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99-726Council File # \ \ � � a.�o ORlGiNAL Ordinance # Green Sheet # ��3g 0 Presented By 3� ORDINANCE CITY OF SAINT PAUL, MINNESOTA Referred To Committee: Date An ordinance amending Chapter 60 of the Saint Paul Legislative Code pertaining to zoning for the City of Saint Paul and the zoning maps thereof: 0 6 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 WHEREAS, Pursuant to Minnesota Statutes §462357 and §64.400 of the Legislative Code, DAVID R. MACK duly petitioned to rezone 1770 OLD HUDSON ROAD being legally described as the East 196 feet of the Southeast Quarter of Section 34, Township 29, Range 221ying Southerly of Old Hudson Road and Northerly of State Highway No. 12, Ramsey County, Minnesota, from B-2 to B-3 to allow establishment of a car wash, the petition having been certified by the Planning Division on May 15, 1999 as having been consented to by at least 67 percent of the owners of the area to be rezoned, and further having been consented to by at least two-thirds of the owners of the property situated within 100 feet of the total contiguous property within one year preceding the date of the petition; and WHEREAS, the Zoning Committee of the Planning Commission held a public heazing on June 17, 1999, for the purpose of considering the rezoning petition, and pursuant to § 107.03 of the Administrative Code, submitted its recommendation to the Planning Commission that the petition be granted; and WHEREAS, the Planning Commission considered the rezoning petition at its meeting held on June 25, 1999, and recommended that the City Council approve the petition; and � WIIEREAS, notice of public hearing before the City Council on said rezoning petition was duly published in the official newspaper of the City on July 3, 1999, and notices were duly mailed to each owner of affected property and property situated wholly or partly within 350 feet or the property sought to be rezoned; and WHEREAS, a public hearing before the City Council having been conducted on July 14, 1999, at which all interested parties were given an opportunity to be heard, the Council having considered all the facts and recommendations concerning the petition; now, therefore THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: Section 1. 33 That the zoning map of the City of Saint Paul, Sheet Number 23, as incorporated by reference in"i§60.301 of 34 the Saint Paul Legislarive Code, as amended, is hereby fixrther amended as follows: 35 36 That the property at 1770 Old Hudson Road, being more particularly described as: 37 PI�Rt �cu�r x ..T►7 ca� .a: .-��.nrr. �i 38 39 40 41 42 43 44 45 46 as the East 196 feet of the Southeast Quarter of Secrion 34, Township 29, Range 221ying Southerly of Old Hudson Road and Northerly of State Highway No. 12, Ramsey County, Minnesota 49 q�' be and is hereby rezoned from B-2 to B-3. Section 2. This ordinance sl�all take effect and be in force thirty (30) days from and after its passage, approval and publication. PIIRt1.CUGn � . .�:;�IAL Adoption Certified by Council Secretary Hy: tl- Approved by aa or: D e .� `� ` By: . : .:.. Requested by Department of: Plannin & Economic Develo ment � r $Y: e (J ��/ Form Approved by City Attomey q,� .1a-� (S l4`� `� GREEN No 09380 �� -i. FOR TOTAL # OF SIGNATURE PAGES / N REQUESTFD Or�i/lancR � �re�.or,2 1 C3- a -b 3- 3. Cow�<i 1 jn't2h"t o►, �1�1y 1`f � �999 , � 111YAlTOAIEY ___„_��Q� ❑ tll'f CtFR�( � ❑ AIWICI0.1.4ERVICFSqR ❑ iNL1YYL9ERV/RCCfC � WYORNRA498� � �=l (CLIP ALL L CATIONS FOR SIGNATURE) p� d �(-�dse � �0 0.d �,-�.�,, a pp�-c v¢ d r•�+o++ c+, o-�` PLANNING COMMISSION CIB COMMfTfEE CNIL SERVICE COMMISSION Has this persoNfirm ever wnrked uMer a contrec[ fw this tlepartmeM? VES NO Has this Person/firm ever heen a cilY emDbY�7 YES NO Does this peisoMrm possess a sldll not nortnallypossessed by a�ry cuiretR city empbyee? YES NO Is this peiso�rm a tarpetetl �entloR � YES NO Counc.i,t ctpproved ma�-%a„ of' ;�teht � rezene 17�d O!�! �.t.tdsmn Roac� �ro.�, a-Z ��8- 3 on .1u I y /y /�t9�j, 7h,'s . ard; nanc 2 �u/!�i//s `/�e, Coun�; /'s � nt¢K.rt . IFAPPROVED P►-o�-� re�n ed as app,b��e.d 6� l._.OKrtCr�. �. �,,�� IFAPPROVED u�;�.. t �+ fg�� ANTAGES IF NOT APPROVED •� -'r s�*"Y� Cccw,c,;!'s IH"E.Ph� not i�np/er►,ent� � t�` ``' , sd AMOUNT OF TRANSACTION S / COST/REVENUE BUOGETED (GRCLE ONE) ACTIVITY NUhffiER INFORMAiION (IXPWN) VES NO ...� .t' ♦... JUL 2 DEPARTMENT OF PLANNING & ECONOMIC DEVELOPMENT Brian Sweeney, Interim Director CITY OF SAII�]'T PAUL Norm Coleman. M¢yor 25 West Founh St�eer Saint Paul, MN 55102 June 29, 1999 Nancy Anderson Secretary to the CiTy Council Room 310 City Hall Saint Paul, Minnesota 55102 RE: Zoning File #99-122 DAVID R. MACK City Council Hearing: July 14, 1999, 530 p.m. City Council Chambers aq. �a-4 � ` Telephone: 657-266-6626 Facs im ile: 651-2283337 PURPOSE: To consider rezoning property at 1770 Old Hudson Road, on the southwest corner of Old Hudson Road and White Bear Avenue, from B-2 Community Business District to B-3 General Business District for the purpose of establishing a car wash. PLANNING COMMIS5ION RECOMMENDATION: APPROVAL vote: unanimous ZONING COMMITTEE RECOD�iENDATION: APPROVAL votes: 5-0 STAFF RECOMMENDATION: APPROVAL SUPPORT: No one spoke. OPPOSITION: No one spoke. Dear Ms. Anderson: DAVID R. MACK submitted a petition to rezot��property at 1770 Old Hudson Road, on the southwest comer of Oid Hudson Road and White Beaz Avenue. The Zoning Committee of the Planning Commission held a public hearing on the proposed rezonina on June 17, 1999. the applicanYs representative addressed the committee. At the close of the public heazing , the committee voted x-0 to recommend approval to zezone to B-3. The Planning Commission uphetd the Zoning Committee's recommendation for approval on a unanimous vote on June 25, 1999. The proposed rezoning is scheduled to be heard by the City Council on July 14, 1999. Please notify me if any member of the City Council wishes to have slides of the site presented at the public heazing. Sincerely, `��.",`� ��,.�� Nancy Frick City Planner Attachments cc: City Councilmembers •a�srxvn?� • rro�ne�o� r�sETb �x�c� _ The SaintPaut Cit�!,Cocmcil wiB eondnet a public hearing-on Wednesday. Jul3 14, 1999, �at 5:30 p.m: in the City Couneil Chambers, Flour, City..Hall- Conr4hoisse, to eansider rezauing properEp at 177001d Audson Road �e southwest eorner ofO}d tfudson;Roattand �Wi�ite Beaz Aveniie, from B-2 Commtmif}r Bvsiness District to B3 General Business Aistrict for the purpase ofiestabSisl�i�g�a carwash. - - Dafed:�d'txi} 3;-t999r= - � � ` . . flhPICtFES1VDERS.OIK ., ' Assisian.tCrtqCuunc�fSecYetacy �.. ,: . �. f�ut}i3� .;; -- ax:R�+�vr.rFOiv[:�ussiC-:•s.•� "I , l�1 �i=� -1, � city of saint paul planning commission resolution file number 99-34 date June 25, 1999 a�_� WHEREAS, DAVID R. MACK, file # 99-122, has petitioned to rezone 1770 OLD HUDSON ROAD, situated on the southwest corner of 01d Hudson Road and White Bear Avenue, from B-2 to B-3 to allow establishment of a car wash; and WHEREAS, the Zoning Committee of the Planning Commission on 06/17/99 held a public hearing at which all persons present were given an opportunity to be heard pursuaFlt to said applicacion in accordance with the requirements of Section 64.300 of the Saint Paul Legislative Code; and WHEREAS, Saint Paul Planning Commission, based on the evidence presented to its Zoning Committee at the public hearing as substantially reflected in the minutes, made the following findings of fact: The owner of the existing service station, David Mack (Hudson Road Holding LLC), proposes to demolish the service station building and construct a new 2,296 square foot car wash as depicted on the site plan. The automated car wash drive-through bay would account for about two-thirds of the new building's area (1,476 sq. ft.); the remainder of the space is devoted to office, mechanical and service. The existing gas pumps would remain and three new pumps would be added. 2. A car wash, as a primary use, is first permitted in the B-3 zoning district, subject to special conditions. 3. The proposed rezoning to B-3 is in conformance with the Saint Paul Comprehensive Plan. The 1999 city land use plan lists Freeway Development Sites among the "Corridors for Growth" (Strategy 3) and states that the City will promote redevelopment of sites with good freeway atcess. The applicanYs plan for upgrading the site is consistent with this policy. Furthermore, "Rezoning along .... redevelopment corridors when ready." is a recommendation listed in the Implementation section of the land use plan. moved by Field seconded by i n favo r �nanimous agai nst Z.F. #99-122 � Page 3 of Resolution � This condition is met. The site plan indicates a 30 foot setback of the exit from White Bear Avenue. 8. The proposed car wash meets the general standards for conditional use permits as stated in Section 64.300(d) of the zoning code, as follows: a. The extent, location and intensity of the use will be in substantial compliance with the Saint Paul Comprehensive Plan and any applicable subarea plans which were approved by the city council. This condition is met. As noted in Finding 3, the land use plan supports development in freeway corridors. A car wash at this location is an appropriate freeway-oriented use. b. The use will provide adequate ingress and egress to minimize traffic congestion in the public streets. This condition is met. The conditions specified by the zoning code for auto laundries (car washes) are intended to ensure adequate ingress and egress to the use. See Finding 7. c. The use will not be detrimental to the existing character of the development in the immediately neighborhood or endanger the public health, safety and general welfare. This condition is met. There are several auto-oriented uses in the immediate area. See Finding 4. d. The use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district. This condition is met. The proposal is an improvement to the property. See Finding 4. e. The use shall, in all other respects, conform to the applicable regulations of the district in which it is located. This condition is met. The car wash will require site plan approval. NOW, THEREFORE, BE I7 RESOLVED, by the Saint Paul Planning Commission that the petition of DAVID M. MACK to rezone property at 1770 OLD HUDSON ROAD, more ��t _�la C� Saint Paul Planning Commission Cify Hall Conference Center 15 Kellogg Boulevard West A meeting of the Planning Commission of the City of Saint Paul was held Friday, June 25, 1999, at 8:30 a.m. in the Conference Center of City Hall. Commissioners Mmes. Donnelly-Cohen, Duarte, Engh, Faricy, Geisser, Morton and Nordin and Present: Messrs. Corbey, Dandrea, Field, Fotsch, Johnson, Kong, Kramer, Nowlin and Shakir. Commissioners Mmes. *McCall and Messrs. *Gervais, *Gordon, *Mardell and *Margulies Absent: *Excused Also Present: Ken Ford, Planning Administrator; Jean Birkholz, Virginia Burke, Nancy Frick, Tom Harren and Lacry Soderholm, Department of Planning and Economic Development staff. I. Approval of Minutes of June 11, 1999 MOTION: Commissianer Kramer moved to approve tke minutes of June 11, I999; Commissioner Nordin seconded the motion wleich carried unanimously on a voice vote. II. Chair's Announcements Chair Morton announced that the Steering Committee met this morning and discussed the following: — The letter of response from the Planning Commission's letter to Ramsey County asking thera to look into using the money they were using to purchase property to rehab properties for residential facilities. The Planning Commission will be sending a letter to the state as