelopment in the district shall be designed to enhance the livability of the azea. to reduce adverse traffic and nazkin¢ conditions and to create bu'ildine uses and space consistent and comparible with the architecture of Saint Paul and the scenic features of the area. The district is also desiened to increase green space and masunize ve etative plantin sg throughout the district and provide tree lined comdors along West Seventh, Shepard Road and the proposed Edgcumbe Parkway_ 2. Established Boundaries. The boundaries of the Shepard Davern Commercial Redevelopment Overlay District shall be the azea shown on the ofFicial zonine ma� 3. Permitted Uses. In addiflon to the uses permitted within the primary zoning district. the following uses sha11 be permitted in the Shepard Davern Commercial Overlay District: a. Hotels and hotel conference facilities. All hotels shall be at least three�3) stories in height and have a minimum of one hundred (100) rooms. Patron access to hotel rooms shall only be�rovided by a central interior corridar. b. Hiaher densitv mulri.�le familv housing with or without mixed commercial uses. ° 4. Prohibited �ses. The following uses shall be prohibited in the Shenard Davern Commercial Ovexlav District: a. Automobile sales and service centers, auto convenience markets, auto service stations and auto specialtv stores. Exceptions are those auto convenience markets and auto service states that aze not freestanding and ue inte�rated into either hotel, office, or parkin�ramp structures. b. Freestanding and drive thru fast food restaurants. c. Recvcling drop off stations. d. Currency exchange businesses. e. Pawn shons. £ Community and transitional residential facilities. g Veterinary clinics. h. Cellular telenhone antennas not located on an existinQ structure. Page 2 of 11 1 i. Freestanding liauor establishments. , 2 qq - 3 5. Building ReQUlations. The following buildin� regulations shall pertain to the Shepard 4 Davern Commercial Overlay district. 5 6 a. Minimum redevelonment site size shall be as follows: 7 9 10 11 12 13 14 15 16 17 18 19 20 1_ The azea bounded by West 7th Street, Davern Sh�eet and Norfolk Avenue shall be developed as one site. 2. Within the remainder of the overlav distriet the m;nimum redevelopment site size sha11 be one (1 acre. b. Building hei�hts shall be lnnited to six (61 stories and not exceed sixtv five (651 feet outside the river corridor zone. c. The maacimum floor area ratio shall be three (31. d. Front setbacks shall be as follows: 21 1. Sheroard Road shall have a minimum setback of 25 feet with a nlanned canopv of 22 trees. Canopv trees aze recommended to be spaced no more than 30 feet apart with 23 allowances for entries and si�nage view corridors. Infili landscapingto include 24 understorv trees or shrubs with at least fift�(501 percent of all species native to 25 Minnesota. Drivewav cuts onto Shepard Road are discouraged. 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 2. Ed¢cumbe Pazkwav sha11 have a minimum setback of 20 feet with a planned canopy of trees. Cano��trees are recommended to be sroaced no more than 30 feet �art with allowances far entries and sienaee view corridors. Infill landsca�inp to include understorv trees or shrubs with at least fifty (SOZpercent of a11 snecies native to Minnesota. 3. West'T"` street &om Mississipni River Boulevard to Wheeler Street shall have a minimum setback of 25 feet with a pianned canopy of trees . Canogy trees are recommended to be s�aced no more than 30 feet apart with allowances for entries and sig�e view corridors Infiil landsca�ine to include understory trees or shrubs with at least fifty�50Z percent of all species native to Minnesota. 41 4. West 7�' street from Wheeler to Dauern Street shall haue a setback not to exceed 25 42 feet. Infill landscapine to include canopy trees. understorv trees or shrubs with at 43 least fifty_(501 percent of all species native to Minnesota 44 45 46 47 48 49 5. Front setbacks on the remainder of West Seventh Street shall not exceed twenty-five (251 feet. Infill landsca�ine to include understor�trees or shrubs with at least fifty percent of all sroecies native to Minnesota. 6. Front setbacks on Davern street shall not exceed twen -five (25) feet. Infill Page 3 of 11 0 6 7 8 9 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 39 40 41 42 43 44 45 46 47 48 44 landscapine to include understorv trees or shrubs with at least fifty_percent of all snecies native to Miunesota. e. Side setbacks shall be a rninimum of ten (10) feet on a11 sides. Infili landscapin� to include understorv trees or shrubs with at least fiftv percent of a11 species narive to Miunesota. f. At least fifty (501 percent of the Edgcumbe Pazkway and Davem Street frontage shall be fronted by buildin� a, Buildin¢s on Edecumbe Parkway. Davem Street and West 7th Street shali have at least one prominentpedestrian enhy oriented to the parkway or street. h. $uildin�design and materials shall enhance the lustoric and scezvc character of this azea of Saint Paul. with appropriate relationships to Fort Snelling and Fort Road (W 7th� as follows: (***refer to illustration or diagram **� 1. For buildings �reater than three stories, a comice line shall be established defining the building base, located appro�matelv one third (1/3) of the distance &om where the buildinp meets the eround to the top of the buiidine: 2. A cornice line shail be established definutgthe top of the building; 3. Cornices shall be allowed to project over the public right of way line. but not more than fifteen (151 inches; 4. The buiidin� base shall be faced in stone. brickfmasonrv, or a material eaual or better in qualitv; No cement block is allowed. 5. The building's exterior primary buiiding material shall be faced in durable. maintainable materials in kee�ine with the chazacter of Fort Snelling(stone, bricklmasonry, architecturailv fuushed precast concrete. stucco ar similaz materials equal ar better in quality). Materials such as unfinished concrete. concrete blocks. corrugated or sheet metal, wood or wood com�osite materials. tile panels and reflective materials aze prohibited: 6. At least twen five (25) percent of the first floor facade of any nonresidential use that faces a public street sha11 be windows or doors of cleaz or li�htiv tinted Elass that allows views into and out of the building; highlv reflective lass is prohibited: 7. Windows should be set into the exterior wa11, with no more than foriv (40) percent of the total exterior envelope beine elass: continuous bands of windows are prohibited. i. Trash receptacles and storaee sha11 be located within all buiidings. j, Outdoor storaae of products. equipment and materials is nrohibited. k. Chain link and barb wire fencing aze prohibited. �q_li6S Page 4 of 11 6. Prohibited On-Premise Si�s. The foilowin� on-uremise business signs shall be prolubited in the Shepard Davern Coxnmercial Overlav Distriet: qt� .��� a. Freestaudine signs with the exception of ground signs that have two pillazs and a ma�mum hei t of six (� feet . Crround si�ns shali be built with the same e�erior buildin� materials as the building and shall not be illuminaxed with back l;glited panels. b. Back liglited awnin sg I�ns• c_ Projectin¢ siEns. d. Flashins signs and electronic message sisns• e_ Temporarv or portabie si¢ns, except tkat merchant sign placards which sit on the sidewalk and are stored indoors aze uernutted during business hours as lon ag s the sidewalk is not blocked or reduced to less than 5 ft. f. Roof sians. g, Advertising�ns. billboards and business signs that advertise nroducts. h. Pennants. banners and trian az signs attached to strings. 7. Prohibited O�Premise Si�ns. All off-premise advertisingsigns, for examole, billboazds. bus bench siens, and bas shelter si�ns, sha11 be prohibited in the Shenazd Davern Commercial Overlav District. 8. Wall Si�ns. a. Wal1 sgns sha11 cover neithez windows or architectural trim and detail. They should be located on the bands of buildingfacades, over the entrv, over windows or between windows. b. Wa11 siu_ns located above twent�(20) feet in heiaht sha11 be limited as follows: 1. Onl oY ne sign per building, 2. Shail not face the Mississippi River. 3. Shall be limited to the corporate/business name or logo. 4. Shall not exceed seventy five 75Lsquare feet. 5. Shall not be illuminated with back li�hted nanels. 9. Window Signs. a. Permanent window siQns, without advertising, may be nainted on the surface of the window. Such signs shall not exceed ten (10) percent of ihe window glass area. Page 5 of 11 b. Temporary wiudow signs, without advertisin¢, mav be aff�ed to the inside of the window. Such si _ shall not be in piace longer than 30 davs and shall not exceed ten (10) percent of the window glass area 10. Public SidewaLks. All fron es along nublic sireets sha11 have minimum 6' sidewalks and 4ee planted boulevazds, with street trees spaced an average of one everY_thiri�(30) feet. Spacing and �xowin� medium for the boulevard trees should be desi ed for nlant health. Anv such trees must be selected for hea� deicine salt. soil compaction and drou¢ht tolerance. Along West ?th Street brick pavers shall be integrated in to the sidewalks at intersecfion corners.(reFer to illustration or diagram ) 11. Accessory Parkin�:dations. The follo � accessoty�azking reeulations shall ap�lv to the Shenazd Davem Commercial Overlav District: a. Location: All on site accessorypazking azeas and shuchues shall be located to the side or rear of the principal building or use served. b. Ouantity parkin¢ sha11 be provided as the zoningreauires for each use except as follows: 1. For commezcial or retail uses . if a transit shelter is�rovided on site then required pazking snaces shall be reduced by five (51 percent but not to exceed 5 snaces total: 2. For commercial or retail uses, required parking may be reduced by the establishment of a parkine district for the_purooses of sharingparking within one sho��g or entertaimnent area: pazldn� azeas must be cleazly identified and nrovided with dedicated uedestrian links to the street• the estabiishment of a pazking district to allow a reduction in parkin�required sha11 be subject to review and approval by the nlam�iu¢ commission. The development of shared parking is encouraeed subiect to the nrovisions of Section 62.103. c. Parkine areas frontine along nublic street shall com�ly with the following_ 1. A landscaped setback area of at least fifteen 15 feet on West 7th Street and Davern Street. twenty (201 feet on Edgcumbe Parkwav, twenty five (251feet on Shenard Road and containin�evergreen or deciduous shrubs that form a continuous screen tl�ree (31 feet in height within 2 veazs shall be orovided between the pazking area and oublic sidewalk Landscaped azeas shall be irri a�ted bv underg,round wateriug systems The City ZOning Adtuiuistrator may approve the substitution of a decorative fence, masonrY wall, berm or similaz architectural feature in lieu of up to 60% of ulanted materials. Along West Seventh Street. there shall be wrought iron fencina three feet hi h• 2. One cano�y tree at least three j� inches in caliper and one evergreen tree at least two and one-half (2 I/z) inches in caliper shall be nrovided for every tlurtv �30) feet of parkinglot frontaee Trees shall be nlanted in the landscaped area between the Pazking area and sidewalk. page 6 of 11 b. Temporarv window siens. without advertising, mav be aff�ed to the inside of the g window. Such signs shall not be in place longer than 30 davs and shall not exceed ten -�t` 10) percent of the window glass area. 10. iZlustration or dia�ram ) the Shenard Davern Commercial Overlav Disuict: a. b. or reaz of the principal buildinp or use served. follows: 1. For c narki 2. For c the nrovisions of Section 62.103. 3. two and one-half (2'/al inches in caliper shall be provided for everv thirtv 301 feet of parking Iot fronta�e. Trees shall be planted in the landscaped area between the uazking area and sidewalk. Page 6 of 11 7 10 11 12 13 14 15 16 1? 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 d. For all pazking lots which exceed 100 cars, an area equal to a roin;mum of 10% of the a� .��` pavedparking area shall be provided for interior landscaped islands For all pazkine lots with 35 to 100 cazs. an azea equal to a minimum of 5% of th�aved nazking area sha11 be Urovided for interior landscaged islands. Interior landscapin� shall be not less than 40% everu�eens and sha11 include canopv trees in islands which exceed 100 S.F. Parking lot trees must be selected for heat deicing salt, soil compaction. and drought tolerance and aze to have a�round laver of or�anic mulch and/or massin� of shrubs or living ground covers which will be managed to tolerate site conditions. e. Parkine shuctures fronting alone public streets shall comnlv with the followln,g 1. Durable maintainable materials (stone brick. architecturallv finished�recast cancrete or similar materials equal or better in qualitvl sha11 be used for �azking structure ea�teriors. 2. A landscaped setback area of at least fifteen (15) feet on West Seventh Street and Davern Street, twenty feet on Edecumbe Parkway and twentv five feet on She�azd Road shall be provided between the parking structure and public sidewalk. Landscaped areas sha11 be irrieated by undereround watering systems. 3. One canopy tree at least three (31 inches in caliper and one evergreen tree at least two and one-half (2'/Zl inches in caliper sha11 be provided for everv thirtv (301 feet of parkine stxucture frontaee. Trees shall be planted between the uazking structure and the sidewalk, or between the sidewalk and the street. 