well. — The Small Area Plan Guidelines will be going to the Comprehensive Planning Committee. — Possible using the 5`" Friday in July (July 30) to prepare for Ayd Mill Road — A seminar is being planning for the Sth Friday in October (October 29) to discuss items such as redevelopments, etc. TII. Planning Administrator's Announcements Mr. Ford announced that 7ean Birkholz is now preparing action minutes that will be available on the Intemet as soon as possible after Plannin� Commission meetings. Commissioner Field asked if the full minutes will continue to be on the Internet and will the full minutes continue to be prepared. Mr. Ford replied that full minutes will continue to be prepared, and his assumption is that when the ful] minutes have been prepared and approved, �g_�ac� they will replace the action minutes on the Internet unless anyone feels that the action minutes alone should be kept there. Commissioner Field said that he appreciates having the full minutes there. The City Council this week unanimously adopted the North Quadrant Redevetopment Plan. They also directed the Planning Commission to review, by September 1, 1999, what was listed in the minutes as the Hamline Midway Coalition Plan. Ms. Bantley, Hamline Midway Coalition's staff person, stated that she was not clear about it. The plan that they have been working on is not printed yet, and not quite ready for Planning Commission review. Mr. Soderholm informed Mr. Ford that a request has been received for a Hamline Midway Coalition Special Sign District, and that is probably what the City Council action is referring to. The Ciry Council has directed the Heritage Pr.eservation Commission to develop a Heritage Preservation Site and Building Designation Work Plan. Staff has had discussion for a long period of time about the need and interest for a Heritage Preservation Work Plan, which staff in PED may be involved in. That will probably be an item for Planning Commission consideration and review. IV. Zoning Committee #99- 114 Raven Video Games - Change in nonconforming use from a beauty salon to a video game retait rental at 7Q0 Maryland Avenue between Greenbrier and Walsh (Nancy Frick, 266- 6554). Commissioner Field reported that the applicant was not present at the public hearing, and accordingly, the Zoning Committee extended the application and laid the matter over until at least July 1, 1999. #99-122 David R Mack - Rezone property from B-2 to B-3 to raze the existing service station and replace it with a new car wash building at 1770 Old Hudson Road, southwest corner of Old Hudson Road and White Bear Avenue (Nancy Frick, 266-6554). � MOTION: Commissioner Field moved approval of the request to rezone property from B-2 to B-3 to raze the existing service station and replace it witlt a new car-wash building at I770 Old Hudson Road which carried unanimousfy on a voice vote. �99-128 Heartland industries - Special co�dition use permit to allow for outdoor sales of wooden storage sheds and playground equipment at 1601 Rice Street between Wheelock Parkway and Hoyt (Nancy Homans, 2b6-6557j. Commissioner Field reported that the applicant was not present, the Zoning Committee extended the application and voted to lay the case over until 7uly 15, 1999. k99-131 Macalester ColleQe - Special condition use permit to utilize cotlege property located in an RT-2 zoning district as a dormitory at 1576 Summit Avenue beriveen 5nelling and Sarato�a (Virginia Burke, 266-6661). �� _� a� MOTION: Commissioner Field moved approval of tl:e requested special conditian use permit with conditions, to utilize college properly lncated in an RT-2 Zoning district as a dormitory a11576 Summit Avenue. Commissioner Faricy said that she voted against this at Zoning Committee. She was concemed that Macalester could go ahead and �vithin two years probably construct an apartment in the vacant ]ot next to the house. Mr. Soderholm later called to inform her that the 40-acre study done in 1988 specifically specifies that a college would need to build the same thing that was there (a two-floor unit) within 250 feet of the boundary, so she will vote in approval today. Commissioner Fotsch announced that he will refrain from discussion and abstain from voting on this case because his firm represents Macalester College. The motion on the floor carried on a voice vote wilh one abslention (Fotsch). #99-132 Hillcrest Countrv Club - Special condition use permit to replace the existing clubhouse in the same location and to modify the 200-foot setback requirement from residential property. The new clubhouse is proposed with a 145-foot setback at 2200 Larpenteur Avenue, east beriveen Winthrop and McKnight (Nancy Frick, 266-6554). MOTION: Commissioner Fie[d moved approvaf of the requested special condition use permit to replace the exi.sting clubhouse in the same location and to modify the 200 foot setback requirement from residential property to a I45 foot setback at 2200 Larpenteur Avenue, whic/: carried unanimously on a voice vote. #99-133 Hamline Universiri� - Special condition use permit to allow construction of an apartment style residence hall with 24 to 33 foot setbacks in an area where the code requires a 50-foot setback (Englewood Avenue between Simpson and Pascal). Nancy Homans; 266-6557 MOTION: Commissioner Fieltl moved approval pf tlte raequested speciAl candition use permit to allow construction of an apartment sty[e resitlence /iall with 24 to 33 foot setbacks in an area wltere tlae code requires a 50 foot setback at Englewood Avenue between Simpson antl Pascal. Commissioner Geisser asked staff about the one I year extension clause in the expansion of the boundary permit that says if construction is not started within one (1) year from the day of approval, the permit is supposed to be removed and tfiey would need to reapply. Legally, can the Commission go ahead with this today? That permit was granted to solve a parking problem and now the Commission is being told that it will be used for another purpose. Mr. Soderholm explained that at the same time the Planning Commission considered the expansion for parking, since it was a campus expansion, the University submitted its future development plan which included discussion of a 200-student dormitory that was proposed actually in 1992, and which was discussed by the Planning Commission in 1997. In it's resolution at that time, the Planning Commission said that the ne�v dormitory, which was at that time proposed to be at Pascal, a block further north, should probably be designed to be a lar�er footprint at a lower hei�ht that would be more in scale with the neighborhood and would probably require a modification of the 3�-foot setback. The site has changed but the use is no different, but smaller, than what was °lc� - �1 a� ZONING COMMITTEE STAFE REPORT l. APPLICANP; DAVID R. MACK 2. CLASSIFICATION: Rezoning DATE OF HEARING: FILE # 99-122 06/17/99 3. LOCATioN: 1770 OL,D FiUDSON ROAD (southwest corner of Old Hudson and White Bear Avenue) 4. PLANNING DISTRICT: 1 5. LEGAL DESCRIPTION: See File 6. PRESENT ZONING: B-2 ZONING CODE REFERENCE: §64.400 7. STAFF INVESTIGATION AND REPORT: DATE: 6/10/99 BY: Nancy Frick 8. DATE RECEIVED: O5/17/99 DEADLINE FOR ACTION:' 7/16/99 A. PIIRPOSE: Rezone property from B-2 Community Bvsiness District to B-3 General Business for the purpose of establishing a car wash. B. PARCSL SIZE: The parcel has 157 £eet frontage on Old Hudson Road and a total lot area o£ 31,799 square £eet. C. E]LISTING LaND USE: The property is occupied by a four-pump '�cash only" gas station. The old service station building contains an ofEice and vending area. No other auto service is located at the site. D. SIIRROUNDING LAND USE r7orth: Super America gas and convenience store. (B-3) Northeast: Jiffy Lube auto service. (B-3) East: Hardees Restaurant. (B-3) South: 2-94; Commercial. (B-3) West: Embers Restaurant. (B-2) E. ZONING CODE CITATION: Section 64.400(a) of the zoning code states in part, "the council may, from time to time, amend, supplement or change the district boundaries or the regulations herein, or subseguently established herein pursuanC to the provisions of Minnesota Statutes Section 462.357 and amendments thereto as may be made £rom time to time. The planning commission may, from time to time, review district boundary lines to determine if, pursuant to state laws, such district boundary lines should be changed." Section 64.400(b) states in part, "an amendment to the zoning code may be initiated by tfie council, the planning commission or by petition of the owners of sixty-seven (67) percent of the area of the property to be rezoned." Zoning File #99-122 Page 2 qq -�t ac� F. HISTORY/DISCIISSION: The property was commercially zoned in 1964 and Mobil Oil was granted a permit in 1966. In 1998, the applicant applied £or a special condition use permit to allow for an auto car wash building. Through subsequent investigation o£ the application, it was determined that the scale of the proposed use necessitated a rezoning to B-3 General Commercial. G. DISTRICT COIINCIL RSCOE�RIENDATION: None received as of the date o£ this report. H. FINDINGS l. The owner of the existing service station, David Mack (Hudson Road Holding LLC), proposes to demolish the service station building and construct a new 2,296 square foot car wash as depicted on the site plan. The automated car wash drive-through bay would account £or about two- thirds o£ the new building's area (1,476 sq. ft.); the remainder o£ the space is devoted to ofEice, mechanical and service. The existing gas pumps would remain and three new pumps would be added. 2. A car wash, as a primary use, is £irst permitted in the B-3 zoning district, subject to special conditions. If the rezoning application is approved by the city, the special condition use permit application will be handled administratively. Findings 7 and 8 assess the car wash proposal for conformity with the general and specific conditions stated in the code. 3. Tfie proposed rezoning to B-3 is in conformance with the Saint Paul Comprehensive Plan. The 1999 city land use plan lists Freeway Development Sites among the "Corridors for Growth" (Strategy 3) and states that the CiCy will promote redevelopment of sites with good £reeway access. The applicant's plan for upgrading the site is consistent with this policy. Furthermore, "Rezoning along .... redevelopment corridors when ready." is a recommendation listed in the Implementation section of the land use plan. The 1985 District 1 Plan states in its summary that "development will be encouraged that is sensitive to each parcel's unique physical features, existing tra£fic conditions and surrounding uses." The proposed development is appropriate to the parcel's features, traffic conditions and surroundings. 4. The proposed rezoning to B-3 is consistent and compatible with the way the area has developed and will not have an adverse impact on the surrounding area. The B-3 zoning district is intended to "provide sites for more diversi£ied types of businesses than those in the B-i and B-2 Business Districts, and is intended for location along major traffic arteries or adjacent to the Community Business District (B-2)." The site abuts B-2 zoned property to its west. The property to the north, northeast, east and south is zoned B-3. The site overlooks I-94 and has Zoning File #99-122 Page 3 ��C-'�a`° direct access to the I-94/White Bear Avenue interchange. I-94 is a Principal �?rterial and white Bear Avenue is an "A" Minor Arterial. Old Audson Road is a collector street. 