12. Landscaping Regulations a. At least fifly t50Zoercent of all landscaped areas should be planted with species native to Minnesota. b. Where nonnative species are nlanted. no exoric invasive species shall be used, far example, European buckthorn and Tartarian hone suckle. c. Wherevex possible, connect new landscape azeas to e�stina or neithborine nlanted areas far landscape connectivitv. d. In areas of screening the landscapin� shall favor planting beds of trees with shrubs in order to have u�per and lower nlant material. e. the ereatest e�ent possible, existine healthv native trees and ve¢etation shall be retained. f. canopYtrees aze defined as achieving a height of at least fi$v (50) feet at matutit� g When trees are sited in azeas where they can be datna�ed, they shall be nrotected through such measures as stakiue. flay,�*inQ or curbin� Page 7 of 11 Z Sec. 60.930. Shenard Davern Residential Redevelo�ment Overlay District ���l(�5 3 1. Purpose. The Sheoazd Dauern Residential District jSDRI is an overlav district designed to 4 uromote the redevelopment of the azea into an urban village residential district b�g 5 attracrive examples of higher densi multiple familv housingwitY�. nedestrian-friendiv sireets and 6 community amenities. 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 39 40 41 42 43 44 45 46 47 48 49 2. Established Boundaries. The boundaries of the Shepazd Davem Residential Redevelopment Overlay District shall be the azea shown on the official zonin�a� 3. Conditional Uses. All principal uses pemutted subject to special condifions shall be reviewed for approval bkthe�lanuiug commission: a. For incorporation of accessor�parkin�underground or within a non parking shucture: three (31 feet for everv ten f 101 percent of total parkine requirement. b. For landscaped open s ap ce or plaza provided in addition to setback and pazkine area requirements: three (3) feet for everv two hundred {200] s9uare feet. c. For landscaped open space fronting alongShepard Road: one half ('/2� foot for everX three (3 inch caliper canonv tree or evergreen iree planted within a_pervious area of two hundred j200) sguare feet. 4. BuildinQ ReQUlations. The followin� buildin� regulations shall pertain to the Shepard Davern Residential Overlay district. a. Building heig_hts shall be limited to six t6) stories but not exceed si�tv-five (65) feet outside the river corridor zone. b. Minimum site size shall be two �2� acres. c. The totai number of rooms (not includin� kitchen, dinine and sanitary facilitiesl shall not be more than the area of the parcel in sauare feet, divided by five hundred twentv five 525 . d. The maximum percent of a lot occu�ied bv main buildine shall be forty five (451 erU CErit. e. All buildin�s shall haue at least one prominent roedestrian entrY oriented to the parkwav or street. f. Buildingdesian and materials shall enhance the historic character of this area of St Paul, with a�prouriate relationshins to Fort Snelling and Fort Road jW 7th1, as follows: 1. a cornice or material trim line shail be established defining the buildin� base as a�proximatelv the first floor; 2. a cornice line ar eaue line shall be established defining the tov of the building: Page 8 of 11 3. the build'an� base shall be faced in stone, masonry, or a material equal or better in �,\(�s C�U3111V: • 4 4. the building's eaterior primaty buildin� material shall be faced in durabie 5 maintaivable materials in keeping with the chuacter of the existin¢ residential azeas• 6 materials such as wiGuished concrete. concrete blocks. corru�ated or sheet metal. 7 wood composite materiais. tile nanels and reflective materials are prohibited: 8 9 5. Buiidings shail avoid blank street walls. 10 11 6. Where nossible the first floar facade facing a public sireet shall have windows or 12 doors of clear or li�v tinted glass that allows views into and out of the buildin� 13 highlv reflective lg ass isprohibited. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 7. Trash receptacles and service azeas or entries shall be screened with the same materials used on the building exterior. 8. Chain link and barb wire fencing is prohibited. 5. Public sidewalks. All frontages alone nublic streets sha11 have minimum 6' sidewalks and tree planted boulevards, with street trees spaced an avera�e of one everv thiriv !30) feet. S�acing and rg owing medium for the boulevard trees should be desiQned for plant health. Any such trees must be selected for heat� deicine sa1t, soil compaction and drou�ht tolerance. Along West 7th Street brick pavers shall be integrated into the sidewalks at intersecfion corners. 6. Accessorv Parkin� Regulations. The following accessor�parking reeulations shall a�plv to the Shepard Davern Residential Overlay District: a. Location. Ail on site accessorv pazkina_ azeas and structures shall be located to the side or rear of the principal building or use served. b. Pazking areas frontine along,public streets shall com�ly with the foliowing. 1. A landscaned front setback area of at least 25 feet containing evergreen or deciduous shrubs that form a continuous screen three (31 feet in height within 2 vears shall be provided between the parking azea and the public sidewalk. Landsca ep d azea shall be irrieated bv undereround waterine sYstems. The Citv Zoninp Administrator may consider the substitution of a decorative fence. masoniywall. berm or similar azchitectural feature in lieu of nlanted materials. 2. One canopy tree at least three (31 inches in caliper and one evergreen tree at least two and one-half (2'/21 inches in caliper shall be provided for every thirty (30 feet of parkine lot fronta�e. Trees sha11 be planted in the landscape between the parkin* area and sidewalk. c. Parking structures frontin* alon�public streets sha11 complv with the followine: Page 9 of 11 1 1. Durable maintainable materials (stone, brick. architechually finished precast ���� 2 concrete or sunilaz materials equal or better in qualityZshali be used for pazking 3 stnxcture e�eriors. 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 39 40 41 42 43 44 45 46 47 48 49 7. 2. A landscaped setback azea of at least riven five (25) feet shall be rorovided between the pazking structure and pubiic sidewalk. Landscaped areas shall be irrigated bv underground waterine svstems. 3. One cano�Y tree at least three (31 inches in caliper and one ever�reen tree at least two and one-half (2'/2) inches in caliper shall be provided for every thirtv (301 feet of pazkins structure frontaQe. Trees shall be planted between the parking structure and the sidewa]k_ or between the sidewallc and the street. d. For all parkine lots thaY exceed 100 cars. an azea equal to a murimum of 10% of the paved parkin�? area shall be urovided for interior landscabed islands. For all roazkin lots 35 to 100 cars. an area equal to a xniuinium of 5°/a of the paved�arking area shall be provided for interior landscaped islands. Interior landsca�� shall be not less than 40% everg_reens and shall include canopv trees in islands which exceed 100 S.F. Parking lot trees must be selected for heat, deicinu sa1t, soil compaction, and droueht tolerance and aze to have a eround layer of organic mulch and/or massing of shrubs or livingground covers which will be manaeed to tolerate site conditions. Landscaping R�lations. a. At least fift�.(50) percent of all landscaped areas should be ulanted with snecies native to Minnesota. b. Where nonnative s�ecies aze planted. no exotic invasive species shall be used. for example, Euro�ean buckthorn and Tattarian honevsuckle. c. Wherever possible, connect new landscape areas to existin� or nei h� borin� planted areas for landscape connectivitv. d. In areas of screening, the landscaping shall favor plantine beds of trees with shrubs in order to have upper and lower plant material e. To the ereatest extent possible. e�stine healthy native trees and vegetation shall be retained. f. Canopv trees are defined as achievine a hei ht of at least fift� (50) feet at mahxrity, g, When trees are sited in areas where thev can be damaged, thev sha11 be protected throu such measures as stakiu .��ing or curbin� Page 10 of 11 1 q„� tb5 2 Section 2 a 3 4 This ordinance, pertaining to the Shepard-Davern Commercial and Residential 5 Redevelopment Overlay District, shall take effect tUirty (30) days after the last of the following b events sha11 have occurted: a) passage, approval and publicarion as required under City Charter 7 Chapter 6; (b) approval by the appropriate state agency of the proposals herein as required under 8 Mu�n. Ru1es 4410.9500, Subpart 1 and Minn. Stat. § 116G.04. 10 11 12 13 � . �:: :. � ''' ,�. Adopted by Council; Date e� l l�{ } Requested by Department of: $Y: Fosm Approv d by City Attosney B ?"�i !✓lJ.r+.�-. 12-�6•5� Adoption Certified by Council Secretary Approved by Mayor Eox Submission to Council $ Y' P �� "���. B Y' Appro d by Mayor: Date �(`� By: � �� � ��,----� � S ��;� ^,� ,� I� �� »> q�-���s � � ' 1i ; ��. � ; � �=� �� o ,�� � � �, � � � �� � Q � � � ��� ,. ��� i �� 1 � � a. ��'�, c� L � � � - � ;�, - > � � �;! � . r--, � �`-' J- '' ' ; a '�l�'i1�� -- m ��� _� ?� z � � r � � �v � ��:��: �� �: �� �:��� .t ��..:��: :�� � . � :.:.:.> ;;:��;;,� �::::::: � �� ���� - „� � �. _ �, i �;' � ; - == - _� �J���--_ �� - �; �� ��� �� � �, �� �� �u�'� � � � ; � '� �� �� �- � � � �� I ,; \����� --, �� � � ����:�::::�-::-�--: � ��,,:��::.:.:.. :� ;;, ;,;,; .. ....�...:: : •f• `(`;: �;. ,;..:; :,�� :•���' '•'•:•� , .��•.��'•: :•.�'`� � �::���.�:�:�:�: � � . i / �� _� �--_� � ^ � �- �J �� H� � f-,^ Z� �� �� �� � � :�; ,�_� , , ' �� , f� � �i ,� � N 0 t� � � � � � �� O � � �, � � � � � � � � � � t L � � � � � �\ � ��� � I � �I �i �\ j � l�_j.__� � � � � � � � � I I � �. ;��� , � � T� � � ,v i � \ � , , �� \ �, �, , . � , aeia , �c�a�i .�/59`�6 i�C�967►�5 , l0G�14�771��� t��fGE��601 � � ��� -__I� I� �� � � � � r_� � � f1- \ L � I ;��� �o � � � �� � P � � � � � � � �� � , „-- � , J r � � �'� �n � ��_ _l I 1 i LJ �� � �J � `--�-' \ ���\�� _ � =� ` 1--; _ _ "-� - � .� N N � `_ � � , , ..� �� � —, �^ q�_tl�S � �L �� ;� �, m �N � U � ,� C�l \ :�� �� U Z� � � �� � /' \ �.. / R9 � flGS council Councilmember Mike Harxis 11-24-99 11-24-99 TOTAL # OF SIGNATURE PAGES GREEN SHEET OQMT16(! O�tFCIOR No 1 �4k� 89 ._o r_%7 FOR ❑ CffYa1SOI11EY ❑ pfYCl81K ❑ quxue�amvrFSOn ❑ wuxcu�mm.cc.o ❑ r�voielortwtssrmx� ❑ (CUP ALL LOCATIONS FOR SIGNATURE) An ordinance adding a new subdivision to Saint Paul Legislative Code Chapter 60, Division 5, entitled "Special Districts," establishing commercial and residentisl redevelopmant overlay districts in the Shepard-Davern area. PLANNING COMMISSION CIB COMMITTEE CN14 SERVICE COMMISSION �7;L1'l�t7i DISADVANTAGES IF Nas this P�sonlA(m everwwked untler a condact tw Mis department? YES NO Hes ihie Persor✓firm Mr been e citY emPbYee7 YES NO Does this Ga��m 0� a skill not nwma��YP�eseO bY �Y cunent citY emploYee9 YES Nd IsVifspersoNRrmaWrpstetiventlM � YES t� OTAL AMOUNT OP TRANSACTION S JNDING SOURCE COST/RhVENUE BUDGETED (qRCLE ON� � ���r�:r.n�*ni:� YEE NO NNCVLL MFORMATION (IXPWt� N � � I � W � f � ��� �� Interdepartmental Memorandum CI'TY OF SAINT PAUL I3ATE: TO: FROM: RE: Nancy, December 17, 1999 Nancy Anderson Peter Warner i����j�� �-�-�..,,-----� �� U �� ` � l�5 Additional sheets far inclusion into the Shep/Dauern Overlay Ordinance The attached were left in my mailbox this morning. They should be attached to the ShepJDavern overlay ordinance that I drafted and submitted to you yesterday. Thanks. PWW ��-ti��s ,, �, �� � � �� 0 � �� � � � � � a �� o� � `� � �� � a � � � �. ! � �I ` �� v _.�`�� � ��� �� �:�.�.� �.:. ,�. ���; - - � � `�.�'�.'\, _ \ ��O e ��� �� �� � � � _� _� _ �:`: :\ � :\ . � �� ���:�: ��� � :�� o : ,� .���� � � ������ r-,^ � � � � � ,, �� a� � �� , � -itc�s � N � 's= - �A —� � � J\ \ � � � � I � \/ I � � � � I � � � �� = oo � � ■� � � o��� N � i � � � ` � � � i L ' a � ' � � �� F- � a � > ! � � � `' � a �� �. � � � � � � �� �� � ,� 1 \�� � � C � �O N IN N �� � � � � � �� '� � � � � � J � ICI I.�� IC�AZI A�Gq�i�! . /E7�ibfN: , O�i�N'�9C�P lR��G/.51�901 ;� � ��--\ �� ������ �� Council Member Harris Deceznber 15, 1999 Amendments to Shepard i Davern Overlay District �� - ( 1� A. Page 2, lines 7-13: Plauuing Commission suggesfion; delete and replace with: °The Shepard Davern Commercial District (SDC) is an overlay district designed to promote the redevelopment of the area into a mixed use urban dishict combining commercial uses, hospitality facilities and housing. Redevelopment in the district shall be designed to enhance the livability of the area, to reduce adverse traffic and pazking conditions and to create building uses and space consistent and compatible with the azclutecture of Saint Paul and the scenic features of the area. The district is also designed to increase green space and maxm;�e vegetafive plantings throughout the district and provide tree-lined corridors along West Seventh, Shepazd Road and the proposed Edgcumbe Parkway. B. Page 2, line 31: Add a new sentence. "Exceptions are those auto convenience markets and auto service stations that are not freestanding and are integrated into either hotel, office, or pazking ramp structtxres," C. Page 3, line 2-16: Delete Staff suggests deleting this section pending study of entire River Corridor and completion of the new River Corridor plan over the next six months. Staff hopes to work with the state to address the economic and environmental issues associated with increased height limits and believe that a decision today would preclude discussion on Saint Paul's entire river corridor. D. Page 3, line 21 should read as: a. Minimum xedevelo�ment site E. Page 3, line 26 should read as: 2. Within the remainder of the overlay district, the minimum redevelopment site size shall be one (1) acre. F. Page 4, line 9 change fifteen (15) to twenty-five (25) G. Page 4, line 13 change fifteen (15) to twenty-five (25) H. Page 4, line 27 insert "scenic and" between "the lustoric" I. Page 4, lines 45-46 line 45: insert "stucco" after "architecturally finished precast concrete" line 46: delete " Stucco as a secondary buiiding material is permitted." J. Page S, lines 23-36 delete for same reason as (C) above. Council File # � � � � (e C j Ordinance # Presented By Refened To Green Sheet # � pq ORDINANCE CITY OF PAUL, MINNE�OTA a� ,� , � , � � � �� •������ �� �t � & Committee Date : An ordinance adding a new subdivision to Saint Faul Legislative Code Chapter 60, Division 5, entitled "Special Districts", establishing co erc and residential redevelopment overlay dis cts in the Shepazd-Davern azea. THE COUNCIL OF THE CITY OF Section 1 That Saint Paul Legislative Code Chapter 60 be Redevelopment Qverlay District Sec. 60.910. General Provisions 1. 