5. The applicant submitted a suf£icient petition signed by two-thirds of the property owners within one hundred (i00) £eet o£ the property to be rezoned (4 parcels eligible, 3 parcels needed, and 3 parcels signed). 6. This site could continue to be reasonably used under provisions of the B-2 zoning district, which is intended to "serve the needs o£ a consumer population larger than that served by the Local Business District, and is generally characterized by a cluster of establishments generating large volumes of vehicular and pedestrian traffic." However, the site's location adjacent to the freeway interchange and to other B-3 property suits it as well or better to a B-3 zoning. 7. The approval of the car wash, as a principal use subject to special conditions, will be carried out administratively upon approval of the requested rezoning of 1770 Old Hudson Road. Section 60.544(7) permits auto laundries (car washes), which can be completely enclosed when not in operation, in the B-3 zoning district under the following conditions: a. Any access drive shall be located at Ieast 30 feet from any public street intersection,.measured from the interior curbline commeacing at the intersection 'of the street. This condition is met. The site plan indicates that the easternmost access drive on Old Hudson Road is 45 feet from the intersection of White Bear Avenue and Old Hudson Road. The access drive on White Bear Avenue is 60 feet from the intersection of White Bear Avenue and Old Hudson Road and over 120 £eet from the I-94 ramps on White Bear Avenue. b. Any auto wash Iine exit shaSZ be at Seast 30 feet distant from any street line. - This condition is met. The site plan indicates a 30 £oot setback o£ the exit from White Sear Avenue. 8. The proposed car wash meets the general standards for conditional use permits as stated in Section 64.300(d) of the zoning code, as follows: a. The extent, location and intensity of the use wil2 be in substantial compliance with the Saint Paul Comprehensive Plan and anp applicable subarea plans which were approved by tfie city council. This condition is met. As noted in Finding 3, the land use plan supports development in freeway corridors. A car wash at this location is an appropriate freeway-oriented use. b. The use will provide adequate iagsess and egress to minimize traffic congestion in the public streets. Zoning File #99-122 Page 4 o`c� _ �12-G This condition is met. The conditions speci£ied by the zoning code for auto laundries (car washes) are intended to ensure adequate ingress and egress to the use. See Einding 7. c. The use will aot be detrimeatal to the existiag character of the developmeat in the immediately neighborhood or endanger the public hea2th, safety and general wel£are. This condition is met. There are several auto-oriented uses in the immediate area. See Finding 4. d. The use wi3S not impede the normal aad order2y developmeat aad improvement of the susrounding property for uses permitted in tlxe district. This condition is met. The proposal is an improvement to the property. See Finding 4. e. The use sha21, in a12 other respects, conform to the applicable regalations of the district in which it is located. This condition is met. The car wash will require site plan approval. I. STAFF RECODII2ENDATION: Based on Findings 3 through 8, staff recommenc3s approval of the petition to rezone the property from B-2 to B-3. j�4�'C !./. ,�f'''I Z�.7 �`�G�� e(q'`1�� PETITION TO AMEND THE ZONING CODE Departmenl of Planning and Economic Development �� j� Zoning Section �� II00 City Ha!! Annex C�n'!��' 25 West Fourlh Sireef Saint Paul, M.N 55102 266-6589 APPLICANT � Property PROPERTY LOCATION r` ��1�= Qq-l2Z r�E` �78� . � -�: ��<<n� � G ; Address /6SO Na��r �r.i..� .�o�ed City �i'atnz� St/�?NZip.�S.3S6 Daytime phone6i S3 � Contact person (if different) �l�K�r'(� �ei.��c° %U c:. Address/Location /7 �7C� D�c� /fu�"a� ,eo�� Legal description C46� /q�G �: (aftach additiona/ sheef if necessary) TO THE HONORABLE MAYOR AND C(TY COUNCIL: Pursuant to Section 64.400 of the Saint Paul Zoning Ordinance and to Section 462.357(5) of Minnesota Statues, , the owner of all the land proposed for rezoning, hereby petitions you to rezone the above described property from a �� — Z zoning district to a�—.3 zoning district, for the purpose of: /�n�lO�J� Cx/`�f/.-t� s c��S �E`/ c o,2. s�-�-� �-�- ri �.v C.� t-..1 �.s 4��, `ld.�. (attach addifional sheet(s) if necessary) Atta Re quired s plan ❑ Consent petit+on ❑ Afridavit ❑ Subscribed and sworn to before me fhis � day of (Y� a.� , 19g9 � Notary Public �- ARLENc E. WEIKLE ;',',5�� NOTM^YPUBUC-MINKESOTA :.��' HEPiM£PINCOUNTY M�tmmrssmmE,ofrtsJan s� zao �� Fee owner of property Title:�/''��iae--�� Page 1 of ��_�a-c� ZOIVING PETITION SUFFIC�ENCY CHECK SHEET _ -��- IiEZONING SCUP I�CUP .t..----~^°_ FTRST SUBMITTED DATEPETITIONSUBMI"IT'ED: ^i'� DATE OFFICIALLY RECEIVED: PARCELS ELIGIBLE: PARCELSREQUIRED: PARCELS SIGNED: �� DATE PETITION RESUBMITTED: DATE OFFTCIALLY RECEIVED: PARCELS ELIGIBLE: � PARCELSREQUIRED:�� PARCELS SIGNED: � CHECKED BY: ��'' "�+ �"�� ` � DATE: � S '` /� S- /z-�y'�j ZQiVING FILE �'�-Jz2-� � v�� °�-� a� P�TITZOiti' 7'O REZOi�T� Arr• zD�.vIT or• rE�rirron��r� STATE OF MIi`'1BSOTA) C�INTY OF RAMS�I' ) SS Tlie p�titioner, �c,.�.�}� �/L��p�� , being first dul}� swo!�;i, deooses ar.d states tftat tlte consent p:tition cocttains siona!ures front at least hvo-ttiirds (z/3) oi al1 eii�iole properties ��i[hin 100 feet of all property owned, purdiased, or sold by petitioner ��i�hin one (1) }'ear preczdin� the date of tliis petition t�•hich is conti�uous to the proper[}• described in the petition; petitioner is informzd that the consent petition must contzin si�natures rrom each and all o��•ners of jointl}•-o�cncd property iit order to constitute consent from that prop�cty and that faifure to obtain consent froni each and afi o«ners could in�•alidatz the consent petition; petitionzr belie�•es that die consent petition ��as signed b}• e�ch of said o«•nzrs ar:d that the si�natures are the true and correct sionatures of eacli and a!1 of tne parties so d�sc, ioed. C��°��..'�� /��,r� 2 ti/�z �' tiA�� /.6.s0 ��-�-G �..-� �� =��Z:�� Oio�-la .r2.v 5`S��S� �s5i?) �i�3—�3�8`� it;.��-:o�� :�:uM��:; Subscribed and s«•orn to before me this Ia�' day of (�flc.V 19� �—' �,\�. . ��4 �QO - NOTARI' PUBLIC ARLENE E. WEIKLE � j� NOTARYPUBLiC•MINNESOTA HENNEP;�'CGUN'iY i 1RyCOmmi<9r•Exonc<Jar.31.7W0 ..�..«..� Page_ of 1/31f97 CITY OF SAINT PAUL ��-��-`° AFFIDAVIT OF PERSON CIRCULATING PBTITION - STATE OF MINNESOTA) SS COUNTY OF RAMSEY ) �� i a / , be'mg first duly swom, deposes znd states that he/she is the person who circulated the within petition and consent, consistin� of 3 pages; that affiant is informed and believes that the parties described are the owners respectively of the lots placed unmediately before ezch name, that a�ant is informed and believes that each of the parties described above is the owner of the property which is within 100 feet from any property oti;ned or purchased by petitioner or sold by petitioner �vithin one (1) year precedin� the date of this petition which is contiguous to the property described in the petition; that except for none ofthe parties described above has purchased or is purchasing propzrty from the petitioner contiwous to thz above described property �vithin one (1) year of the date of the petition; that this consent was si�ned by each of said owners in the presences of this affiant, and that the signatures are the true and ceTect sigaatures of each and afl ofthe puties so described. Subscribed and swom to before me this ! a�` day of Ma_� , 19g� a � , � . -•._ /�� r� '� - ADDRESS Q�oho� �oc� �� 6i�96 3-g�8 � TELEPHONE NUMBER ! ' �� NJTARYPUBLIC-MINNESOTA � HEfvNEPIN CAUNTY NOTARY PUBLIC � '"yc°'""'�""F'°"�"".".z°°° �I'z'�' O� SA.�N?C �A.YJ�., c�a-� a� CONSBNI' OF ADJOINING PROPERTY OWNERS POR A ItEZON�IYG We, ihe undersigned, o�vners of the property within 100 feet ofthc tota( contiguous description of real estafe ovmed, purclilsed, or sold by THG PETITIONER tivithin onc ycar precedin� the date of this petition ackno�vledoe that �ve have becn presented �4•ith the follo�vino: Acopyofthepetitionof �/ud�ov� �� /��i,�eS L.[_C, (name of petitioner) to rezone the property located at _L� /� � f�p.�� frum 1�zonin� district to 2�— � zoning district. 2. A copy ofsections3Y7"w.� ( hrougli ZZ, �i�clusive ofthe Saint Paul Zoning Code; and lckno��ledge that tce are aware o 111 of the uses pennitted in 1 j� —3 zonin� district and we are a«�are that �ny of these uses cnn be established upon City Council approval of the rezonino. �Ve hereUy conseiit to the rezoning of'the property in the petition of; l-�vc}sov�l�� l�� ( to1 l�-� zoningdistrict. (i�ame of petitioner) tiVc conscnt to tlic approvzl of fhis i•ezoning as if �vas explained to us by fhe applic�nf or his/her representative. � �(( ' ( � ADi)RFSS OR P,I.N. Y. � RIiCORn O\4N1?R SICiN T RF DAT6 /7S3 Gt Cr v t (,�}o �� h}1dS�n �� w ti z io i�58 o�p ,frYfsv- 6J1��3 �5.4-�.� ti�- -�� , / :�58 wd,re /3E.wz h�.,:. �—��/ ��/fPqNG.�� /�f�QQ�S hpUQ SYSTe'MS.�G. 1 h lA A �� A N I� "'T/ NOTE: This petition shall not be considered as officially filed unti� the lapse of seven (7) �vorking days after it is received by the Planning Division. Any signator of this petition may withdraw his%her name therefrom by written request within that time. c` °l-'l� � � SI3NRAY-BAT"IZECREEK-HIGHWOOD 2. HAZEL PARK HADEN-PROSPERITY HI"LLCREST 3. WEST SIDE �. DAXTON'S BLUFF 5. PAYNE-PHALEN 6. NORTH END 7. THOMAS•DAI,B S. SUMMIT•UNIVERSITY 9. WEST SE�NTH 1Q. COMO 11. HAMLINE•MIDWAY 12. ST. AN"IT�O� IY PAR� 13. hiERRIAM PARK-LEXIlti'GTON I-LAMI.I��-S�;�LLINC H;.�s�,r�� ?4. h1ACALESTER GROVEIAND 1S. HIGHLA�`ID 16. SU44i�SrT HILL 17. DOWiITOWN �� - ZQNING F�L�f -�� CITIZEN PARTTCiPATION PTANIv�TG DISTRICTS a�l -�a� / 1 Z 1� Z�� . � r li _ -. . - . . • r r � 0 C - i �y 220 7� i.;�,�. C� 6 � f � 12�CP II � I r' O[ Q r . �,'�i� I " 0 ,,,. » . 4� ��`, 6 �'� �� r � V0.CATED -12-G� \ ,� 0 � .` p � brn JGC. si0"691 " ' 6r" � Zr° '_'_.[C' _" _' � '_� 06S �. �6 ' li _ y _ _' ' m 4� 05 (43? �'�" .G9ac. . c S -.' 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HWY• _ - - � I I I � w� � � � i � � Q �� ¢ `� � m�� i Z 4 � 1 I I I I I f i � -----��- _� __y{_ ��o- -- . : � '�'� ��_�a� � .F, - q4'-12Z � � � CP 2 �SNili PARn1,�oA, PAPY.iu� � 1 � �\ � \�.l\ �R o'Pos E D SCaN—FJ7—'3Y 11 :4E� i+Fi 3. S. F.EfiL. ESTiiTE T0��0 �l F 8_. STATEU�NT OF ENCROAGN�!ENTS M!L� ��+ �✓� MYw+�li n JM IA�) .1 r �µ��<�'M� �'r / Ww� 1� �M� �. y o.uerl wa Illi)II. E+1'14415 �c _ s� ��wl N� IIY�Y . . - f^ �� .l '� � , �� " � ON ROA� R �b , --�-- Ht�ps •�• " O�D nvraes�u� �.�1 � D"^�"� HCIe� L1bWT PoLE - ^�IA ` .,Ilp � 1 y� n � . $ I � r � U a O I �F � ' 1�1 � O O{r.� �t{,�y�{� , .K�.4.90 - I � l L /� /' r � +o.a�rc' � �w� I � � 1 yp v � E6150NbbnS_/ �� I ��MPTO F� Roo+w�'i � / ,� � � T�C �' / � � � v O � � t � �\ / ��wti � ! I s� \ � r M J � NFLt LWyT p � fb1.E _ � � � � � �.+'�NE4l � F I . bp � NEU h1NP t 1 vncuu q � � � �Htl,J �«Wo, �� i<A0.Wa5H � 80A0.D �f r1 �� 6 �A6�� ° ' f'I �� .n.• n�� +�.,�� 'i�. i� �NT �I � ,-: :vI � v y � �;�sriar�:. I � _i �e� � � f )h�� . � � ..__ '' � � �� Y � � � � � ' � _....M"_�! � HWY N0. 94 iG � °�°� _� �� F. �J•� h�.qF p�p qlt P ��1 �PJ � ' { � 1 � � � � � w � � I � � d �I b� �� @ C' m � � �i z i � � � � � � v f � � � =_� C , � . 30 >., �. . F'. 1 � O :. .�. q9-iZZ 01 c�. �d5vr.��, `�`�_��' � � � ,�. - aq - � Z 1�70 a� d. �I�v.d�w� s z LL � J 'S � § m � 9 Y� s �` �R� � Q E�- � � °t � -� �-� Council File # \ \ � � a.