2. DOES ORDAIN hereby amended by adding the following: zoning district or the e�stine overlav district, the�rovisions of the redevelopment overlay district shall�overn. 3. Established Boundaries. Redevelopment overlav distriet boundaries sha11 be as specified in desienation shali be shown on the zonine map (Attachment A1 in addition to the underlving ��' 1 `� O5 zoning district desig,nation (Attachment B). Sec. 60.920. Shenard Davern Commercial Redevelopment Overlay District 1. Purpose. The Sh�azd Davem Commercial District (SDCI is an overlav disirict designed to promote the redevelonment of the azea into a miYed use urban villase district combining commercial uses, hospitalit�facilities and housing.. The development shall be desi ied to / Edgcumbe Pazkway, 2. Established &oundaries. The Redevelo�ment Overlay District s 3. Permitted Uses. In addition 1 following uses shall be pernutted : a. Hotels and hotel conferen� h�ht and have a minimu shall onlv be provided bv b. Hieher densiry muitinle f� 4. Prohibited Uses. The follow Overlav District: a. Automabile sales and sen and auto specialty stores. b. Freestanding and drive ttv c. Recvcling dro�off statior, d. Currenc exchan e b ma e. Pawn shons. f. Communi transitiox g Veterin clinics. h. Cell tele hone antenn i. eestandin li uor establ Page 2 of 11 qq - tiVS 5. Conditional Uses. Principal uses withiu ffie eacistin� River Corridar Zoning District RC-3, may exceed the forty140 foot heig rt limit for 35 percent of the total lot area up to a maxiiuum of si -five 65 feet subject to the special conditions hereinafter imposed. All principal uses permitted subiect to special conditions shall be reviewed and approved bv the planniug ! commission. f a. For incorporation of accessory parking underground or above ground, within a non � c. requirements: three j3Zfeet for every two hundred (200�square feet. square feet. b. BuiZdingReQZtlatzons. The fbllo� Davern Comxnercial Overlav district. a. Minimum site size shall be as follows: 1. 2. b. Bu c. '� developed as one site. outside the river corridor zone. i. 2. 3. recommended to be spaced no more than 30 feet apart with allowances for entries and Page 3 of 11 aq-��c.s signage view comdors Infill landscapin� to include understory trees or shrubs with at least fifty (SQ�percent of ail species native to Minuesota. 4. West 7t° street from Wheeler to Dauem Street shall have a setback not to exceed 25 feet. Infill landscap include canopy trees, understorv trees or shrubs with at least fift�(501 percent of all species native to Minnesota 5. 6. e. Si of all species native to Minnesota. Minnesota. Minnesota. f. At least fifty (Si� percent o: fronted bv buildin¢s. g. Buildings on Edgcumbe Pa one prominent pedestrian e� h. Buildin� desien and materi; with appropriate relationshi to illustration or diagram ) i. For buildings ereater th; the building base, locate the building meets the e 2. A cornice line shall e 3. Cornices shall be low� than fifteen 15 inches• 4. The buildi base shall in uali • o cement b. 5. The �Idin¢'s e�erior such as iuifini.shed concrete, concrete blocks, corrugated ar sheet metal, wood or wood com�osite materials. tile paneis and reflective materials are prohibited; Page 4 of i l qq -I l�5 6. At least twentv five (25) percent of the fust floor facade of any nonresidential use that faces a public street shall be windows or doors of clear or lightly tintedglass that allows views into and out of the building; highly reflective l�ass is prolubited; 7. i. Trash receptacles and stotage shall be located within all buildings. y Outdoor stora�e of products. equipment and materials is nrohibited. k. Chain link and barb wire fencin� are prohibited. 7. in the Shenazd Davem Commercial Overla�District: s. rreestanamg siens witn tne maxiuium height of six (61 buildin2 materials as the bt b. Back lighted awning signs. c. Proiectingsians• d. Flashing si.�ns and electron e_ Temporary or.portable sien sidewalk and are stored ind sidewalk is not blocked or : f. Roof si¢ns. g, Advertisin si s billb'oaz h. Pennants banners d triaz 8. Prohibited O -Prer.ise Signs. bus bench si s and s shelter si Overlay Disirict. 9. Wall Si s 1. Onl one sign �er buIlding Page 5 of 11 2. Shall not face the Mississippi River. 3. Sha11 be 1'vmited to the corporate/6usiness name or loeo. 4. Shall not exceed seventv five (751 square feet. 5. Shall not be illuminated with back lighted panels• 10. Window Si�rs. a b. 11. P� (10) bercent of the window glass area. illustratian or dia�ram ) a. Locatior or rear o b. uanti follows: 1. For c p�'� 2. For c a. A landscaged setback area of at least fifteen (151 feet on West 7th Street and Davern Street. twenty�201 feet on Edgcumbe Pazkwav, twentv five (251feet on qR -t 1c.5 Page b of 11 �tq -1145 Shepard Road and containing eversreen or deciduous shrubs that form a continuous screen three �3� feet in height within 2 yeazs shail be provided between the parking area and public sidewalk. Landscaped azeas shall be irrigated by undereround fencine three feet hieh. 13. Page 7 of 11 / d. e. f. g: Sec. 6( 1. P� order to have up}�er and lower nlant material. qq -t1�.5 retained. through such measures as staking, flag��ing or curbing community amenities. 2. 3. a. b. c. 4. Bz Daven a. b. c. Page 8 of 11 d. The maximum percent of a lot occunied bv main building shall be forLy five (45� aq _�tVt� erp cent• e. All buildings shall have at least one prominent pedestrian enhv oriented to the parkway or street. f. Buildin�desigu and materials shall enhance the historic chazacter of this azea of St Paul. with�nro�riate relationships to Fort Snellin#� and Fort Road f W 7thl. as follows: / 1. 2. 3. 4. 6. 7. 8. 5. Public � k� b. appro�matelv the first floor: uali • 5. Buildings shall avoid blank street walls. hishly reflective la� ss is prohibited. A landscaped front setback area of at least 25 feet conta.ining ever een or deciduous shrubs that form a continuous screen ihree (3� feet in heiaht within 2 vears Page 9 of 11 qq-t«.5 shail be�rovided between the pazking area and the public sidewalk. Landscaped area shall be irri as? ted by underground waterin� svstems. The Citv ZoningAduiinistrator mav consider the subsritution of a decorative fence, masonrv wall. berm or similar azchitectural feature in lieu of planted materials. 2. One cano�v tree at least three !31 inches in caliper and one everereen tree at least two and one-haif f2'/zl inches in cal�r shall be provided for everv thirtyS301 feet azea and sidewalk. c. 1. structure e�eriors. 2. under�round waterine systems. 3. � 7. Landsca�ing Regulations. a. At least fi 50 er to Minnesota. b. Where nonnati e s i exam le E ean bw a VJherev r ossible co� areas or landsca e co� d. azeas of screening, t order to have upper and lower plant material Page 10 of 11 c. Wherever possible, connect new landscape azeas to e�stin ag r neiEhborina planted areas for landsca�e connectivitv. � Section 2 aq-���s This ordinance shall take effect thirry (30) days after the last of��'following events shall have occurred: a) action by the council after its receipt of a report fr the planning commission on the proposals herein as required under Minn. Stat. § 462.357, S�ibd. 4; b) approval by the appropriate state agency of the proposals herein as required un�Minn. Rules 4410.9500, Subpart 1 and Minn. Stat. § 116G.04; c) passage, approval az}fl publication as reqaired under City Charter Chapter 6. f Requested by Depaxtment of: By: Adopted by Council: Date Adoption Certified by Couyfcil Secretaxy By: d. In areas of screenine the landscapin¢ sha11 favor piantine beds of trees with shrubs in order to have upper and lower Diant material e. To the greatest eatent possible, eyistin h� ealthv native trees and vegetafion shall be retained. f. through such measures as sta.kiite.�gine ar curbing Form Appro ed by City Attoxney s �/".rfr� ��M..�r--. 1( _ 1 �( —r 1 9 Approved by Mayor for Submission to Council BY: Approved by Mayo� Date BY: _ q9-rk�s � F li t ,1 ,y a r � � � N �� (_ V � 'T v �US�� EDGCUM$L' PRESBYTERIAN CHUktC;H Cyxrhia L Ray, Pasror 214fl Ed�cwnf>¢ Road St Puu1, Minntcr�ta tSTlb CPorrch l�l21698-822Q pecember 8, 1994 TO: City Council Yiembers FR4M: Cvnthia L, itay, Co-Chair, GT�' for Affordabla Housing R.B: Shapherd-Davern Small Area Pien Rc-Zoaing Requests: Publit Iieatin� I commuaiceft oa ]xhaif of the Gat�w� Inter-1� sit6 Table for Affordsble HoasinY (CtIF1), a commnnity-bascd gronp aetive in the prwarvation and creaGan o£ affordable hou�ing in the Shepard-Davem Ama Our membars inaludc cicrgy nnd iny leadars of arra churches and staff members of JeRish Community Action and th� St. Paul Area Councii of Churches. Most of our mdnbers ere residcnts of Higiiland Parlc. 'l1�'e appwi to you, as you consider the upcomiag request for rezoning in tha Shepard-17avern Area Pian, to remembet ihe city council's comautrnent to incaease affordaMe housing in St. Paul, particularly, tho action teken in 5eptcmber with regard to t6e 3hepard-Davern Azaa Plan wbich insures that dispiaced housin� be replacxd and new affotdable housing added. We are especiaily coactrned that this commitmant cvi11 be greatiy compromised by the n-zoning proposals coming before the councit. In particular: 1. That tha requast to ra-mne pmporty currently occuQiad by ovor 40 homas from residential to aommacciel does nat provide for repleoem�t of this housing anywharo in the m�ea. 'We understand that the curre�rt owners of thC house8 ate free to set! ard relooate a8 they ahop&a However, without a replaaement plen in place, this rezoning will result in a net loss af housing in thc Shephcrd-Davcrn erce. We aek that you wiU eupport any re�oetag reqaeat unty tt thoro is fn plaee a plan for nptacemeat housiuq. 2. That whilc thc issue ofr,aising heigxet-restrictions along the MississipQi River Corridor at first glance seems uneelated W kousing p:nvisions, in fact, a blaakct chansc silowing for taller buildings has the potentisl to incrcasc markct vatuc of thcsc propccries to prices unreschablo hy hausing devotopers, thereby making it feasibk only for commcreieil dcvelopers. Tlils patcntielly eteetcs future rcqucsis for zoning ohanges and dimisusius available housing development options. This Qotentiai can also isoLxte the cuacnt affordable housing, particularly aro�md 5ibley Maaor making ie uareasonable to ma;nra;n ay � residontial zone. The media ead other ittvtsted pardes have attemptad ta ctescribe the debau as davelapment vs. environment. This per�pecrive o�ersimplt8es the disagreement and overlooks the reasoas wiuch height resuictions were ariginally placed, to presern the livability of the neighbodeaads along thc rivcr, sud thc appeal fox [esidetttiai develapers to enter our housing market. We ask that you will aphold the eurrent heigkt rcatr[celona 3n ordcr to mxiutAtn tke area aa vtabk for reaidant�l devekpment, enpeciatly potcatisl devcbpers of low-cost affordsble hoesing. You atl arc eware of t!u need and demand for housing ia Higbland Park at all cconomic levels, but eape�iaRy for low-inaome citizens and for fuced-income aeniots. Theea '�ery peaple are memhecs of our synagogues, chwches and comsnunity. Ne have appreciated your support in past Qouncil dacisions tegazding the 5hepherd- Davern Azea I'Ian. 'Wa liapa that you will coatinuc your &te representatioa of the rosidents of Waa3 3 who are working together to bttild e viable, diverne and livable commuaity. �q_11�5 ��° : �ew�sH commuNiTr ACTION s2i wesr w� STREEf SUITE 209 MINNEAPOLIS MINNESOTA 55408 PHONE(612) azz- i 4az Fsoc (612J December 8, 1999 Dear St. Paul Council Person: Jewish Community Action and the Gateway Interfaith Table for Affordable Housina feel strongly about two significant issues being discussed (Item #31) at this evening's public hearing. Issue 1: No plan to replace the nearly 50 units of housing to be demolished under the Christenson Redevelopment • In light of the severe Twin Cities-wide affordable housing crisis, it is politically and socially unwise to destroy more units of quality housing. We agree that these units must come down in order for the Christenson redevelopment to occur, but it is a necessity to have replacement units before the demolition of nearly 50 more units begins. • Past conversations with PED staff, highlighted that Christenson was interested in building a mixed-use development. Parinering with a non-profit housing group, would provide an opportunity to replace some of the demolished units on-site — while simultaneously building some of the 1,000 new units of housing that are cailed for in this small area plan. 822-1445 Issne 2: Height restrictions along the Mississippi River Corridor EMA�� ��,@ • There is an assuxnption underlying the proposal to remove the 40 foot height """ restriction along the River Corridor: without eliminating this protection economic development will not happen. • The Zoning Overlay was not adopted by the Shepard Dauern Task Porce. These additions were added by PED staff in direct conflict with the xecommendations of the Task Force. • The proposal to eliminate the 40 foot protecfion is in direct violation of the Shepard Davern Gateway Small Area Plan — which has already been passed by the Shepazd Davern Task Farce, Highland District Council, St. Paul Planning Commission, and the St. Paul City Council. • This site is on the river bluff facing: Crosby Farm Regional Park, Fort Snelling, Fort Snelling State Park, Hidden Falls Park, Mississippi and Minnesota Rivers. Do we want high-rise office buildings to be what tourists see on the other side of the river in St. Paul? • A variance, allowing heights over 40 foot, procedure already exists under this pian. The City Council has the right to judge project-by-project. • Eliminating the height restriction in this area puts housing at a great risk. Raising the height allowance results in the land being mare valuable for commercial purposes than for residential purposes. The resuit of this is that the market will dictate that housing would not be the best use of this 1and. This thinking puts into jeopardy ten more apartment buildings and dupiexes and 23 . . ��- � z �s homes that are located witlun the Corridor. Sibley Manor is also then at risk, because it would then be surrounded on ali four sides by commerciai uses. A majar tenet of the Small Area Plan was the preservation of Sibley Manor — its 550 units are the home to more than 1500 residents. Sincerely, Shimon Walner JCA and Gateway Interfaith Tahle for Affordable Housing Member PLANNING WMM[SSION CTTY OF SAINT PAUL Norm Coleman, Mayor December 6, 1999 Mayor Norm Coleman Third Fioor, City Hall Saint Paul, Minnesota 55102 �a-���s Gladys Morton, Chair � /r�i� .�/ 25WestFourthSheet Telephone�651-266-6565 Saint Pau1, MN55702 Facsimile. 657-228-3314 Re: Shepazd Davern 40-Acre Rezoning and Redevelopment Overlay Districts Dear Mayor Coleman: In August, 1997, the Saint Paul Pianning Commission initiated a 40-Acre rezoning study of the Shepard Davern area. On November 19, 1999, the Planning Commission held a public hearing and on December 3, 1999, recommended that proposed rezonings and redevelopment overlay districts within the study area be adopted. The Planning Commission's resolution is attached. The recommended rezonings and redevelopment overlay districts are intended to meet the inient of the Shepard Davern Gateway Small Area Plan and Saint Paul Gateway Project which was adopted by the City Council on September 22, 1999. In addition to the study's recommended land use rezonings, the redevelopment overiay districts make recommendations in regard to pemutted and prohibited uses, special conditions for some uses, building regulations, sign regulations, pazking facility design and landscaping regulations. On behalf of the Saint Paul Planning Commission, I am pleased to transmit this amendment to you. I ask that you forward the recomxnended amendment to the Ciry Council for its consideration and action. S � y �y f�mr,o��- any Soderholm ��lanning Administrator CITY OF SAINT PAUL Norm Coleman, Mayor December 6, 1994 Council President Dan Bostrom and Members of the City Council Third Floor, City Hall Saint Paul, Minnesota 55102 �. , �. ��'�� � � /%�t� - � ..- . 390 City Hall Telephone: 657-266-8510 lSWestKelloggBoulevard FacsimiZe.651-218-8513 Sarnt Pau7, MN55702 Re: Shepard Davern 40-Acre Rezoning and Redevelopment Overlay Districts Deaz Council President Bostrom and City Council Members: In August, 1997, the Saint Paul Planning Commission initiated a 40-Acre rezoning study of the Shepard Davem area. On November 19, 1999, the Planning Commission held a public heazing and on December 3, 1999, recommended that proposed rezonings and redevelopment overlay districts within the study azea be adopted. The Planning Commission's resolution is attached. The recommended tezonings and redevelopment overiay districts are intended to meet the intent of the Shepard Davem Gateway Small Area Plan and Saint Paul Gateway Project which was adopted by the City Council on September 22, 1999. In addition to the study's recommended land use rezonings, the redevelopment overlay districts make recommendations in regard to permitted and prohibited uses, special conditions for some uses, building regulations, sign regulations, parking faciliry design and landscaping regulations. I am pleased to transmit this amendment to you. Sin erely G co �� K..� Mayor � } city of saint paul planning commission resolution file number 99-88 date December 3> 1999 �`� - L(GS Shepard Davern Area Zoniag Amendment Whereas, on August 22, 1997, the City of Saint Paul Planning Commission adopted a resolution (file number 97-63) initiating a 40-acre study of the zoning regulations relative to the Shepazd Davern area; and Whereas, the Planning Commission held a public hearing on the proposed Shepard Davern 40- acre Rezoning and Redevelopment Overlay Districts at its November 19, 1999, meeting and discussed the amendments at its December 3, 1999, meeting; and Whereas, the Planning Commission has determined: That the number of real estate descriptions affected by the amendments renders the obtaining of written consent impracticai; • 2. That a determination has been made that the proposed amendments to the Zoning Code are related to the overall need of the community, to the existing land use, and to plans for future land use; and / � That a survey of an area in excess of 40 acres has been made; That pursuant to State Statutes proper notice of the hearing was given in the Saint Paul Legal Ledger on Octo6er 27, 1999 and the Saint Pau1 Pioneer Press on October 27, 1999. NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission recommends approval of the zoning code amendments in the "Shepard Davern 40-Acre Rezoning and Redevelopment Overlay Districts"stucly pertaining to land uses in the Shepard Davern azea and directs the Planning Administrator to forward the study and this resolution to the Mayor and City Council for their review and action. moved by Fari°y seconded by in favor Unanimous agaz�s� q�-�t��l s� SHEPARD DAVERN 40-ACRE REZONING AND REDEVELOPMENT OVERLAY DISTRICTS � December 3,1999 � • �� -<« REDEVELOPMENT OVERLAY DISTRICTS I. GENERAI. PROVISIONS A. Intent. Redevelopment overlay districts aze established to maintain a unique, character, to promote economic development potential, to encourage development of urban vlllages with pedestrian and transit oriented design, to promote mixed use development, and to protect the public health, safety and welfaze of the designated districts. B. Establishment of Redevelopment Overlay Districts. The redevelopment overlay district names are: SDC Shepard Davem Commercial Redevelopment Overlay District SDR Shepard Davern Residential Redevelopment Overlay District • C. Relationship to Other Applicable Regulations. Property located within a redevelopment overlay district shall be subject to the provisions of the primary zoning district, e�sting overlay districts and the new redevelopment overlay district. Because redevelopment overlay district regulations may be more or less restrictive than the primary zoning district and existing overlay districts, where provisions of the redevelopment overlay district conflict with either the primary zoning district or the existing overlay district, the provisions of the redevelopment overlay district shall govern. A. Established Boundaries. Redevelopment overlay district boundaries shall be as specified in the individual redevelopment overlay district regulations. The redevelopment overlay district designation sha11 be shown on the zoning map (Attachment A) in addition to the underlying zoning district designation (AttacYunent B). ' II. SHEPARD DAVERN A. Purpose. COMMERCIAL The Shepard Davem Commercial District (SDC) is an overlay REDEVELOPMENT district designed to promote the redevelopment ofthe area into a � OVERLAY DISTRICT mixed use wban village district combining commercial uses, hospitality facilities and housing. Redevelopment in tfie district shall be designed to enhance the livability of the area, to reduce adverse traffic and pazking impacts and to create building uses and space consistent and compatible with the architectiue of Saint Paul and the scenic features of this azea. The district is also designed to increase green space and m�imize vegetarive plantings throughout the district and provide tree lined corridors along West Seventh, Shepard Road and the proposed Edgcumbe Parkway. B. Established Boundaries. The boundaries of the Shepazd Davern Commerciai Redevetopment Overlay District shall be the area shown on the official zoning map. C. Permitted Uses. In addition to the uses permitted within the primazy zoning district, the following uses sha11 be permitted in the Shepazd Davern Commercial Overlay District: 1. Hotels and hotel conference facilities. Ali hoteis shall be at least three (3) stories in height and have a uiinimum of � one hundred (100) rooms. Patr�on access to hotel rooms shall only be provided by a central interior corridor. 2. Higher density multiple family housing with or without mixed streeY level commercial uses integrated with development. D. Prohibited i)ses. The following uses shall be prohibited in the Shepazd Davern Commercial Overlay Districf. 1. Automobile sales and service centers, auto convenience markets, auto service stations and auto specialty stores. 2. Freestanding and drive thru fast food restaurants. 3. Recycling drop off stations. 4. Currency exchange businesses. 5. Pawn shops. 6. Cellulaz telephone antennas not located on an e�sting structure. 7. Freestanding liquor establishments. E. Condifional Uses. Principal uses within the exisring River Comdor Zoning District RC-3, may esceed the foriy (40) foot height limit for 35 percent of - 2 .. _.. �L`t - t tc�5 CJ the total lot azea up to a masimum of sixty -five (65) feet subject to the special conditions hereinafter imposed. All pernutted and principal uses subject to speciai conditions shall be reviewed and approved by the planning commission based on their compatibility with the purpose and design requirements of the district. The following requirements must be achieved for such authorized additional height: 1. Far incorporation of accessory parking underground or above ground, within a non parking struchue: three (3) feet for every ten (10) percent of total parking requirement. 2. For landscaped open space or plaza provided in addition to setback and parking azea requirements: three (3) feet for every two hundred (200) square feet. 3. For landscaped open space fronting along Shepazd Road: one half ('!z) foot for every tluee (3} inch caliper canopy tree planted within a pervious area two hundred (200) square feet. r 1 ►_J F. �nilding Regulations. The following building regulations shall pertain to the Shepard Davern Commercial Overlay district. 1. Minimum redevelopment site size shail be as follows: a. The azea bounded by West 7th Street, Davern Street and Norfolk Avenue shall be developed as one site. b. Within the remainder of the overiay district, the minimum redevelopment site size shall be one (1) acre. 2. Building heights shall be limited to six (6) stories and not exceed sixty five (65) feet outside the river corridor zone. 3. The ma�timum floor azea ratio shall be three (3). 4. Front setbacks shall be as follows: � a. Shepard Road shall have a minimum setback of 25 feet with a planned canopy of trees. Canopy trees are recommended to be spaced no more than 30 feet apart with aliowances for entries and signage view corridors. Infill landscaping to include understory trees or shrubs with at least fifiy (50) percent of ail species native to Minnesota. Driveway cuts onto Shepazd Road are discouraged. b. Edgcumbe Parkway shali have a minimum setback of 20 feet with a planned canopy of trees. Canopy trees are recommended to be spaced no more than 30 feet apart with allowances for entries and signage view corridors. Ittfill landscaping to include understory trees ar sbrubs with at least fifty (50} percent of all species native to Minnesota. c. West 7 street from Mississippi River Boulevard to Wheeler Sireet shali have a minimum setback of 25 feet with a planned canopy of trees . Canopy trees are recommended to be spaced no more than 30 feet apart with allowances for entries and signage view corridors Infill landscaping to include understory trees or shrubs with at least fifty (50) percent of all species nafive to Minnesota. d. West 7"' street from Wheeler to Davern Street shall have a setback not to exceed 25 feet. Infill landscaping to include canopy trees, understory trees or sluubs witl� at least fiRy (50) percent of all species narive to Minnesota e. Front setbacks on the remainder of West Seventh Street shalt not exceed fifteen {15) feet. Infill landscaping to include understory trees or shrubs with at least fifry percent of ali species native to Minnesota. f. Front setbacks on Davem street shall not exceed fifteen (15) feet, Infill landscaping to include understory trees or shrubs with at least fifiy percent of all species native to Minnesota. 5. Side setbacks shall be a minimum of ten (10) feet on all sides. Infill landscaping to include understory trees or shrubs with at least fifiy percent of all species native to Minnesota. 6. At least fifty (50) percent of the Edgcumbe Pazkway and Davern Stteet frontage shall be fronted by buildings. 7. Buildings on Edgcumbe Parkway, Davem Street and West 7th 5treet shall have at least one pzominent pedestrian entry oriented fo the parkway or street. 8. Building design and materials shall enhance the scenic and historic chazacter of this azea of 3t Paul, with appropriate relationships to Fort Snelling and Fort Road (W 7th), as follows: a. For buzldings greater than three stories, a cornice line sha11 be established de&ning the building base, located �� approximately one third (1/3) of the distance from where the building meets the ground to the top of the building; b. a cornice line shall be established defining the top of the building; c. cornices shall be allowed to pTOject over the public right of way line, but not more than fifteen (15) inches; d. the building base shali be faced in stone, � . brick/masonry, or a material equal or better in quality; - No cement block is allowed. — . _ ..— 4 . - -..___._ ., �t`t — � tc�s �J C� e. the building's exterior primary building materiai sha11 be faced in durable, maintainable materials in keeping with the chazacter of Fort Snelling (stone, brick/masonry, architecturally finished precast concrete, or similar materials equal or better in quality). Stucco, as a secondary building material, is permitted.. Materials such as unfinished concrete, concrete biocks, corrugated or sheet metal, wood or wood composite materials, tile panels and reflective materials aze prohibited; f. at least twenty five (25) percent of the first floor facade of any nonresidential use that faces a public street shall be windows or doors of cleaz or lightly tinted glass that allows views into and out of the building; highly reflective glass is prohibited; g. windows should be set into the exterior wall, with no more than forty (40) percent of the total e�terior envelope being glass; continuous bands of windows are prohibited. 9. Trash receptacies and storage shail be located within all buildings. 