�o ORlGiNAL Ordinance # Green Sheet # ��3g 0 Presented By 3� ORDINANCE CITY OF SAINT PAUL, MINNESOTA Referred To Committee: Date An ordinance amending Chapter 60 of the Saint Paul Legislative Code pertaining to zoning for the City of Saint Paul and the zoning maps thereof: 0 6 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 WHEREAS, Pursuant to Minnesota Statutes §462357 and §64.400 of the Legislative Code, DAVID R. MACK duly petitioned to rezone 1770 OLD HUDSON ROAD being legally described as the East 196 feet of the Southeast Quarter of Section 34, Township 29, Range 221ying Southerly of Old Hudson Road and Northerly of State Highway No. 12, Ramsey County, Minnesota, from B-2 to B-3 to allow establishment of a car wash, the petition having been certified by the Planning Division on May 15, 1999 as having been consented to by at least 67 percent of the owners of the area to be rezoned, and further having been consented to by at least two-thirds of the owners of the property situated within 100 feet of the total contiguous property within one year preceding the date of the petition; and WHEREAS, the Zoning Committee of the Planning Commission held a public heazing on June 17, 1999, for the purpose of considering the rezoning petition, and pursuant to § 107.03 of the Administrative Code, submitted its recommendation to the Planning Commission that the petition be granted; and WHEREAS, the Planning Commission considered the rezoning petition at its meeting held on June 25, 1999, and recommended that the City Council approve the petition; and � WIIEREAS, notice of public hearing before the City Council on said rezoning petition was duly published in the official newspaper of the City on July 3, 1999, and notices were duly mailed to each owner of affected property and property situated wholly or partly within 350 feet or the property sought to be rezoned; and WHEREAS, a public hearing before the City Council having been conducted on July 14, 1999, at which all interested parties were given an opportunity to be heard, the Council having considered all the facts and recommendations concerning the petition; now, therefore THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: Section 1. 33 That the zoning map of the City of Saint Paul, Sheet Number 23, as incorporated by reference in"i§60.301 of 34 the Saint Paul Legislarive Code, as amended, is hereby fixrther amended as follows: 35 36 That the property at 1770 Old Hudson Road, being more particularly described as: 37 PI�Rt �cu�r x ..T►7 ca� .a: .-��.nrr. �i 38 39 40 41 42 43 44 45 46 as the East 196 feet of the Southeast Quarter of Secrion 34, Township 29, Range 221ying Southerly of Old Hudson Road and Northerly of State Highway No. 12, Ramsey County, Minnesota 49 q�' be and is hereby rezoned from B-2 to B-3. Section 2. This ordinance sl�all take effect and be in force thirty (30) days from and after its passage, approval and publication. PIIRt1.CUGn � . .�:;�IAL Adoption Certified by Council Secretary Hy: tl- Approved by aa or: D e .� `� ` By: . : .:.. Requested by Department of: Plannin & Economic Develo ment � r $Y: e (J ��/ Form Approved by City Attomey q,� .1a-� (S l4`� `� GREEN No 09380 �� -i. FOR TOTAL # OF SIGNATURE PAGES / N REQUESTFD Or�i/lancR � �re�.or,2 1 C3- a -b 3- 3. Cow�<i 1 jn't2h"t o►, �1�1y 1`f � �999 , � 111YAlTOAIEY ___„_��Q� ❑ tll'f CtFR�( � ❑ AIWICI0.1.4ERVICFSqR ❑ iNL1YYL9ERV/RCCfC � WYORNRA498� � �=l (CLIP ALL L CATIONS FOR SIGNATURE) p� d �(-�dse � �0 0.d �,-�.�,, a pp�-c v¢ d r•�+o++ c+, o-�` PLANNING COMMISSION CIB COMMfTfEE CNIL SERVICE COMMISSION Has this persoNfirm ever wnrked uMer a contrec[ fw this tlepartmeM? VES NO Has this Person/firm ever heen a cilY emDbY�7 YES NO Does this peisoMrm possess a sldll not nortnallypossessed by a�ry cuiretR city empbyee? YES NO Is this peiso�rm a tarpetetl �entloR � YES NO Counc.i,t ctpproved ma�-%a„ of' ;�teht � rezene 17�d O!�! �.t.tdsmn Roac� �ro.�, a-Z ��8- 3 on .1u I y /y /�t9�j, 7h,'s . ard; nanc 2 �u/!�i//s `/�e, Coun�; /'s � nt¢K.rt . IFAPPROVED P►-o�-� re�n ed as app,b��e.d 6� l._.OKrtCr�. �. �,,�� IFAPPROVED u�;�.. t �+ fg�� ANTAGES IF NOT APPROVED •� -'r s�*"Y� Cccw,c,;!'s IH"E.Ph� not i�np/er►,ent� � t�` ``' , sd AMOUNT OF TRANSACTION S / COST/REVENUE BUOGETED (GRCLE ONE) ACTIVITY NUhffiER INFORMAiION (IXPWN) VES NO ...� .t' ♦... JUL 2 DEPARTMENT OF PLANNING & ECONOMIC DEVELOPMENT Brian Sweeney, Interim Director CITY OF SAII�]'T PAUL Norm Coleman. M¢yor 25 West Founh St�eer Saint Paul, MN 55102 June 29, 1999 Nancy Anderson Secretary to the CiTy Council Room 310 City Hall Saint Paul, Minnesota 55102 RE: Zoning File #99-122 DAVID R. MACK City Council Hearing: July 14, 1999, 530 p.m. City Council Chambers aq. �a-4 � ` Telephone: 657-266-6626 Facs im ile: 651-2283337 PURPOSE: To consider rezoning property at 1770 Old Hudson Road, on the southwest corner of Old Hudson Road and White Bear Avenue, from B-2 Community Business District to B-3 General Business District for the purpose of establishing a car wash. PLANNING COMMIS5ION RECOMMENDATION: APPROVAL vote: unanimous ZONING COMMITTEE RECOD�iENDATION: APPROVAL votes: 5-0 STAFF RECOMMENDATION: APPROVAL SUPPORT: No one spoke. OPPOSITION: No one spoke. Dear Ms. Anderson: DAVID R. MACK submitted a petition to rezot��property at 1770 Old Hudson Road, on the southwest comer of Oid Hudson Road and White Beaz Avenue. The Zoning Committee of the Planning Commission held a public hearing on the proposed rezonina on June 17, 1999. the applicanYs representative addressed the committee. At the close of the public heazing , the committee voted x-0 to recommend approval to zezone to B-3. The Planning Commission uphetd the Zoning Committee's recommendation for approval on a unanimous vote on June 25, 1999. The proposed rezoning is scheduled to be heard by the City Council on July 14, 1999. Please notify me if any member of the City Council wishes to have slides of the site presented at the public heazing. Sincerely, `��.",`� ��,.�� Nancy Frick City Planner Attachments cc: City Councilmembers •a�srxvn?� • rro�ne�o� r�sETb �x�c� _ The SaintPaut Cit�!,Cocmcil wiB eondnet a public hearing-on Wednesday. Jul3 14, 1999, �at 5:30 p.m: in the City Couneil Chambers, Flour, City..Hall- Conr4hoisse, to eansider rezauing properEp at 177001d Audson Road �e southwest eorner ofO}d tfudson;Roattand �Wi�ite Beaz Aveniie, from B-2 Commtmif}r Bvsiness District to B3 General Business Aistrict for the purpase ofiestabSisl�i�g�a carwash. - - Dafed:�d'txi} 3;-t999r= - � � ` . . flhPICtFES1VDERS.OIK ., ' Assisian.tCrtqCuunc�fSecYetacy �.. ,: . �. f�ut}i3� .;; -- ax:R�+�vr.rFOiv[:�ussiC-:•s.•� "I , l�1 �i=� -1, � city of saint paul planning commission resolution file number 99-34 date June 25, 1999 a�_� WHEREAS, DAVID R. MACK, file # 99-122, has petitioned to rezone 1770 OLD HUDSON ROAD, situated on the southwest corner of 01d Hudson Road and White Bear Avenue, from B-2 to B-3 to allow establishment of a car wash; and WHEREAS, the Zoning Committee of the Planning Commission on 06/17/99 held a public hearing at which all persons present were given an opportunity to be heard pursuaFlt to said applicacion in accordance with the requirements of Section 64.300 of the Saint Paul Legislative Code; and WHEREAS, Saint Paul Planning Commission, based on the evidence presented to its Zoning Committee at the public hearing as substantially reflected in the minutes, made the following findings of fact: The owner of the existing service station, David Mack (Hudson Road Holding LLC), proposes to demolish the service station building and construct a new 2,296 square foot car wash as depicted on the site plan. The automated car wash drive-through bay would account for about two-thirds of the new building's area (1,476 sq. ft.); the remainder of the space is devoted to office, mechanical and service. The existing gas pumps would remain and three new pumps would be added. 2. A car wash, as a primary use, is first permitted in the B-3 zoning district, subject to special conditions. 3. The proposed rezoning to B-3 is in conformance with the Saint Paul Comprehensive Plan. The 1999 city land use plan lists Freeway Development Sites among the "Corridors for Growth" (Strategy 3) and states that the City will promote redevelopment of sites with good freeway atcess. The applicanYs plan for upgrading the site is consistent with this policy. Furthermore, "Rezoning along .... redevelopment corridors when ready." is a recommendation listed in the Implementation section of the land use plan. moved by Field seconded by i n favo r �nanimous agai nst Z.F. #99-122 � Page 3 of Resolution � This condition is met. The site plan indicates a 30 foot setback of the exit from White Bear Avenue. 8. The proposed car wash meets the general standards for conditional use permits as stated in Section 64.300(d) of the zoning code, as follows: a. The extent, location and intensity of the use will be in substantial compliance with the Saint Paul Comprehensive Plan and any applicable subarea plans which were approved by the city council. This condition is met. As noted in Finding 3, the land use plan supports development in freeway corridors. A car wash at this location is an appropriate freeway-oriented use. b. The use will provide adequate ingress and egress to minimize traffic congestion in the public streets. This condition is met. The conditions specified by the zoning code for auto laundries (car washes) are intended to ensure adequate ingress and egress to the use. See Finding 7. c. The use will not be detrimental to the existing character of the development in the immediately neighborhood or endanger the public health, safety and general welfare. This condition is met. There are several auto-oriented uses in the immediate area. See Finding 4. d. The use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district. This condition is met. The proposal is an improvement to the property. See Finding 4. e. The use shall, in all other respects, conform to the applicable regulations of the district in which it is located. This condition is met. The car wash will require site plan approval. NOW, THEREFORE, BE I7 RESOLVED, by the Saint Paul Planning Commission that the petition of DAVID M. MACK to rezone property at 1770 OLD HUDSON ROAD, more ��t _�la C� Saint Paul Planning Commission Cify Hall Conference Center 15 Kellogg Boulevard West A meeting of the Planning Commission of the City of Saint Paul was held Friday, June 25, 1999, at 8:30 a.m. in the Conference Center of City Hall. Commissioners Mmes. Donnelly-Cohen, Duarte, Engh, Faricy, Geisser, Morton and Nordin and Present: Messrs. Corbey, Dandrea, Field, Fotsch, Johnson, Kong, Kramer, Nowlin and Shakir. Commissioners Mmes. *McCall and Messrs. *Gervais, *Gordon, *Mardell and *Margulies Absent: *Excused Also Present: Ken Ford, Planning Administrator; Jean Birkholz, Virginia Burke, Nancy Frick, Tom Harren and Lacry Soderholm, Department of Planning and Economic Development staff. I. Approval of Minutes of June 11, 1999 MOTION: Commissianer Kramer moved to approve tke minutes of June 11, I999; Commissioner Nordin seconded the motion wleich carried unanimously on a voice vote. II. Chair's Announcements Chair Morton announced that the Steering Committee met this morning and discussed the following: — The letter of response from the Planning Commission's letter to Ramsey County asking thera to look into using the money they were using to purchase property to rehab properties for residential facilities. The Planning Commission will be sending a letter to the state as well. — The Small Area Plan Guidelines will be going to the Comprehensive Planning Committee. — Possible using the 5`" Friday in July (July 30) to prepare for Ayd Mill Road — A seminar is being planning for the Sth Friday in October (October 29) to discuss