10. Outdoor storage of products, equipment and materials is prohibited. 11. Chain link and barb wire fencing are prohibited. G. Prohibited On-Premise Signs. The following on-premise business sigps shall be prohibited in the Shepard Davern Commercial Overlay District: 1. Freestanding signs with the exception of ground signs that have two pillars and a maximum height of six (� feet. Ground signs shall be built with the same exterior building materials as the building and shall not be illuminated with back lighted panels. 2. Back lighted awning signs. 3. Projecting signs. 4. Flashing signs and electronic message signs. 5. Temporary or portable signs, except that merchant sign placazds which sit on the sidewalk and aze stored indoors aze permitted during business hours as long as the sidewalk is not blocked or reduced to less than 5 ft. 6. Roof signs. 7. Advertising signs, billboards and business signs that advertise products. 8. Pennants, banners and triangulaz signs attached to strings. � H. Prohibited Off-Premise Signs. All ofF premise advertising signs, with the exceprion of bus bench, and bus shelter signs, sha11 be prohibited in the Shepard � Davem Commercial Overlay Distdct. I. Wall Signs. 1. Wall signs shall cover neither windows or azchitecfural trim and detail. They should be located on the bands of building facades, over the entry, over windows or beiween windows. 2. Wall signs located above riventy (20) feet in height shall be limited as follows: � d. Only one sign per buiiding. b. Shall not face the Mississippi River. c. Shall be litnited to the corporate/business name or logo. d Shall not exceed seventy five (75) squaze feet. e. Shall not be illaminated with back lighted panels. J. Window Signs. 1. Permanent window signs, without advertising, may be painted on the surface of the window. Such signs shall not exceed ten (10) pereent of the window glass azea. 2. Temporary window signs, without advertising, may be af�ixed to the inside of the window. Such signs shatl not � be in place longer than 30 days and shali not exceed ten (10) percent of the window glass azea. K. Public Sidewaiks. All frontages along public streets shall have minimum 6' sidewalks and tree planted boulevazds, with street trees spaced an average of one every thirty (30) feet. Spacing and growing medium for the boulevazd trees should be designed for plant health. Any such trees must be selected for heat, deicing salt, soil compaction and drought tolerance. Along West 7th Street brick pavers shall be integrated in to the sidewallcs at intersection corners. (illustration or diagram might be useful) M. Accessory Parking Regulations. The following accessory pazking regulations shall apply to the Shepazd Davern Commercial Overlay District: 1. Location: All on site accessory parking azeas and structvres shail be located to the side or rear of the principal building or use served. 2. Quantity: pazking shall be provided as the zoning requires for each use, except as follows: . a. For commerciai or retail uses , if a transit shelter is c�� -it�5 i � provided on site then required parking spaces shall be reduced by five (5) percent but not to exceed 5 spaces total; b. For commercial or retail uses, required pazking may be reduced by the establishment of a parking district for the pucposes of sharing patking within one shopping or entertainment area; pazking areas must be clearly identified and provided with dedicated pedestrian links to the street; the establishment of a pazking district to allow a reduction in parking required sha11 be subject to review and approval by the planning commission. The development of shazed pazking is encouraged subject to the provisions of Section 62.103. 4. Pazking areas fronting along public street shall comply wiYh the following: a. A landscaped setback azea of at least fifteen (15) feet on West 7th Street and Davem Street, twenty (20) feet on Edgcumbe Parkway, twenty five (25)feet on Shepard Road and containing evergreen or deciduous shrubs that form a continuous screen three (3) feet in height within 2 yeazs shall be provlded between the parking area and public sidewalk. Landscaped areas sha11 be irrigated by underground watering systems. The CiTy Zoning Administrator may approve the substitution of a decorative fence, masonry wa11, berm or similar archltectural feature in lieu of up to 60% of planted materiais. Along West Seventh Street, there shall be wrought iron fencing three feet high. b. One canopy tree at least three (3) inches in caliper and one evergreen tree at least two and one-half (2 '/s) inches in caliper shall be provided for every thirry (30) feet of parking lot frontage. Trees shall be planted in the landscaped area between the parking area and sidewalk. , 5. For all parking lots which exceed 100 cars, an azea equal to a minimum of 10% of the paved parking azea shall be provided for interior landscaped islands. For all parking lots with 35 to 100 cars, an azea equal to a minimum of 5% of the paved parking azea shall be provided for interior landscaped islands. Interior landscaping shall be not less than 40% evergreens and shall include canopy trees in islands which exceed 100 S.F. Pazking lot trees must be selected for heat, deicing salt, soil compaction, and drought tolerance and are to have a ground layer of orgazuc mulch and/or massing of shrubs or living ground covers which will be managed to tolerate site condirions. � 6. Pazking struclures fronting along public streets shall compiy with the following: a. Durable maintainable materials {stone, brick, architecturally fuushed precast concrete or snni2ar materials equal or better itt quality) shall be used for pazking structure ea�teriors. b. A landscaped setback area of at least fifteen (15) feet on West Seventh Street and Davern Street, twenty feet on Edgcumbe Parkway, and twenry five feet on Shepard Road shall be provided between the pazking structure and public sidewalk. Landscaped areas sha11 be irrigated by undezground watering systems. c. One canopy tree at least three (3) inches in caliper and one evergreen tree at least two and one-half (2 YZ) inches in caliper shall be provided for every thirty (30} feet of pazking structure frontage. Trees shall be planted between the pazking structure and the sidewalk, or between the sidewalk and the street. N. Landscaping Regulations 1. At least fifly (50) percent of all landscaped areas should � be planted with species native to Minnesota. 2. Where nonnative species are planted, no exotic invasive species shail be used, for example, European buckthorn and Tartarian honeysuckle. 3. Wherever possible, connect new lan@scape areas to existing or neighboring planted azeas for landscape connectivity. 4. In areas of screening, fhe landscaping shall favor planting beds of irees with shrubs in order to have upper and lower plant materiat.' 5. To the greatest extent possible, existing healthy native trees and vegetatiori be retained. 6. Canopy ttees aze defined as achieving a height of at least fifty (50) feet at maturity. 7. When trees are sited in areas where they can be damaged, they shall be protected through such measures as staking, flagging or curbittg. � ��_���s III. SHEPARD DAVERN A. Purpose. � RESIDENTIAL Tile Shepazd Davem Residential District (SDR) is an overlay REDEVELOPMENT district designed to promote the redevelopment of the area into an OVERLAY urban village residential district by mixing amactive examples of DISTRiCT higher density multiple family housing with pedestrian-friendly streets and community amenities. � � B. Established Boundaries. The boundaries of the Shepard Davern Residential Redevelopment Overlay District shall be the area shown on the official zoning map. C. Conditional Uses. Principai uses within the river corridor zoning distr RC-3, may exceed the 40 foot height limit for 35 percent of the total lot area up to a masimum of sixty five (65) feet subject to the conditions hereinafter imposed. All permitted and principal uses subject to special conditions shall be reviewed and approved by the planning commission based on their compatibility with the purpose and design requirements of the district. The following requirements must be achieved for such authorized additional height: 1. For incorporation of accessory parking underground or within a non parking structure: three (3) feet for every ten (10) percent of totai parking requirement. 2. For landscaped open space or plaza provided in addition to setback and parking area requirements three (3) feet for every two hundred (200) square feet. 3. For landscaped open space fronting along Shepazd Road: one half ('lz) foot for every three (3) inch caliper canopy tree or evergreen tree planted within a pervious area of two hundred (200) square feet. D. Building Regulations. The following building regulations shall pertain to the Shepard Davern Residential Overlay district. I. Building heights sha11 be limited to six (6) stories but not exceed sixty-five (65) feet outside the river comdor zone. 2. Minimum site size shall be two (2) acres. 3. The total number of rooms (not including kitchen, dining and sanitary facilities) shall not be more than the azea of the pazcel in square feet, divided by five hundred riventy five (525). 4. The maximum percent of a 1ot occupied by main building shall be foriy five (45) percent. 5. All buildings shall have at least one prominent pedestrian entry oriented to the pazkway or street. 6. Building design and materials shall enhance the scenic and historic character of this area of St Paul, with appropriate relationships to Fort Snelling and Fort Road (W 7th), as � follows: a. a cornice or material trim tine shall be established defining the building base as approximately the first floor; b. a comice line or eave line sha11 be established defining the top of the building; c. the building base shall be faced in stone, masonry, or a material equal or better in quality; e. the building's exterior primary building materiai shall be faced in durable, maintainable materials in keeping with the character of the existing residential areas; materials such as unfinished concrete, concrete blocks, corrugated or sheet metal, wood composite materials, tile panels and reflective materials are prohibited; f. Buildings shall avoid blank street walls. g. Where possible the first floor facade facing a public street skall have windows or doors of clear or lighUy tinted glass that allows views into and out of tlte building; highly reflectzve glass is prohibited. 7. Trash receptacles and service areas or entries shall be screened with the same matezials used on the building � ea�terior. 8.. Chain link and barb wire fencing is prohibited. E. Pnblic sidewalks. Ail frontages along public stxeets sha11 have minimum 6' sidewalks and tree planted bouievazds, with street trees spaced an average of one every thirry (30) feet. Spacing and growing medium for the boulevard trees should be designed for piant health. Any such trees must be selected for heat, deicing salt, soil compaction and drought tolerance. Along West 7th Street brick pauers shall be integrated into the sidewalks at intersection comers. F. Accessory Parking Regulations. The following accessory pazking regulations shall apply to the Shepard Davem Residentia[ Overlay District: 1. Location. AII on site accessory pazking areas and structures shall be Iocated to the side or reaz of the principal building or use served. 2. Parking areas fronting along public streets shall comply with the followzng: a. A landscaped front setback area of at least 25 feet � containing evergreen or deciduous shnzbs that form a _._ _..-.- - 1� �a—��c�� � � , continuous screen three (3) feet in height within 2 yeazs shall be provided between the pazking azea and the public sidewalk. Landscaped azea shall be irrigated by underground watering systems. The City Zoning Administrator may consider the substitution of a decorative fence, masonry wall, berm or similaz azchitectural feature in lieu of pianted materials. b. One canopy tree at least three (3) inches in caliper and one evergreen tzee at least two and one-half (2 %2) inches in caliper shall be provided for every thir£y (30) feet of parking lot frontage. Trees sha11 be planted in the landscape between the parking area and sidewalk Parking structures fronting along public streets shall comply with the following: a. Durable maintainable materials (stone, brick, architecturally fanished precast concrete or similar materials equal or better in quality) sha11 be used for parking structure exteriors. b. A landscaped setback area of at least twenty five (25) feet shall be provided between the parking structure and public sidewalk. Landscaped areas shall be irrigated by underground watering systems. c. One canopy tree at least three (3) inches in caliper and one evergreen tree at least twa and one-haif (2 '/2) inches in caliper shall be provided far every thiriy (30) feet of pazking structure frontage. Trees shall be planted between the parking structure and the sidewalk, or between the sidewalk and the street. 4. For all parking lots that exceed 100 cars, an azea equal to a minimum of 10% of the paved parking azea shail be provided for interior landscaped islands. For all parking lots 35 to 100 cars, an area equal to a minimum of 5% of the paved parking area shall be provided for interior landscaped islands. Interior landscaping shall be not less than 40% evergreens and shall include canopy trees in islands which exceed 100 S.F. Pazking lot trees must be selected for heat, deicing salt, soil compaction, and drought tolerance and are to have a ground layer of organic mulch and/or massing of shrubs or living ground covers which will be managed to tolerate site conditions. G. Landscaping Regulations 1. At least fifly (50) percent of a111andscaped azeas should be planted with species native to Minnesota. 2. Where nonnative species are planted, no exotic invasive species shall be used, for example, European buckthorn 1 "1 and Tartarian honeysuckle. 3. WY�erever possible, connect new landscape azeas to existing or neighboring planted azeas for landscape � connectivity. 4. In azeas of screening, ttte Iandscaping shall favor planting beds of trees with shrubs in order to have upper and lower plant material 5. To the greatest extent possible, existing healthy native trees and vegetation shall be retained. 6. Canopy trees are defuied as achieving a height of at least fifty (50) feet at maturity. 7. When trees aze sited in azeas where they can be damaged, they sYiall be protected through such measures as staking, ftagging or curbing. � . 12 �q_t«S -- .\ . `\ . � , � :�, � ���---.. � � \ i � �. ����. � ; .. J_ �.��.. , ,. `:��- ���.�h' :, .— � — �� •r : V� " � I � ; -_ ! _ Q _�_' i � 1� � �^ � , �, �:. � � :.,�: �, �;: ; i .. ., � . ;.:. . �. �' .�: :��: . i % , 1 ,�. ,,, : .,�.\. (';. '.�.,.'•\ � 1 `. . { `' \ . _ ���� : : ; ,�,1�, �,�� , `, . r `, �-- � i , . l � � i � � - �'. 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' .%�� �\%� ��% �/� ' -- -- � r� i� � �%i — ' - _ — � i \" ; i — -- — • �/� " — ��— — — _— — - , . `t � ���- --_- �-:-; , \ ` __-_ `�. �� ,` � r L.3.! \ Ov n � • l� J Nov 19 '99 O:AS Minnesota Department of Natural Resources ,SOp [,aCayc¢c Road Sc. Pavt, A1innawia 55 { $$-4p',� Phone; (6i1)297-2401;Sax29G-5939 Frmsil: 5aztdy.RehtQdnt.suu;.mn.us November 18, 1999 City of S� T'aul Planning Cotx�mission City of St. Faul City Council c!o Gladys Morton 1100 City I�all Annex 25 W. 4th St. St. Pavl, MN 55102 Dcar Commissioners and Council Members: RE: Shepard Davern Redevelopment Oveslay Distriet Via fae and mail P.03/04 d �_ t «s I�za.ve jusf been informed by concemed ciiizens t}a.is week that steps Itave been taken over tlte last month to propose a Shepazd Davern Redevelopment dveriay District ordinance that affects ]ands and regulations within the Mississippi Rivet Critical Area Conidoz. Although we l�ave received no information or znaterials from the City, it's nxy understanding the proposed Redevelopment Ovezlay Aistrict amendmcnts noY only aff'ect Iands in the CoYZidoz, but will govem if the pcovisions conflict with the priznary zoni.ng district and existing overlay distrzets, such as the River Coaidor -- effectively amending or.zescinding any legally-approved, more restrictive ordinance provisions af lands wit'oin the Mississippi ltiver Criticai A,re�. Under MN Statutes, seclion 116G.10 [i973], MN Rules, part 4410.9500 (1974], and Executive Ordcr 79-19 [1976), if a local unit of govesnment finds it necessary or desirable to amend or rescind plans and ren lations affecting lauds within the Mississippi R.ivea• Critical Area Comdor that have been approved by tlxe Environmental Quality Boazd [now llNR since 1995], it shall submit pro�osed modi�icatxoms a�nd any recommended changes for review, corisideration, and approval by ANR As prescribed by law, Aepaztment of I3atural 12esources (DNR) would then review azry proposed aznendments for consistency with the provisions of the statutas, zvles, and �xecutive Order 79-14, following an evaluation by the Metropolitan Counci�. A.wendments or rescissions of �lans and regulations af£crtiug lands wifhin the CriticaI A.rea shall become et�'cctive only u�on the approval by Di�iR, in the same mannec as approval of adoption of plans and zcgulations affecting the Critical Area. A local unit o£ govemment shall enuct only thc plans and regulations £or a criticaT area that have tl�e wriften appro�sl of DNR, whether amendments or original plans and regulataons. Renaming or creating an additional overlay district does not ovez�ride or change the fact fliaC all regulations a£fecting the Critical Area aze subject to Critical Area laws and approval by DNR DNR Tnfnrmation:651-246•fi157 • 1-888-646-6367 ' TTY:651-296-5484 • 1-800-657-3929 An Equal OppoctunicY EmplaYa Who YalncS Divtasity y ��' P+intCd on ReryGatl PaP� ��+iniRq a '�K Misnmum ot taY, Post�Consumec Waste � . Nov 19 '99 0�45 Shcpa[d Davem t:ed�veiopsnent Overlay Disccict Page 2 of 2 ' �� �� �q_�t�S We would also note MN Statutes, MN Rules, and the Executive Order requize that local units of govemmenx shall. permit development in the Critical Area only in accordance with pians and regulations that have been approved and aze Iegally effective [MI�I Stat., sec. 116G_12; MN Rules, part 4410.9704]. T)NR's approval role and these la�ws have been conveyed in oral and vmtten testimony praviously to the Planning Com�mission and hearing records on the Shepazd Davem Pian and similar matters. Althouoh we aze disappointed that the City has not worlted with us on these amendments prior to any public hearings, we would stro�ly emphasize- tk,at the maximum recommendation and action that could be taken by the City Counoil at fl�is lime is a decision to submit any proposed anlendments affecting lands within the Critical A�rea to pNR fos review and conszderation. 'i'he Commission azid Council may decide on other intezim'options, but it must be empliasized that no amendments affecting lands within the Critical Area can be enacted by ihe City Council prior to written appzoval of ANR. Thank you for your proper implementatzon of MN Statutes, MN Ru1es, and the Executive Order yrocedures to protect and preserve the Mississippi R.ivex Critical Area Cozridor. Sincerely, DNR Waters Sandy Fecht����� Critical Ase T-Iydrologist cc: PBD staff Highland Distiict Council National Park Service - Naziey Auncan Metropolitan Council - Aick Thompson DNR Area Hydrologist Molly Shodeenl7oe Richter DNR Re�.ionat F�ydrologist Dale Fiomuth I�NR River Resource ManagemenY Supervisor Steve 3ohnson r �Y-i t�� � MEMORANDUM Tony Bennett, TO: JAMES ZDQN CITY OF ST. PAUL, DEPARTMENT OF PLANNINGAND ECONOMIC DEVELOPMENT FROM: COMMISSIONER TONY BENNETT DATE: NOVEMBER 2,1999 • RE: SHEPARI7 DAVERN 40-ACRE STUDY AND REDEVELOPMENT OVERLAY DTSTRICTS - PLJBLIC HF,ARING I hope that with discussion of the Riverview Corridar (which could go through this entire area) the Deparunent of Plamung and Economic Development has taken this into consideration and, further, that our respective departments are communicating as there could be huge impacts otherwise. TB:fjm � Printed on Rerycled Paper .��u Ramsey County Regional Raiiroad Authority 220 Courthouse, St. Paul, Minnesota 55102 651/266-2762 / FAX 266-2761 2�.-�«5 �� � HIGfiLAND DISTRICT COUNCIL November 22, 1999 St. Paul Planning Commission % Gladys Morton, Chair 1100 Ciry Hall Annex 25 W. 4�' Street St. Paul, MN 55102 Re: Shepazd Aavem Zoning Overlay Dear Commissioners: Thank you for listening to our some of our concerns regarding the proposed Zoning Overlay. This letter is to reiterate those concems and to tell you of others we did not have time to address on Friday: �/ 1. River Corridor 4� Foot Height Provisions The Critical Area of the River Corridor provides for a 40-foot height restricfion. � The portion of the Critical Area within the Shepard Davem Sma11 Area Plan is only a very small portion of this overall plan (see enclosed map) and retaining the restriction will not adversely affect the overali plan. While it is not a Iarge part of the overall plan, its location on the river bluff and at the entrance to the city makes it vital in terms of retaining the height restriction. We also received a copy of the letter from ANR dated Nov. 18 (see attached}. It is unfortunate that they were not kept informed and haue not had an opportunity to participate in the planning process. There is overwhelm3ng public support in favor of keeping the 40 foot restriction. At every public hearing on the Plan, this issue has drawn the most concem. It should be pointed out that this height restriction has been in place for many, many years. The current landowners were well awaze of the restrictions when the property was purchased, and no doubt benefited from the restriction in theu purchase price. � 2. West Seventh Landscape and Set Back Elements The Overlay has provisions for West Seventh. As you know, this portion of West Seventh is part of the Gateway Project, which extends from the Mississippi River to 35E. That Project, which has been underway since before the Shepard Davem Plan ' began, should be allowed to develop final streetscapes designs prior to any restrictions being implemented. Therefore, we ask that you refer that section of the overlay to the Gateway Project for final language. 1978 Ford Parkwa� St. Paul Minttesota 55116 G51.695.4005 f�:651.695.4007 qa—�c�S C L� J 3. Loss of Residential Housing U The citizen members af the Task Force and the Highland District Council have concems that we are giving up over fifty units of residential housing with no plan to replace the housing. The Shepazd Davem Plan has a general goal of additional housing. However, without specific plans in place, there is no guazantee the housing will be built. The Task Force was assured that a concrete plan for replacement housing would be in place prior to the zoning change. 4. Tra�c Issues/Commercial Density There aze significant traffic issues in this area and we have concerns about the level of development being proposed. As proposed, the overlay encourages high-density commercial development at the end of West Seventh. (e.g. higher buildings, lazger hotels [above 4 stories], etc.) While we support commercial development in the azea, the level of development being pushed will only exacerbate the situation. 5. Mandatory Setbacks — Landscaping Where there are mandatory setbacks, the Small Area Plan envisions these areas will be landscaped, and not paved or a"sea of concrete" or asphalt. Under the current language of the zoning overlay this could happen. � 6. Parking Lots Pazking lots along West Seventh, Edgcumbe, Davem and Shepard Road should require landscaped berms at least tYu�ee feet high to shield the pazking lots from the street. Under the proposed plan this is only an option, and not required. � 7. i7tility and Power Lines to be Buried If you drive this area, you can see that there aze a"foresY' of utility poles, especially along West Seventh and Davern. Taking these off the street wouid go a long way towards improving the streetscape and making this area more attractive. The overlay should require all new construction to bury these lines. 8. Aotels Limited to Four Stories The Zoning overlay provides an exception to allow hotels in the proposed B-2 commercial district. Whi1e we agree that exception and, there is concem with the scale of the hotels being envisioned. We would ask that the hotels be limited to no more than 4{four) stories and I50 rooms. C. Permitted Uses. In addition to the uses permitted within the primary zoning district, the � following uses shall be permitted in the Shepard Davem Commercial Overlay District: qQ-tica� i 1. Hotels and hotel conference faciliries. All hotels shall be at least €et� three (3) stories in height and have a minunum of one hundred (100) rooms. Hotels may be a maximum of four (41 stories and 150 rooms. Patron's access to hotel rooms shall only be provided by a central interior corridor. In addition to the above, there were some points made at the public hearing, which we want to clarify: Mr. Grzybek's comments conceming the Puk and Jet operation located at Shepazd Road and Davern were directed at the surface operation — not the pazking xamp across the street. Mr. Trooien's responsive comments all dealt with the ramp, which has yet to have it's landscaping completed — we understand that it is November and he may be waiting until spring. The surface lot has never had any type of landscaping, and in fact, the landowner cut down (without city approval) mature boulevard trees. Some of the neighbors who came testified about the removai of the 40-foot restriction in the River Corridor. Just so there is no misunderstanding, these neighbors were speaking about their homes, which do not lie in the critical azea and aze not within the 40-foot restriction. The p1an already provides for a 65-foot height outside of the River Corridor, so their concerns have already been addressed. � • Again with respect to the neighbors, neither the District Council nor the Task Force had been advised that neighbors in singie-family homes around Sibley Manor were concerned with losing their homes. Sincerely Yours, � 1��/� / �l Laura A. Deuberry Shepard Davem Small Area Task Force Highland District Councii Cc: Mike Harris Highland District Council Shepazd Davern Small Area Task Force IJ ..* - "? . . '� _ �� . � � ` . � `'� ��` � �,. � . \ � ��� I \ '� `1 . `\� ` o - � :� O :� � _:. �� r '� � � ��� �� G s\:1 YS O� l\ z r—�c � � � � u � r, �'-( � � r"1 r'1 r r' � \ �'+ �--� f � _ ` - CC � J ( � � � '- t - . G__r "°_"'� " V_ _ � v. 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' -� > - � } ==I:: . �[=1 4_ o g .�.--_. �— , C _N= , 5-�� .. . - . . _ = 4'_S : {-�--� {�'1 � Z' '_.___'_'. . :-1_._ _� ��'�_• i. _'_�7_ : r7 .:�: ->-=>� ri � '� - cV ---r—� .. �__i C,.' =��_'J=yif."''� �( "' � `� ! . —' � __ —� _-"_�;_{- _ I �� N `� ! ..'1ti� _ I _ _ 1 � J i t _ _-. __I �._ -= �� r�\/ � •J/� f . �'�Y 'c "".' "'c C,g_.. ' "'_ _" -. �il�,rJ��a _:�_. t"_^_;_ :�\ - _� ��? � yr� ' - •-r�•-,• _ C ��:.� 0 � . I � °� ' . � t . � �� Y f \// . \ � _,' � � � iNTROBUCTION DISTRICT COUNCIL, LAST NIGHT PASSED RESOLU?'ION IT STATES AS FOLLOWS: � ��(l� BASE� ON 1N�'ORMATIIJN RELATING TO THE MISSISSIPPI RI�'ER �ORRIDC?R �'�/KlA THE STATE �p��T�C �� ARFA AND T'NE NIISSISSIPPI NATIONAL RIVER A�D RECREATION AREA; MINN. STATE STATUTF CHAPTER 116G (THE CRITICAL AREAS ACT); EXECUTIVE (�RDERS 130 AND 79-�9; MINN. R.L?LES PARTS, 4410.