items such as redevelopments, etc. TII. Planning Administrator's Announcements Mr. Ford announced that 7ean Birkholz is now preparing action minutes that will be available on the Intemet as soon as possible after Plannin� Commission meetings. Commissioner Field asked if the full minutes will continue to be on the Internet and will the full minutes continue to be prepared. Mr. Ford replied that full minutes will continue to be prepared, and his assumption is that when the ful] minutes have been prepared and approved, �g_�ac� they will replace the action minutes on the Internet unless anyone feels that the action minutes alone should be kept there. Commissioner Field said that he appreciates having the full minutes there. The City Council this week unanimously adopted the North Quadrant Redevetopment Plan. They also directed the Planning Commission to review, by September 1, 1999, what was listed in the minutes as the Hamline Midway Coalition Plan. Ms. Bantley, Hamline Midway Coalition's staff person, stated that she was not clear about it. The plan that they have been working on is not printed yet, and not quite ready for Planning Commission review. Mr. Soderholm informed Mr. Ford that a request has been received for a Hamline Midway Coalition Special Sign District, and that is probably what the City Council action is referring to. The Ciry Council has directed the Heritage Pr.eservation Commission to develop a Heritage Preservation Site and Building Designation Work Plan. Staff has had discussion for a long period of time about the need and interest for a Heritage Preservation Work Plan, which staff in PED may be involved in. That will probably be an item for Planning Commission consideration and review. IV. Zoning Committee #99- 114 Raven Video Games - Change in nonconforming use from a beauty salon to a video game retait rental at 7Q0 Maryland Avenue between Greenbrier and Walsh (Nancy Frick, 266- 6554). Commissioner Field reported that the applicant was not present at the public hearing, and accordingly, the Zoning Committee extended the application and laid the matter over until at least July 1, 1999. #99-122 David R Mack - Rezone property from B-2 to B-3 to raze the existing service station and replace it with a new car wash building at 1770 Old Hudson Road, southwest corner of Old Hudson Road and White Bear Avenue (Nancy Frick, 266-6554). � MOTION: Commissioner Field moved approval of the request to rezone property from B-2 to B-3 to raze the existing service station and replace it witlt a new car-wash building at I770 Old Hudson Road which carried unanimousfy on a voice vote. �99-128 Heartland industries - Special co�dition use permit to allow for outdoor sales of wooden storage sheds and playground equipment at 1601 Rice Street between Wheelock Parkway and Hoyt (Nancy Homans, 2b6-6557j. Commissioner Field reported that the applicant was not present, the Zoning Committee extended the application and voted to lay the case over until 7uly 15, 1999. k99-131 Macalester ColleQe - Special condition use permit to utilize cotlege property located in an RT-2 zoning district as a dormitory at 1576 Summit Avenue beriveen 5nelling and Sarato�a (Virginia Burke, 266-6661). �� _� a� MOTION: Commissioner Field moved approval of tl:e requested special conditian use permit with conditions, to utilize college properly lncated in an RT-2 Zoning district as a dormitory a11576 Summit Avenue. Commissioner Faricy said that she voted against this at Zoning Committee. She was concemed that Macalester could go ahead and �vithin two years probably construct an apartment in the vacant ]ot next to the house. Mr. Soderholm later called to inform her that the 40-acre study done in 1988 specifically specifies that a college would need to build the same thing that was there (a two-floor unit) within 250 feet of the boundary, so she will vote in approval today. Commissioner Fotsch announced that he will refrain from discussion and abstain from voting on this case because his firm represents Macalester College. The motion on the floor carried on a voice vote wilh one abslention (Fotsch). #99-132 Hillcrest Countrv Club - Special condition use permit to replace the existing clubhouse in the same location and to modify the 200-foot setback requirement from residential property. The new clubhouse is proposed with a 145-foot setback at 2200 Larpenteur Avenue, east beriveen Winthrop and McKnight (Nancy Frick, 266-6554). MOTION: Commissioner Fie[d moved approvaf of the requested special condition use permit to replace the exi.sting clubhouse in the same location and to modify the 200 foot setback requirement from residential property to a I45 foot setback at 2200 Larpenteur Avenue, whic/: carried unanimously on a voice vote. #99-133 Hamline Universiri� - Special condition use permit to allow construction of an apartment style residence hall with 24 to 33 foot setbacks in an area where the code requires a 50-foot setback (Englewood Avenue between Simpson and Pascal). Nancy Homans; 266-6557 MOTION: Commissioner Fieltl moved approval pf tlte raequested speciAl candition use permit to allow construction of an apartment sty[e resitlence /iall with 24 to 33 foot setbacks in an area wltere tlae code requires a 50 foot setback at Englewood Avenue between Simpson antl Pascal. Commissioner Geisser asked staff about the one I year extension clause in the expansion of the boundary permit that says if construction is not started within one (1) year from the day of approval, the permit is supposed to be removed and tfiey would need to reapply. Legally, can the Commission go ahead with this today? That permit was granted to solve a parking problem and now the Commission is being told that it will be used for another purpose. Mr. Soderholm explained that at the same time the Planning Commission considered the expansion for parking, since it was a campus expansion, the University submitted its future development plan which included discussion of a 200-student dormitory that was proposed actually in 1992, and which was discussed by the Planning Commission in 1997. In it's resolution at that time, the Planning Commission said that the ne�v dormitory, which was at that time proposed to be at Pascal, a block further north, should probably be designed to be a lar�er footprint at a lower hei�ht that would be more in scale with the neighborhood and would probably require a modification of the 3�-foot setback. The site has changed but the use is no different, but smaller, than what was °lc� - �1 a� ZONING COMMITTEE STAFE REPORT l. APPLICANP; DAVID R. MACK 2. CLASSIFICATION: Rezoning DATE OF HEARING: FILE # 99-122 06/17/99 3. LOCATioN: 1770 OL,D FiUDSON ROAD (southwest corner of Old Hudson and White Bear Avenue) 4. PLANNING DISTRICT: 1 5. LEGAL DESCRIPTION: See File 6. PRESENT ZONING: B-2 ZONING CODE REFERENCE: §64.400 7. STAFF INVESTIGATION AND REPORT: DATE: 6/10/99 BY: Nancy Frick 8. DATE RECEIVED: O5/17/99 DEADLINE FOR ACTION:' 7/16/99 A. PIIRPOSE: Rezone property from B-2 Community Bvsiness District to B-3 General Business for the purpose of establishing a car wash. B. PARCSL SIZE: The parcel has 157 £eet frontage on Old Hudson Road and a total lot area o£ 31,799 square £eet. C. E]LISTING LaND USE: The property is occupied by a four-pump '�cash only" gas station. The old service station building contains an ofEice and vending area. No other auto service is located at the site. D. SIIRROUNDING LAND USE r7orth: Super America gas and convenience store. (B-3) Northeast: Jiffy Lube auto service. (B-3) East: Hardees Restaurant. (B-3) South: 2-94; Commercial. (B-3) West: Embers Restaurant. (B-2) E. ZONING CODE CITATION: Section 64.400(a) of the zoning code states in part, "the council may, from time to time, amend, supplement or change the district boundaries or the regulations herein, or subseguently established herein pursuanC to the provisions of Minnesota Statutes Section 462.357 and amendments thereto as may be made £rom time to time. The planning commission may, from time to time, review district boundary lines to determine if, pursuant to state laws, such district boundary lines should be changed." Section 64.400(b) states in part, "an amendment to the zoning code may be initiated by tfie council, the planning commission or by petition of the owners of sixty-seven (67) percent of the area of the property to be rezoned." Zoning File #99-122 Page 2 qq -�t ac� F. HISTORY/DISCIISSION: The property was commercially zoned in 1964 and Mobil Oil was granted a permit in 1966. In 1998, the applicant applied £or a special condition use permit to allow for an auto car wash building. Through subsequent investigation o£ the application, it was determined that the scale of the proposed use necessitated a rezoning to B-3 General Commercial. G. DISTRICT COIINCIL RSCOE�RIENDATION: None received as of the date o£ this report. H. FINDINGS l. The owner of the existing service station, David Mack (Hudson Road Holding LLC), proposes to demolish the service station building and construct a new 2,296 square foot car wash as depicted on the site plan. The automated car wash drive-through bay would account £or about two- thirds o£ the new building's area (1,476 sq. ft.); the remainder o£ the space is devoted to ofEice, mechanical and service. The existing gas pumps would remain and three new pumps would be added. 2. A car wash, as a primary use, is £irst permitted in the B-3 zoning district, subject to special conditions. If the rezoning application is approved by the city, the special condition use permit application will be handled administratively. Findings 7 and 8 assess the car wash proposal for conformity with the general and specific conditions stated in the code. 3. Tfie proposed rezoning to B-3 is in conformance with the Saint Paul Comprehensive Plan. The 1999 city land use plan lists Freeway Development Sites among the "Corridors for Growth" (Strategy 3) and states that the CiCy will promote redevelopment of sites with good £reeway access. The applicant's plan for upgrading the site is consistent with this policy. Furthermore, "Rezoning along .... redevelopment corridors when ready." is a recommendation listed in the Implementation section of the land use plan. The 1985 District 1 Plan states in its summary that "development will be encouraged that is sensitive to each parcel's unique physical features, existing tra£fic conditions and surrounding uses." The proposed development is appropriate to the parcel's features, traffic conditions and surroundings. 4. The proposed rezoning to B-3 is consistent and compatible with the way the area has developed and will not have an adverse impact on the surrounding area. The B-3 zoning district is intended to "provide sites for more diversi£ied types of businesses than those in the B-i and B-2 Business Districts, and is intended for location along major traffic arteries or adjacent to the Community Business District (B-2)." The site abuts B-2 zoned property to its west. The property to the north, northeast, east and south is zoned B-3. The site overlooks I-94 and has Zoning File #99-122 Page 3 ��C-'�a`° direct access to the I-94/White Bear Avenue interchange. I-94 is a Principal �?rterial and white Bear Avenue is an "A" Minor Arterial. Old Audson Road is a collector street. 5. The applicant submitted a suf£icient petition signed by two-thirds of the property owners within one hundred (i00) £eet o£ the property to be rezoned (4 parcels eligible, 3 parcels needed, and 3 parcels signed). 6. This site could continue to be reasonably used under provisions of the B-2 zoning district, which is intended to "serve the needs o£ a consumer population larger than that served by the Local Business District, and is generally characterized by a cluster of establishments generating large volumes of vehicular and pedestrian traffic." However, the site's location adjacent to the freeway interchange and to other B-3 property suits it as well or better to a B-3 zoning. 7. The approval of the car wash, as a principal use subject to special conditions, will be carried out administratively upon approval of the requested rezoning of 1770 Old Hudson Road. Section 60.544(7) permits auto laundries (car washes), which can be completely enclosed when not in operation, in the B-3 zoning district under the following conditions: a. Any access drive shall be located at Ieast 30 feet from any public street intersection,.measured from the interior curbline commeacing at the intersection 'of the street. This condition is met. The site plan indicates that the easternmost access drive on Old Hudson Road is 45 feet from the intersection of White Bear Avenue and Old Hudson Road. The access drive on White Bear Avenue is 60 feet from the intersection of White Bear Avenue and Old Hudson Road and over 120 £eet from the I-94 ramps on White Bear Avenue. b. Any auto wash Iine exit shaSZ be at Seast 30 feet distant from any street line. - This condition is met. The site plan indicates a 30 £oot setback o£ the exit from White Sear Avenue. 8. The proposed car wash meets the general standards for conditional use permits as stated in Section 64.300(d) of the zoning code, as follows: a. The extent, location and intensity of the use wil2 be in substantial compliance with the Saint Paul Comprehensive Plan and anp applicable subarea plans which were approved by tfie city council. This condition is met. As noted in Finding 3, the land use plan supports development in freeway corridors. A car wash at this location is an appropriate freeway-oriented use. b. The use will provide adequate iagsess and egress to minimize traffic congestion in the public streets. Zoning File #99-122 Page 4 o`c� _ �12-G This condition is met. The conditions speci£ied by the zoning code for auto laundries (car washes) are intended to ensure adequate ingress and egress to the use. See Einding 7. c. The use will aot be detrimeatal to the existiag character of the developmeat in the immediately neighborhood or endanger the public hea2th, safety and general wel£are. This condition is met. There are several auto-oriented uses in the immediate area. See Finding 4. d. The use wi3S not impede the normal aad order2y developmeat aad improvement of the susrounding property for uses permitted in tlxe district. This condition is met. The proposal is an improvement to the property. See Finding 4. e. The use sha21, in a12 other respects, conform to the applicable regalations of the district in which it is located. This condition is met. The car wash will require site plan approval. I. STAFF RECODII2ENDATION: Based on Findings 3 through 8, staff recommenc3s approval of the petition to rezone the property from B-2 to B-3. j�4�'C !./. ,�f'''I Z�.7 �`�G�� e(q'`1�� PETITION TO AMEND THE ZONING CODE Departmenl of Planning and Economic Development �� j� Zoning Section �� II00 City Ha!! Annex C�n'!��' 25 West Fourlh Sireef Saint Paul, M.N 55102 266-6589 APPLICANT � Property PROPERTY LOCATION r` ��1�= Qq-l2Z r�E` �78� . � -�: ��<<n� � G ; Address /6SO Na��r �r.i..� .�o�ed City �i'atnz� St/�?NZip.�S.3S6 Daytime phone6i S3 � Contact person (if different) �l�K�r'(� �ei.��c° %U c:. Address/Location /7 �7C� D�c� /fu�"a� ,eo�� Legal description C46� /q�G �: (aftach additiona/ sheef if necessary) TO THE HONORABLE MAYOR AND C(TY COUNCIL: Pursuant to Section 64.400 of the Saint Paul Zoning Ordinance and to Section 462.357(5) of Minnesota Statues, , the owner of all the land proposed for rezoning, hereby petitions you to rezone the above described property from a �� — Z zoning district to a�—.3 zoning district, for the purpose of: /�n�lO�J� Cx/`�f/.-t� s c��S �E`/ c o,2. s�-�-� �-�- ri �.v C.� t-..1 �.s 4��, `ld.�. (attach addifional sheet(s) if necessary) Atta Re quired s plan ❑ Consent petit+on ❑ Afridavit ❑ Subscribed and sworn to before me fhis � day of (Y� a.� , 19g9 � Notary Public �- ARLENc E. WEIKLE ;',',5�� NOTM^YPUBUC-MINKESOTA :.��' HEPiM£PINCOUNTY M�tmmrssmmE,ofrtsJan s� zao �� Fee owner of property Title:�/''��iae--�� Page 1 of ��_�a-c� ZOIVING PETITION SUFFIC�ENCY CHECK SHEET _ -��- IiEZONING SCUP I�CUP .t..----~^°_ FTRST SUBMITTED DATEPETITIONSUBMI"IT'ED: ^i'� DATE OFFICIALLY RECEIVED: PARCELS ELIGIBLE: PARCELSREQUIRED: PARCELS SIGNED: �� DATE PETITION RESUBMITTED: DATE OFFTCIALLY RECEIVED: PARCELS ELIGIBLE: � PARCELSREQUIRED:�� PARCELS SIGNED: � CHECKED BY: ��'' "�+ �"�� ` � DATE: � S '` /� S- /z-�y'�j ZQiVING FILE �'�-Jz2-� � v�� °�-� a� P�TITZOiti' 7'O REZOi�T� Arr• zD�.vIT or• rE�rirron��r� STATE OF MIi`'1BSOTA) C�INTY OF RAMS�I' ) SS Tlie p�titioner, �c,.�.�}� �/L��p�� , being first dul}� swo!�;i, deooses ar.d states tftat tlte consent p:tition cocttains siona!ures front at least hvo-ttiirds (z/3) oi al1 eii�iole properties ��i[hin 100 feet of all property owned, purdiased, or sold by petitioner ��i�hin one (1) }'ear preczdin� the date of tliis petition t�•hich is conti�uous to the proper[}• described in the petition; petitioner is informzd that the consent petition must contzin si�natures rrom each and all o��•ners of jointl}•-o�cncd property iit order to constitute consent from that prop�cty and that faifure to obtain consent froni each and afi o«ners could in�•alidatz the consent petition; petitionzr belie�•es that die consent petition ��as signed b}• e�ch of said o«•nzrs ar:d that the si�natures are the true and correct sionatures of eacli and a!1 of tne parties so d�sc, ioed. C��°��..'�� /��,r� 2 ti/�z �' tiA�� /.6.s0 ��-�-G �..-� �� =��Z:�� Oio�-la .r2.v 5`S��S� �s5i?) �i�3—�3�8`� it;.��-:o�� :�:uM��:; Subscribed and s«•orn to before me this Ia�' day of (�flc.V 19� �—' �,\�. . ��4 �QO - NOTARI' PUBLIC ARLENE E. WEIKLE � j� NOTARYPUBLiC•MINNESOTA HENNEP;�'CGUN'iY i 1RyCOmmi<9r•Exonc<Jar.31.7W0 ..�..«..� Page_ of 1/31f97 CITY OF SAINT PAUL ��-��-`° AFFIDAVIT OF PERSON CIRCULATING PBTITION - STATE OF MINNESOTA) SS COUNTY OF RAMSEY ) �� i a / , be'mg first duly swom, deposes znd states that he/she is the person who circulated the within petition and consent, consistin� of 3 pages; that affiant is informed and believes that the parties described are the owners respectively of the lots placed unmediately before ezch name, that a�ant is informed and believes that each of the parties described above is the owner of the property which is within 100 feet from any property oti;ned or purchased by petitioner or sold by petitioner �vithin one (1) year precedin� the date of this petition which is contiguous to the property described in the petition; that except for none ofthe parties described above has purchased or is purchasing propzrty from the petitioner contiwous to thz above described property �vithin one (1) year of the date of the petition; that this consent was si�ned by each of said owners in the presences of this affiant, and that the signatures are the true and ceTect sigaatures of each and afl ofthe puties so described. Subscribed and swom to before me this ! a�` day of Ma_� , 19g� a � , � . -•._ /�� r� '� - ADDRESS Q�oho� �oc� �� 6i�96 3-g�8 � TELEPHONE NUMBER ! ' �� NJTARYPUBLIC-MINNESOTA � HEfvNEPIN CAUNTY NOTARY PUBLIC � '"yc°'""'�""F'°"�"".".z°°° �I'z'�' O� SA.�N?C �A.YJ�., c�a-� a� CONSBNI' OF ADJOINING PROPERTY OWNERS POR A ItEZON�IYG We, ihe undersigned, o�vners of the property within 100 feet ofthc tota( contiguous description of real estafe ovmed, purclilsed, or sold by THG PETITIONER tivithin onc ycar precedin� the date of this petition ackno�vledoe that �ve have becn presented �4•ith the follo�vino: Acopyofthepetitionof �/ud�ov� �� /��i,�eS L.[_C, (name of petitioner) to rezone the property located at _L� /� � f�p.�� frum 1�zonin� district to 2�— � zoning district. 2. A copy ofsections3Y7"w.� ( hrougli ZZ, �i�clusive ofthe Saint Paul Zoning Code; and lckno��ledge that tce are aware o 111 of the uses pennitted in 1 j� —3 zonin� district and we are a«�are that �ny of these uses cnn be established upon City Council approval of the rezonino. �Ve hereUy conseiit to the rezoning of'the property in the petition of; l-�vc}sov�l�� l�� ( to1 l�-� zoningdistrict. (i�ame of petitioner) tiVc conscnt to tlic approvzl of fhis i•ezoning as if �vas explained to us by fhe applic�nf or his/her representative. � �(( ' ( � ADi)RFSS OR P,I.N. Y. � RIiCORn O\4N1?R SICiN T RF DAT6 /7S3 Gt Cr v t (,�}o �� h}1dS�n �� w ti z io i�58 o�p ,frYfsv- 6J1��3 �5.4-�.� ti�- -�� , / :�58 wd,re /3E.wz h�.,:. �—��/ ��/fPqNG.�� /�f�QQ�S hpUQ SYSTe'MS.�G. 1 h lA A �� A N I� "'T/ NOTE: This petition shall not be considered as officially filed unti� the lapse of seven (7) �vorking days after it is received by the Planning Division. 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I � _i �e� � � f )h�� . � � ..__ '' � � �� Y � � � � � ' � _....M"_�! � HWY N0. 94 iG � °�°� _� �� F. �J•� h�.qF p�p qlt P ��1 �PJ � ' { � 1 � � � � � w � � I � � d �I b� �� @ C' m � � �i z i � � � � � � v f � � � =_� C , � . 30 >., �. . F'. 1 � O :. .�. q9-iZZ 01 c�. �d5vr.��, `�`�_��' � � � ,�. - aq - � Z 1�70 a� d. �I�v.d�w� s z LL � J 'S � § m � 9 Y� s �` �R� � Q E�- � � °t � -� �-� Council File # \ \ � � a.�o ORlGiNAL Ordinance # Green Sheet # ��3g 0 Presented By 3� ORDINANCE CITY OF SAINT PAUL, MINNESOTA Referred To Committee: Date An ordinance amending Chapter 60 of the Saint Paul Legislative Code pertaining to zoning for the City of Saint Paul and the zoning maps thereof: 0 6 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 WHEREAS, Pursuant to Minnesota Statutes §462357 and §64.400 of the Legislative Code, DAVID R. MACK duly petitioned to rezone 1770 OLD HUDSON ROAD being legally described as the East 196 feet of the Southeast Quarter of Section 34, Township 29, Range 221ying Southerly of Old Hudson Road and Northerly of State Highway No. 12, Ramsey County, Minnesota, from B-2 to B-3 to allow establishment of a car wash, the petition having been certified by the Planning Division on May 15, 1999 as having been consented to by at least 67 percent of the owners of the area to be rezoned, and further having been consented to by at least two-thirds of the owners of the property situated within 100 feet of the total contiguous property within one year preceding the date of the petition; and WHEREAS, the Zoning Committee of the Planning Commission held a public heazing on June 17, 1999, for the purpose of considering the rezoning petition, and pursuant to § 107.03 of the Administrative Code, submitted its recommendation to the Planning Commission that the petition be granted; and WHEREAS, the Planning Commission considered the rezoning petition at its meeting held on June 25, 1999, and recommended that the City Council approve the petition; and � WIIEREAS, notice of public hearing before the City Council on said rezoning petition was duly published in the official newspaper of the City on July 3, 1999, and notices were duly mailed to each owner of affected property and property situated wholly or partly within 350 feet or the property sought to be rezoned; and WHEREAS, a public hearing before the City Council having been conducted on July 14, 1999, at which all interested parties were given an opportunity to be heard, the Council having considered all the facts and recommendations concerning the petition; now, therefore THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: Section 1. 