�100 -.9910, AND 4414.9404 - .96Q0; �A_INT PAUL CITY OIZDINANCES, E.G., ZONING ORDINCE SEC. 65.233; THE HIGHLAND DISTRICT COC7NCIL, DISTRICT 15, REITERATES ITS' POSITION THAT A 40 FOOT HEIGHT RESTRICTION BE RE"I'AINED AND THAT THE DISTRICT C(�UNCIL DOES NOT APPROVE AND �ISAPPROVES OF ANY GOVERNMENTAL EFFORT OR POSITION THAT WOULD CHANGE TO A HEIGHT GREATER THAN 40 FEET WITHIN THE MISSISSIPPI RIVER CORRIDOR AJK/A TH� STATE CRITICAL AREA ANI� THE MISSISSIPPI NATI�NAL RIVER AND RECREATION AREA. � a �_�ti�5 � ST. PAUL GATEWAY PROJECT 790 Cleveland Ave. So. Suite 214 St. Paul, MN 55116 651.699.0615 November 22, 1999_ St. Paul Pazuiutg Commission 1100 City Hall Annex 25 W. 4` Street St. Paul, MN 55102 Re: Shepard Davern Zoning Overlay Deaz Ylamiiug Commissioners: I was unable to attend the pubiic hearing of the Planning Commission last Friday. As � Chair of the St. Paul Gateway Project I wanted to address our concern. As most of you know, the Gateway Project was started prior to the Shepazd Davern Sma11 Area Plan beginning it's work. We have raised over 2 million dollars far the project and have the support of businesses, residents and,our elected officials. The project is working with a landscape architect to develop a final streetscape plan, which has not as yet been fmalized. We would therefore ask that you defer action on all setback, landscaping and other streetscape issues along West Seventh until we have a final plan in place._ I understand the time for public comment is over, but if any of you have any questions, please feel free to give me a call.- Very Truly Yours, 1 - � �� awn Bartsh , Cc: Highland District Council Mike Harris St. Paul Crateway Task Force Mayor Norm Coleman Representative Michael Paymar Senator Dick Cohen R�CEIVE� "�'� z � rsss P �NNING & ECprypMlC DEVELOPMENT �arA. '� `: 'U . �� s� Ihu� and lGann U�u 1621 Beechwood Ave. Sc. Paul, MN 55116 651-698-4543 www.fri endsoftheparisorg Pteaident Pecry R. Bolin Vice Presidents 3eanne Weigum Treasurer James R. Bricher Directocs Craig Andresen Dan Collins Thomaz T. Dwight Neil Fxaney wsti,a„� F�� Elaine Johnson Esther Kellogg Muilyn Lundberg Robere Nethercut Mazk M. Nolan � Janet Olson Scott Ramsay Piene Regnier Jerry Seck Mazsha Soucheray Vice Piesident Emeritus $amuel H. Morgan Director Emeritus David Lii1y Truman W. Pozcer sx otr��o Dennis Asmussen Thomaz Eggum Mazc Goess Greg Mack Terry Noonan Vic Wittgenstein Ezecutive D'uector and Secretary Peggy Lynch , � � — `�coS November 19, 1999 TO: The St. Paul Planning Commission FROM: Friends of the Parks and Trails of St. Pau! and Ramsey Caunty Peggy Lynch, Executive Director The Friends of the Parks appreciates the opportunity to respond to the Shepard Davern 40-Acre Study and Redevelopment Overlay Districts. The Friends support continuing the height restrict+ons of 40 ft. instead of the 55 ft. proposed for residential property in the river corridor. Raising the height restrictions woufd have serious implications for the entire riverfront in St. Paui. 7he Shepard Davern Plan cannot be judged in a vacuum. The way the system works is - if protections are relaxed in one area they must be balanced by an increase in protection in another area or St. Paui will lose substantial development funding opportunities. The choice you make today wili affect doHars and choices for decades to come. Let me give you a little arcane history. Eariy protection for the Mississippi River began in 1976 with the designation by the State Legislature of 72 miles af the corridor, from Dayton to Hastings a Critical Area. This designation required all of the cities from Dayton to Nastings to compiete a Critical Area Pian for the Mississippi River. St. Paul is now updating that Plan as are other cities in the Critica( Area corridor. Since 1988 the St. Paui riverfront has been pa�t of the Mississippi National River and Recreation Area, MNRRA. 7he MNRRA corridor is administered by the National Park Service. in conjunction with the MNRRA designation, Congress mandated thai a Mississippi River Coordinating Commission develop an integrated resource management pian (Comprehensive Management Plan) for the Mississippi National River and Recreation area. It was to: 1. preserve and enhance the environmental values of the area; 2, enhance public outdoor recreational opportunities in the area; 3. conserve and protect the scenic, historical, culturaf, natural, and scientific values of the area and 4, ensure the commerciaf use of the area and its naturaf resources are consistent with the protection of the area. Ta provide an incentive to loca( units of government to provide maximum levels of �,� _ �c�� proteetion, the Nat+onal Park Serv+ce, when funded, wil! provide up to 50% grants � in the river corridor for acquisition and development consistent with the plan. in order to be eligible for ihis grant program locaf governments must adopt plans and ordinances consistent with the new concepts and higher standards described in the Comprehensive Management Plan. They must exceed existing state and regional reguirements in the critica! area, shorefand management or other existing land use management programs fior the metropolitan area. The Comprehensive Management Pian prescribes a two-tier approach to achieving consistency through local government planning and management. Tier 1- The existing Mississippi River Critical Area Programs meets Tier 1 requirements. This inciudes a 40 foot height restriction. Any changes to Tier i standards are subject to approval of the MN Department of Natural Resources. The Department of Natural Resources has already expressed strong support for keeping the height restrictions at 40 ft. The DNR must approve all plan or ordinance amendments affecting the Critical Area. Tier 2- Second Tier protect+ons set a more rigorous standard. Local units of government can voluntarily move to a second tier of pianning and management by updating their community pians and ordinances to incorporate land use, resource protection, and open space poiicies described in the Comprehensive Management Plan. The long term goai is for all communities to reach Tier 2 protection. It is • anticipated funding wil! be available to assist communities to reach this level of protection. Harriet Island is being redeveloped for the cost of over $i 4 miilion dollars. The redevelopment of Lilydale Park wiN cost millions of dollars. In order to be eligible for matching funds from the National Park Service, St. Paul must provide maximum protection to the river corridor. We urge you to keep the height allowances at 40 ft. the same as in the current Critica! Area Plan. , � � r Z a � a F-' Z W w � Q Z Q � W > � Z W S W � a � � U � � �� �� oNo °_� �N� � ��� � — U � N •C U � y C � d � mZY s ��.. O CA . C � �i N ' C � � � � r � � � CQ a m � � Y U � Y T L i m � V � w � m F--oaL � y � c a� a �� E a�� � � O � t6 O � .�.. O U � � n`. Q � a cu��c � cn a a� Q � � � m� U � � U '� � N � U � � � Lc�-o > � L � �r-mo '�-�' � a ��mRs � ��'m o C � .�- Q- � U � � N Q Z � O � � . C � E' O � Cr r � .� Z � p i .... Q m �,��_ t= �' o t- � �mo � oN�m ���o o�°'� � �m�'=� �.� .� o � � o� o Q V U y � C N m°a n U !n a + (S$ C U m � � � � m � � � � ` " � (SS � c6 — �� � � � o�m� �> .-�- C N = �C � � �i � QL D) N � � � � •� n,a � � � � � o �- �c.�a � U .�C fSf a � " Q- C '� C CJ � � � � Rf � � � � o � �' .m �-'� c N o O � U p> � � o fl„ n � � U N "' � `� `m � � o.._ c � � !-- � �� � � � � a o � o cu . `- ci o, c o � c � � � d "C � � O ~ � � C N 'O Q' � 7 O � O p � Q. i (n N �- V O c� � � — y O U N � � F= �'�'�� ���(L�� / /��1% �9 �� � ��� � ��� . .�.�, ��z ��. .�.�.� � j� .�� � ����. ��.�.� ���� Y� �� �� G� � � ���',�-�-�- � z�.�,� �.� ,�-��� ��rcv�i�� �z ° t'� ' � c•r.v � .lZu-.�c.aJ c�fr� � / , /-�z��rz'�i,cJ✓�"""-"��2z.u�. � 7r� v-r.� �� i..�����J��. ,�/j��:-.�. `l '�,� _ ��.y aL:c�y ,��R.,����-r�c���1ZLc-2�1� �.r�iX1�.-- JJ.f�rn�Ce� � `'h/iv�i �z..r�,.lJ*� . �O � �cz�`iz� �cvz-4-Y�L r,�iE.��.d � � �r�'-'`jJfv/�iiL� .-l�-�-'� �-a-�. (]w-'�, -� /� "'� � � � - //' �%� �/ ,��✓ -0 ��.,.� .'�� �-t��� �nK� r��- U� �� i iV�� � r� ....C�rza �^ �� V � �� 1 � ` � � .z.r�� � / �� S �� � � � �� � RECEIVED NQU 2 3 t99� p.�ANNIN6 & ECONOMIC DEVEfAPMEtiT C� a� -<<�� ��-I�F'�F�D�I���"�R�I ��.�i.�L. �.��A �L�.� ➢ Don't Underestimate the Opportunity: ✓ Density ✓ Height Restrictions — Recommend 85 feet ➢ Don't Make Positive Developments Prohibitive: ✓ Construction Materials ✓ Construction Styles — Building Cornices and Percentage of Glass ✓ Ailow Certain Current Uses — Quality Service Station is an Amenity ✓ Setbacks and Landscaping — Not a Case of How Much, But How Well ✓ Parking lot Restrictions — Decorative Fencing and Landscaped Islands ✓ Signage — Some of the Restrictions Could be Self Defeating ��:�J.� ��� "Q ��;.�,���.�� ➢ Don't Underestimate the Opportunity: ✓ Density ✓ Height Restrictions ✓ Sca1e — Expand From 45 Acres to 75 or 100 Acres ✓ Grid Pattern ➢ Remove the Railroad Tracks • �1���� ���. � 739 Vandalia Street � St. Paul, MN 55114 (651) 641-1111 •(651) 64i-124v �ax ° �GX G �S �l Ct� � ���s a DEPARTMENT OF NATURAL RESOURCES STATE OF MINNESOTA DNRWATERS Office Memorandum Date: November 30, 1999 To: Sandy Fecht, MNRRA Hydrologist From: Steve Johnson River Management Supervisor 651-296-11802 Subject: Structure Height in Mississippi Critical Area You had asked that I provide you with spec�c guidance concerning structure height limits in the Mississippi Critical Area, since it is an issue of concern in more than one community right now and it is important that we treat all communities in the same fashion. The disadvantage of providing specific guidance is that we could be accused of ru{emaking without following the process, but there is also a disadvantage of the opposite approach: if, for example, we tell St. Pau! that 65 feet is too ta{1, the city's logical response is to ask us to define what we will accept. This memorandum is intended to define what we will accept and the criteria on which we base that guidance. If a community proposes standards that are slightly different than what we've defined here, but meet our criteria, I think we have the ability to be that flexible. Executive Order 79-19 contains hnro important sections that are not always consistentwith each other: the Standards and Guidelines for Preparing Plans and Regulations, and the Interim Development Regulations #hat were imposed at the time the Executive Order was signed and which became irre�evant once a local government adopted plans and ordinances. Both sections contain a�oth general and specific information about regulating development, and in many cases they are inconsistent; whenever there is an inconsistency, the Standards and Guid�'�nes prevail, since the Interim Development Regulations are no longer in play. The Interim Development Regulations were intended as a temporary stop-gap measure for evaluating development permit proposals prio� to adoption of approved plans and regulations; in many cases they were not as specific or as restrictive as the framers of Executive Order 79-19 intended the permanent plans and regulations to be, as evidenced by language in the Standards and Guidelines. wth respect to structure height, the Interim Development Regulations established a limit of 35 feet in the rural open space, urban q q _ �l� developed and urban open space districts, and established no height restnction at all in the urban diversified district. Current issues before us include the Shepard-Davern area of St. Paul, which is in the urban open space district, and the Upper Narbor area in Minneapolis, which is in the urban divers�ed district. Section A.3.c of the Interim Development Regulations states: "The Interim Development Regufations should not be used as a complete model ordinance for adoption by local units of govemment. At the options of local units of government, they may be used as guidance for the preparation of plans and regulations." Clearly, the framers of Executive Order 79-19 did not want local governments to simply adopt the Interim Qevelopment Regulations as their Mississippi Critical Area ordinance. The Standards and Guidelines establish some perEormance standards that could not be met by an ordinance modeled on ihe Interim Devefopment Regulations, and in some cases (vegetation management, barge facilities, for example) the Standards and Guidelines are specifically inconsistent with the interim Development Regulations. There are four specific seciions of the Standards and Guidelines I want to point out. The first is the purpose statement in Section A, the second and third the general guidelines in Section B, and the fouRh is the specific guidance for structure placement taken from Section C. The three sections are reproduced befow. (Readers may access this text at www. dnr, state.mn. us/waters�. "Standards and Guidelines for Preparing Plans and Regulations "A. Purpose and responsibility "1. Purposes. The purposes of the critical area designation and the foilowing standards and guidelines are: "a. To protect and preserve a unique and valuable state and regionai resource for the benefit of the healtfi, safety and welfare of the citizens for the state, region and nation; "b. To prevent and mitigate irreversible damage to this state, region and national resource; "c. To preserve and enhance its naturaf, aesthetic, cuftural and historicaf value for the public use; "d. To protect and preserve the river as an essential element in the national, state and regiona! transpartation, sewer and water and recreational systems; and "e. To protect and preserve the biological and ecological functions of the 2 �� — ��c�5 corridor." `B. General guidelines for preparing pians and regutations "1. The Mississippi River Corridor shall be managed as a multiple-purpose resource by: "a. Maintaining the river channel fortransportation and providing and maintaining barging and fleeting areas in appropriate locations consistent with the character of the river and riverfront. "b. Conserving the scenic, enviro�mental, recreationaf, minerai, economic, cultural, and historic resources and functions of the river corridor. "c. Providing for the continuation and the deve{opment of a variety of urban uses, includ+ng industrial and commercial uses, and residentia{, where appropriate, within the river corridor. "d. Utilizing certain reaches of the river as a source of water suppiy and as a receiving stream for property treated sewage and industrial waste efFluents." "2. in order to manage the river corridor consistent with its natural characteristics and its existing development, the following guidelines are established for each corridor district: "a. Rural open space district. The lands and waters within this district shall be used and developed to preserve their open, scenic and natural characteristics and ecological and economic.functios. Presently undeveloped islands shail be maintained in their existing natural state. The transportation function of the river shall be maintained and preserved. "b. Urban diversified district. The lands and waters within this district shall be used and developed to maintain the present diversity of commerciai, industrial, residential, and public uses of the lands, including the existing transportation use of the river; to protect historic sites and areas, natural scenic and environmental resources; and to expand public access to and enjoyment of the river. New commercial, industrial, residential, and other uses may be permitted if they are compatible with these goals. "c. Urban developed district. The lands and waters within this district shall be maintained largely as residential areas. The expansion of existing and development of new industrial, commercial and other non-residential ar non-recreationa! uses shal4 be limited to preserve and enhance the residential character af this district. "d. Urban open space district. The lands and waters within this district shall be managed to conserve and protect the existing and potential recreationa{, scenic, natural, and historic resources and uses within this district for the use and enjoyment of the surrounding region. Open space shall be provided in the open river valley lands for public use and the protection of unique naturaf and scenic resources. The existing transportation role of the river in this district shall be protected." 