33 That the zoning map of the City of Saint Paul, Sheet Number 23, as incorporated by reference in"i§60.301 of 34 the Saint Paul Legislarive Code, as amended, is hereby fixrther amended as follows: 35 36 That the property at 1770 Old Hudson Road, being more particularly described as: 37 PI�Rt �cu�r x ..T►7 ca� .a: .-��.nrr. �i 38 39 40 41 42 43 44 45 46 as the East 196 feet of the Southeast Quarter of Secrion 34, Township 29, Range 221ying Southerly of Old Hudson Road and Northerly of State Highway No. 12, Ramsey County, Minnesota 49 q�' be and is hereby rezoned from B-2 to B-3. Section 2. This ordinance sl�all take effect and be in force thirty (30) days from and after its passage, approval and publication. PIIRt1.CUGn � . .�:;�IAL Adoption Certified by Council Secretary Hy: tl- Approved by aa or: D e .� `� ` By: . : .:.. Requested by Department of: Plannin & Economic Develo ment � r $Y: e (J ��/ Form Approved by City Attomey q,� .1a-� (S l4`� `� GREEN No 09380 �� -i. FOR TOTAL # OF SIGNATURE PAGES / N REQUESTFD Or�i/lancR � �re�.or,2 1 C3- a -b 3- 3. Cow�<i 1 jn't2h"t o►, �1�1y 1`f � �999 , � 111YAlTOAIEY ___„_��Q� ❑ tll'f CtFR�( � ❑ AIWICI0.1.4ERVICFSqR ❑ iNL1YYL9ERV/RCCfC � WYORNRA498� � �=l (CLIP ALL L CATIONS FOR SIGNATURE) p� d �(-�dse � �0 0.d �,-�.�,, a pp�-c v¢ d r•�+o++ c+, o-�` PLANNING COMMISSION CIB COMMfTfEE CNIL SERVICE COMMISSION Has this persoNfirm ever wnrked uMer a contrec[ fw this tlepartmeM? VES NO Has this Person/firm ever heen a cilY emDbY�7 YES NO Does this peisoMrm possess a sldll not nortnallypossessed by a�ry cuiretR city empbyee? YES NO Is this peiso�rm a tarpetetl �entloR � YES NO Counc.i,t ctpproved ma�-%a„ of' ;�teht � rezene 17�d O!�! �.t.tdsmn Roac� �ro.�, a-Z ��8- 3 on .1u I y /y /�t9�j, 7h,'s . ard; nanc 2 �u/!�i//s `/�e, Coun�; /'s � nt¢K.rt . IFAPPROVED P►-o�-� re�n ed as app,b��e.d 6� l._.OKrtCr�. �. �,,�� IFAPPROVED u�;�.. t �+ fg�� ANTAGES IF NOT APPROVED •� -'r s�*"Y� Cccw,c,;!'s IH"E.Ph� not i�np/er►,ent� � t�` ``' , sd AMOUNT OF TRANSACTION S / COST/REVENUE BUOGETED (GRCLE ONE) ACTIVITY NUhffiER INFORMAiION (IXPWN) VES NO ...� .t' ♦... JUL 2 DEPARTMENT OF PLANNING & ECONOMIC DEVELOPMENT Brian Sweeney, Interim Director CITY OF SAII�]'T PAUL Norm Coleman. M¢yor 25 West Founh St�eer Saint Paul, MN 55102 June 29, 1999 Nancy Anderson Secretary to the CiTy Council Room 310 City Hall Saint Paul, Minnesota 55102 RE: Zoning File #99-122 DAVID R. MACK City Council Hearing: July 14, 1999, 530 p.m. City Council Chambers aq. �a-4 � ` Telephone: 657-266-6626 Facs im ile: 651-2283337 PURPOSE: To consider rezoning property at 1770 Old Hudson Road, on the southwest corner of Old Hudson Road and White Bear Avenue, from B-2 Community Business District to B-3 General Business District for the purpose of establishing a car wash. PLANNING COMMIS5ION RECOMMENDATION: APPROVAL vote: unanimous ZONING COMMITTEE RECOD�iENDATION: APPROVAL votes: 5-0 STAFF RECOMMENDATION: APPROVAL SUPPORT: No one spoke. OPPOSITION: No one spoke. Dear Ms. Anderson: DAVID R. MACK submitted a petition to rezot��property at 1770 Old Hudson Road, on the southwest comer of Oid Hudson Road and White Beaz Avenue. The Zoning Committee of the Planning Commission held a public hearing on the proposed rezonina on June 17, 1999. the applicanYs representative addressed the committee. At the close of the public heazing , the committee voted x-0 to recommend approval to zezone to B-3. The Planning Commission uphetd the Zoning Committee's recommendation for approval on a unanimous vote on June 25, 1999. The proposed rezoning is scheduled to be heard by the City Council on July 14, 1999. Please notify me if any member of the City Council wishes to have slides of the site presented at the public heazing. Sincerely, `��.",`� ��,.�� Nancy Frick City Planner Attachments cc: City Councilmembers •a�srxvn?� • rro�ne�o� r�sETb �x�c� _ The SaintPaut Cit�!,Cocmcil wiB eondnet a public hearing-on Wednesday. Jul3 14, 1999, �at 5:30 p.m: in the City Couneil Chambers, Flour, City..Hall- Conr4hoisse, to eansider rezauing properEp at 177001d Audson Road �e southwest eorner ofO}d tfudson;Roattand �Wi�ite Beaz Aveniie, from B-2 Commtmif}r Bvsiness District to B3 General Business Aistrict for the purpase ofiestabSisl�i�g�a carwash. - - Dafed:�d'txi} 3;-t999r= - � � ` . . flhPICtFES1VDERS.OIK ., ' Assisian.tCrtqCuunc�fSecYetacy �.. ,: . �. f�ut}i3� .;; -- ax:R�+�vr.rFOiv[:�ussiC-:•s.•� "I , l�1 �i=� -1, � city of saint paul planning commission resolution file number 99-34 date June 25, 1999 a�_� WHEREAS, DAVID R. MACK, file # 99-122, has petitioned to rezone 1770 OLD HUDSON ROAD, situated on the southwest corner of 01d Hudson Road and White Bear Avenue, from B-2 to B-3 to allow establishment of a car wash; and WHEREAS, the Zoning Committee of the Planning Commission on 06/17/99 held a public hearing at which all persons present were given an opportunity to be heard pursuaFlt to said applicacion in accordance with the requirements of Section 64.300 of the Saint Paul Legislative Code; and WHEREAS, Saint Paul Planning Commission, based on the evidence presented to its Zoning Committee at the public hearing as substantially reflected in the minutes, made the following findings of fact: The owner of the existing service station, David Mack (Hudson Road Holding LLC), proposes to demolish the service station building and construct a new 2,296 square foot car wash as depicted on the site plan. The automated car wash drive-through bay would account for about two-thirds of the new building's area (1,476 sq. ft.); the remainder of the space is devoted to office, mechanical and service. The existing gas pumps would remain and three new pumps would be added. 2. A car wash, as a primary use, is first permitted in the B-3 zoning district, subject to special conditions. 3. The proposed rezoning to B-3 is in conformance with the Saint Paul Comprehensive Plan. The 1999 city land use plan lists Freeway Development Sites among the "Corridors for Growth" (Strategy 3) and states that the City will promote redevelopment of sites with good freeway atcess. The applicanYs plan for upgrading the site is consistent with this policy. Furthermore, "Rezoning along .... redevelopment corridors when ready." is a recommendation listed in the Implementation section of the land use plan. moved by Field seconded by i n favo r �nanimous agai nst Z.F. #99-122 � Page 3 of Resolution � This condition is met. The site plan indicates a 30 foot setback of the exit from White Bear Avenue. 8. The proposed car wash meets the general standards for conditional use permits as stated in Section 64.300(d) of the zoning code, as follows: a. The extent, location and intensity of the use will be in substantial compliance with the Saint Paul Comprehensive Plan and any applicable subarea plans which were approved by the city council. This condition is met. As noted in Finding 3, the land use plan supports development in freeway corridors. A car wash at this location is an appropriate freeway-oriented use. b. The use will provide adequate ingress and egress to minimize traffic congestion in the public streets. This condition is met. The conditions specified by the zoning code for auto laundries (car washes) are intended to ensure adequate ingress and egress to the use. See Finding 7. c. The use will not be detrimental to the existing character of the development in the immediately neighborhood or endanger the public health, safety and general welfare. This condition is met. There are several auto-oriented uses in the immediate area. See Finding 4. d. The use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district. This condition is met. The proposal is an improvement to the property. See Finding 4. e. The use shall, in all other respects, conform to the applicable regulations of the district in which it is located. This condition is met. The car wash will require site plan approval. NOW, THEREFORE, BE I7 RESOLVED, by the Saint Paul Planning Commission that the petition of DAVID M. MACK to rezone property at 1770 OLD HUDSON ROAD, more ��t _�la C� Saint Paul Planning Commission Cify Hall Conference Center 15 Kellogg Boulevard West A meeting of the Planning Commission of the City of Saint Paul was held Friday, June 25, 1999, at 8:30 a.m. in the Conference Center of City Hall. Commissioners Mmes. Donnelly-Cohen, Duarte, Engh, Faricy, Geisser, Morton and Nordin and Present: Messrs. Corbey, Dandrea, Field, Fotsch, Johnson, Kong, Kramer, Nowlin and Shakir. Commissioners Mmes. *McCall and Messrs. *Gervais, *Gordon, *Mardell and *Margulies Absent: *Excused Also Present: Ken Ford, Planning Administrator; Jean Birkholz, Virginia Burke, Nancy Frick, Tom Harren and Lacry Soderholm, Department of Planning and Economic Development staff. I. Approval of Minutes of June 11, 1999 MOTION: Commissianer Kramer moved to approve tke minutes of June 11, I999; Commissioner Nordin seconded the motion wleich carried unanimously on a voice vote. II. Chair's Announcements Chair Morton announced that the Steering Committee met this morning and discussed the following: — The letter of response from the Planning Commission's letter to Ramsey County asking thera to look into using the money they were using to purchase property to rehab properties for residential facilities. The Planning Commission will be sending a letter to the state as well. — The Small Area Plan Guidelines will be going to the Comprehensive Planning Committee. — Possible using the 5`" Friday in July (July 30) to prepare for Ayd Mill Road — A seminar is being planning for the Sth Friday in October (October 29) to discuss items such as redevelopments, etc. TII. Planning Administrator's Announcements Mr. Ford announced that 7ean Birkholz is now preparing action minutes that will be available on the Intemet as soon as possible after Plannin� Commission meetings. Commissioner Field asked if the full minutes will continue to be on the Internet and will the full minutes continue to be prepared. Mr. Ford replied that full minutes will continue to be prepared, and his assumption is that when the ful] minutes have been prepared and approved, �g_�ac� they will replace the action minutes on the Internet unless anyone feels that the action minutes alone should be kept there. Commissioner Field said that he appreciates having the full minutes there. The City Council this week unanimously adopted the North Quadrant Redevetopment Plan. They also directed the Planning Commission to review, by September 1, 1999, what was listed in the minutes as the Hamline Midway Coalition Plan. Ms. Bantley, Hamline Midway Coalition's staff person, stated that she was not clear about it. The plan that they have been working on is not printed yet, and not quite ready for Planning Commission review. Mr. Soderholm informed Mr. Ford that a request has been received for a Hamline Midway Coalition Special Sign District, and that is probably what the City Council action is referring to. The Ciry Council has directed the Heritage Pr.eservation Commission to develop a Heritage Preservation Site and Building Designation Work Plan. Staff has had discussion for a long period of time about the need and interest for a Heritage Preservation Work Plan, which staff in PED may be involved in. That will probably be an item for Planning Commission consideration and review. IV. Zoning Committee #99- 114 Raven Video Games - Change in nonconforming use from a beauty salon to a video game retait rental at 7Q0 Maryland Avenue between Greenbrier and Walsh (Nancy Frick, 266- 6554). Commissioner Field reported that the applicant was not present at the public hearing, and accordingly, the Zoning Committee extended the application and