3 ��_�t�5 "C. Specific standards and guidelines for preparing plans and regulations "2. Each local govemment and state agency shali prepare pians and regulations to protect and preserve the aesthetic quafities of the river corridor, which provide for the fo{lowing considerations: "a. Site plans. Site pians shafl be required to meet the foliowing guidelines: "(4) Site plans shall include standards to ensure that structure, road, screening, landscaping, construction placement, maintenance, and storm water runofF are compatible with the character and use of the river corridor in that district. "(5) Site plans shall provide opportunities for open space establishment and for public viewing of the river corridor whenever applicable, and shall contain specific conditions with regard to buffering, landscaping and revegetation. "b. Struetures. Structure site and focation shall be regulated to ensure that riverbanks, bluffs and scenic overfooks remain in their natural state, and to minimize interference with views of and from the river, except for specific uses requiring river access." ft is important to recognize that the Mississippi River plays a unique role in the American landscape. It is the largest and most diverse floodplain river ecosystem in the northern hemisphere and the third largest in the world. Executive Order 79-19 recognizes the unique character of this river and establishes that it shall not be treated like a typical urban river in the United States or Europe. ft is speciaf, and musi be treated as such. �n addition to the specific language of Executive Order 79-19, I also met on Sept. 1, 1999 with three of the primary authors of the executive order to discuss their memory of what they intended when they drafted the order in the mid-1970s. A summary of that meeting is attached. Based on the executive order language, it would not be rational to tFrink the framers of Executive Order 79-19 anticipated waiving structure height limitations even in the urban d+versified distriet, considering that distriet runs from Interstate 694 in Fridley to Frankiin Avenue in Minneapolis, and from Otto and Ohio streets in St. Paul to South St. Paul and Newport. The urban diversified district was created to cover large areas of mixed use development that didn't fall easily into one of the other districts. While structure height standards need to retain some flexibility in this mixed use district, the height lim+tations shouid not be entirely waived. In fooking at the values we're directed to protect, I can envision waiving structure height limits in the immediate downtown areas of Minneapolis and St. Paul, since none of those C! �t`l - � �c�s values exist any longer and additionai taii structures would biend instantly with the existing landscape. That is not true, however, for the rest of the Critical Area corridor, including the areas immediafely across the river from the two downtowns. Those statements immediatefy cry out for a clear definition of the downtowns and for that I turned to the Metropolitan Council. In Minneapol+s, the Metropolitan Counc+l (in 1999} defines the downtown area as lying afong the river's rigfit descending bank from Piymouth Avenue to Interstate 35W. The city (Minneapolis' downiown plan, �Downtown 2010," date unknown) defines downtown as lying along the river's right descending bank from Third Avenue North to Interstate 35W. It seems appropriate to accept the Metropolitan Council's somewhat larger definition. In St. Paul, the Metropolitan Council (in 1999) defines downtown as lying along the river's left descending bank from Wabasha Street to Broadway Street (extended). Oddly, that leaves the area on the river side of Kellogg Soufevard from West Seventh Street to Wabasha Street outside the defined downtown; it might be more appropriate to define the upstream fimit of downtown as Eagle 5treet (extended), thereby including the Rivercenter parking ramp, the new Science Museum of Minnesota, Ramsey County o�ces (formerly West Publishing) and the Ramsey County Jail within the defined downtown. In the rural operi space and urban developed districts, the management goals make it cfear that a structure height limit of 35 feet is most appropriate (see the Standards and Guideiines, Section 6.2.a and 6.2.c, which are reproduced on page 3 of this memorandum). In the urban diversified and urban open space districts, I offer the following guidance (based on the sections of Executive Order 79-19 cited above and comments from the executive order's authors): Structures should be lowest when ciosest to the river, with taller structures possible further back from the river if ineasures are taken to provide some level of screening, or buffering. 2. A structure height limit of 35 feet seems appropriate in both the urban diversified and urban open space districts (outside the two downtowns). � � 3. For structures set back more than 100 feet but less than 300 feet firom the ordinary high water mark, 1 could see allowing a structure of up to 45 feet through a conditional use permit process that would ensure the opportunity to require planting of screening vegetation, and would ensure other values are protected or enhanced, as discussed below. � 4. ' For structures set back more than 300 feet from the ordinary high water mark, i ��. � coufd see alfowing a structure of up to 50 feet through a conditional use permit � �� �l a� -���s process that would ensure the opportunity to require planting of screening vegetation, and would ensure other values are protected or enhanced, as discussed below. Our urban foresters tell us it is possible to screen, or buffer, a 50-foot tall building with trees (over a period of tirtae}, but it is not possib{e to screen a ta{ler building (as was proposed in the Shepard-Davern area ofi St. Paul). That is why 1 selected that 50-foot figure, although I think we need to remain open to a flexible approach to those standards if a community can demonstrate a unique physical condition. (Note also that the Uniform Building Code adopted by most communities defines structure height in a way that allows significant portions of the roof to exceed the height standard; a 50-foot standard means that some portion of the structure may reach 65-75 feet.) e conditional use permit evaluation process identified above should give special consideration to: Existing industrial uses sometimes need to build additional tall structures regardless of their location (the oil refinery in Newport is a good exampie). 2. The potential visual impact of a proposed structure on significant cultural resources must be assessed. This includes the St. Anthony Falis Historic District and Historic Fart Snelling. The potentiai visual impact of a proposed structure as viewed from the river is particularly important in the scenic gorge areas between the two downtowns. My office will conduct a computer-based visua{ impact assessment whenever it is considered appropriate. Such an evaluation of the Shepard-Davern area is currently underway. 4. Other factors should be taken into account in evaluating a conditional use permit application, including additional buffering, impacts on views in the corridor, maintenance of vegetation and increased bluff setbacks. Structures tafler than those in the guidance above couid be considered_ as nart of a Unit along the river if the Critical Area Program, significantly more shoreline restored to a naturai condition than might otherwise be required, and significant publicly owned corridors through the development to provide for neighborhood access—both visual and physica!—to the river. Any flexibility provided to a development beyond the basic standards shouid only occur in � �q _ � ��5 exchange for significant gains far the public—beyand minimum requirements—in terms of ' public ownership, natural shoreline, and pubfic access to view and reach the river. A community must never use its flexibility tool as an economic incentive, nor should development economics drive any decision. This guidance seems consistent with our mission, as outlined in Executive Order 79-19, while remaining aware of the flexibility needs of a large urban area. The communities need to be reminded, too, that the Mississippi Criticai Area amounts to a very smalf portion of the land mass of the Twin Cities; the communities have lots of land where there are no state-imposed limits on structure height. They are really giving up very little to protect a globally important resource that is the very reason their communities exist. Feel free to distribute this to communities and citizens in the corridor as appropriate. height.wpd heighf doc r� Mississippi Critical Area Meeting Summary " September 1, 1999 Structure Height � �_���5 �C� The purpose of the meeting was to allow current managers of the Mississippi Critical Area Program to seek the advice of the originaf authors of the Mississippi Critical Area Order concerning original intent with respect to structure height. Attending: authors Ciiff Aichinger, Marcel Jouseau, Carl Schenk; current managers Dick Thompson, Steve Johnson, Kate Hanson. Steve Johnson described the current situations in the Shepard-Davern area of St. Paul and in northlnortheast Minneapolis, the need to treat the communities consistently, and the analysis completed to date; he asked the authors to evaluate the current anaVysis in light of their originaf intent. Aichinger: visibility was a driving issue; it wasn't the intent to limit a lot of development in the central cities; he thought 65 feet could be acceptabfe in Shepard-Davern, for exampie. Jouseau: computers today can do excellent visibility analysis; that technology didn't exist when the rules were wr+tten or they might have app{ied it. In a case like Shepard-Davern, whaYs acceptable could easily be determined by whai would be visibie. Schenk: physical access to the river was very important; could trade otF some height for access; don't allow structures to wall off the river (specific reference to a development issue at the time—a wail-type apartment structure near the river near Chicago Avenue and Second Street South in Minneapolis). Jouseau: Steve Johnson's five points' are consistent with the Metropolitan Council's thinking at the time. There was strong interest in having more public accessibility to the '(1} Structures should be fowest when closest to the river, with talfer structures possible further back from the river if ineasures are taken to provide some level of screening. (2) A structure height of 35 feet seems appropriate in both the urban diversified and urban open space districts (ouiside the two downtowns). (3) For structures set back more than 100 feet but less than 300 feet from the ordinary high water mark, allow a structure up to 45 feet through a conditianai use permit process that would ensure the opportunity to require planting of screening vegetation. (4) For structures set back more than 300 feet from the ordinary high water mark, allow a structure of up ta 50 feet through a conditional use permit process that woufd ensure the opportunity to require pianting of screening vegetation. (5) We need to remain open to a flexible approach to those standards if a community can demonstrate a unique condition. �t° -1 �(as water's edge, more greenspace along the water. There was concern about big buildings ` walling off the river. Preserve open space; give physical access to people, and visuai access; emphasis more on access to the river rather than from the river. He also said the intent was not to tum the whole river +nto a park---that mixed use gives good access and people feel a desire to be near the river not just for the greenspace, but afso otfier amenities (such as museums, iheaters and restaurants near the shore--but with the shoreline remaining public). The group discussed the value of treating strueture height flexibility like a PUD and its resultant density trade-offs. �� The group also discussed the importance of having the DNR ratherthan local government or a developer undertake computer analysis of potential structure visibility in those areas where such an analysis is appropriate (such as Shepard-Davern, but not north or northeast Minneapolis, where visibility is obvious). The group also discussed the large size of the urban diversified district, which covers a large area of mixed use development that didn't fall easily into one of the other districts at the time of designation. Development appropriate in downtown areas wouid not be appropriate in other parts of the district. The district was created, the group recalled, to encompass areas that had mixed uses. Summary prepared by Steve Johnson. tl.Ti � �;�.... . 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