laid the matter over until at least July 1, 1999. #99-122 David R Mack - Rezone property from B-2 to B-3 to raze the existing service station and replace it with a new car wash building at 1770 Old Hudson Road, southwest corner of Old Hudson Road and White Bear Avenue (Nancy Frick, 266-6554). � MOTION: Commissioner Field moved approval of the request to rezone property from B-2 to B-3 to raze the existing service station and replace it witlt a new car-wash building at I770 Old Hudson Road which carried unanimousfy on a voice vote. �99-128 Heartland industries - Special co�dition use permit to allow for outdoor sales of wooden storage sheds and playground equipment at 1601 Rice Street between Wheelock Parkway and Hoyt (Nancy Homans, 2b6-6557j. Commissioner Field reported that the applicant was not present, the Zoning Committee extended the application and voted to lay the case over until 7uly 15, 1999. k99-131 Macalester ColleQe - Special condition use permit to utilize cotlege property located in an RT-2 zoning district as a dormitory at 1576 Summit Avenue beriveen 5nelling and Sarato�a (Virginia Burke, 266-6661). �� _� a� MOTION: Commissioner Field moved approval of tl:e requested special conditian use permit with conditions, to utilize college properly lncated in an RT-2 Zoning district as a dormitory a11576 Summit Avenue. Commissioner Faricy said that she voted against this at Zoning Committee. She was concemed that Macalester could go ahead and �vithin two years probably construct an apartment in the vacant ]ot next to the house. Mr. Soderholm later called to inform her that the 40-acre study done in 1988 specifically specifies that a college would need to build the same thing that was there (a two-floor unit) within 250 feet of the boundary, so she will vote in approval today. Commissioner Fotsch announced that he will refrain from discussion and abstain from voting on this case because his firm represents Macalester College. The motion on the floor carried on a voice vote wilh one abslention (Fotsch). #99-132 Hillcrest Countrv Club - Special condition use permit to replace the existing clubhouse in the same location and to modify the 200-foot setback requirement from residential property. The new clubhouse is proposed with a 145-foot setback at 2200 Larpenteur Avenue, east beriveen Winthrop and McKnight (Nancy Frick, 266-6554). MOTION: Commissioner Fie[d moved approvaf of the requested special condition use permit to replace the exi.sting clubhouse in the same location and to modify the 200 foot setback requirement from residential property to a I45 foot setback at 2200 Larpenteur Avenue, whic/: carried unanimously on a voice vote. #99-133 Hamline Universiri� - Special condition use permit to allow construction of an apartment style residence hall with 24 to 33 foot setbacks in an area where the code requires a 50-foot setback (Englewood Avenue between Simpson and Pascal). Nancy Homans; 266-6557 MOTION: Commissioner Fieltl moved approval pf tlte raequested speciAl candition use permit to allow construction of an apartment sty[e resitlence /iall with 24 to 33 foot setbacks in an area wltere tlae code requires a 50 foot setback at Englewood Avenue between Simpson antl Pascal. Commissioner Geisser asked staff about the one I year extension clause in the expansion of the boundary permit that says if construction is not started within one (1) year from the day of approval, the permit is supposed to be removed and tfiey would need to reapply. Legally, can the Commission go ahead with this today? That permit was granted to solve a parking problem and now the Commission is being told that it will be used for another purpose. Mr. Soderholm explained that at the same time the Planning Commission considered the expansion for parking, since it was a campus expansion, the University submitted its future development plan which included discussion of a 200-student dormitory that was proposed actually in 1992, and which was discussed by the Planning Commission in 1997. In it's resolution at that time, the Planning Commission said that the ne�v dormitory, which was at that time proposed to be at Pascal, a block further north, should probably be designed to be a lar�er footprint at a lower hei�ht that would be more in scale with the neighborhood and would probably require a modification of the 3�-foot setback. The site has changed but the use is no different, but smaller, than what was °lc� - �1 a� ZONING COMMITTEE STAFE REPORT l. APPLICANP; DAVID R. MACK 2. CLASSIFICATION: Rezoning DATE OF HEARING: FILE # 99-122 06/17/99 3. LOCATioN: 1770 OL,D FiUDSON ROAD (southwest corner of Old Hudson and White Bear Avenue) 4. PLANNING DISTRICT: 1 5. LEGAL DESCRIPTION: See File 6. PRESENT ZONING: B-2 ZONING CODE REFERENCE: §64.400 7. STAFF INVESTIGATION AND REPORT: DATE: 6/10/99 BY: Nancy Frick 8. DATE RECEIVED: O5/17/99 DEADLINE FOR ACTION:' 7/16/99 A. PIIRPOSE: Rezone property from B-2 Community Bvsiness District to B-3 General Business for the purpose of establishing a car wash. B. PARCSL SIZE: The parcel has 157 £eet frontage on Old Hudson Road and a total lot area o£ 31,799 square £eet. C. E]LISTING LaND USE: The property is occupied by a four-pump '�cash only" gas station. The old service station building contains an ofEice and vending area. No other auto service is located at the site. D. SIIRROUNDING LAND USE r7orth: Super America gas and convenience store. (B-3) Northeast: Jiffy Lube auto service. (B-3) East: Hardees Restaurant. (B-3) South: 2-94; Commercial. (B-3) West: Embers Restaurant. (B-2) E. ZONING CODE CITATION: Section 64.400(a) of the zoning code states in part, "the council may, from time to time, amend, supplement or change the district boundaries or the regulations herein, or subseguently established herein pursuanC to the provisions of Minnesota Statutes Section 462.357 and amendments thereto as may be made £rom time to time. The planning commission may, from time to time, review district boundary lines to determine if, pursuant to state laws, such district boundary lines should be changed." Section 64.400(b) states in part, "an amendment to the zoning code may be initiated by tfie council, the planning commission or by petition of the owners of sixty-seven (67) percent of the area of the property to be rezoned." Zoning File #99-122 Page 2 qq -�t ac� F. HISTORY/DISCIISSION: The property was commercially zoned in 1964 and Mobil Oil was granted a permit in 1966. In 1998, the applicant applied £or a special condition use permit to allow for an auto car wash building. Through subsequent investigation o£ the application, it was determined that the scale of the proposed use necessitated a rezoning to B-3 General Commercial. G. DISTRICT COIINCIL RSCOE�RIENDATION: None received as of the date o£ this report. H. FINDINGS l. The owner of the existing service station, David Mack (Hudson Road Holding LLC), proposes to demolish the service station building and construct a new 2,296 square foot car wash as depicted on the site plan. The automated car wash drive-through bay would account £or about two- thirds o£ the new building's area (1,476 sq. ft.); the remainder o£ the space is devoted to ofEice, mechanical and service. The existing gas pumps would remain and three new pumps would be added. 2. A car wash, as a primary use, is £irst permitted in the B-3 zoning district, subject to special conditions. If the rezoning application is approved by the city, the special condition use permit application will be handled administratively. Findings 7 and 8 assess the car wash proposal for conformity with the general and specific conditions stated in the code. 3. Tfie proposed rezoning to B-3 is in conformance with the Saint Paul Comprehensive Plan. The 1999 city land use plan lists Freeway Development Sites among the "Corridors for Growth" (Strategy 3) and states that the CiCy will promote redevelopment of sites with good £reeway access. The applicant's plan for upgrading the site is consistent with this policy. Furthermore, "Rezoning along .... redevelopment corridors when ready." is a recommendation listed in the Implementation section of the land use plan. The 1985 District 1 Plan states in its summary that "development will be encouraged that is sensitive to each parcel's unique physical features, existing tra£fic conditions and surrounding uses." The proposed development is appropriate to the parcel's features, traffic conditions and surroundings. 4. The proposed rezoning to B-3 is consistent and compatible with the way the area has developed and will not have an adverse impact on the surrounding area. The B-3 zoning district is intended to "provide sites for more diversi£ied types of businesses than those in the B-i and B-2 Business Districts, and is intended for location along major traffic arteries or adjacent to the Community Business District (B-2)." The site abuts B-2 zoned property to its west. The property to the north, northeast, east and south is zoned B-3. The site overlooks I-94 and has Zoning File #99-122 Page 3 ��C-'�a`° direct access to the I-94/White Bear Avenue interchange. I-94 is a Principal �?rterial and white Bear Avenue is an "A" Minor Arterial. Old Audson Road is a collector street. 5. The applicant submitted a suf£icient petition signed by two-thirds of the property owners within one hundred (i00) £eet o£ the property to be rezoned (4 parcels eligible, 3 parcels needed, and 3 parcels signed). 6. This site could continue to be reasonably used under provisions of the B-2 zoning district, which is intended to "serve the needs o£ a consumer population larger than that served by the Local Business District, and is generally characterized by a cluster of establishments generating large volumes of vehicular and pedestrian traffic." However, the site's location adjacent to the freeway interchange and to other B-3 property suits it as well or better to a B-3 zoning. 7. The approval of the car wash, as a principal use subject to special conditions, will be carried out administratively upon approval of the requested rezoning of 1770 Old Hudson Road. Section 60.544(7) permits auto laundries (car washes), which can be completely enclosed when not in operation, in the B-3 zoning district under the following conditions: a. Any access drive shall be located at Ieast 30 feet from any public street intersection,.measured from the interior curbline commeacing at the intersection 'of the street. This condition is met. The site plan indicates that the easternmost access drive on Old Hudson Road is 45 feet from the intersection of White Bear Avenue and Old Hudson Road. The access drive on White Bear Avenue is 60 feet from the intersection of White Bear Avenue and Old Hudson Road and over 120 £eet from the I-94 ramps on White Bear Avenue. b. Any auto wash Iine exit shaSZ be at Seast 30 feet distant from any street line. - This condition is met. The site plan indicates a 30 £oot setback o£ the exit from White Sear Avenue. 8. The proposed car wash meets the general standards for conditional use permits as stated in Section 64.300(d) of the zoning code, as follows: a. The extent, location and intensity of the use wil2 be in substantial compliance with the Saint Paul Comprehensive Plan and anp applicable subarea plans which were approved by tfie city council. This condition is met. As noted in Finding 3, the land use plan supports development in freeway corridors. A car wash at this location is an appropriate freeway-oriented use. b. The use will provide adequate iagsess and egress to minimize traffic congestion in the public streets. Zoning File #99-122 Page 4 o`c� _ �12-G This condition is met. The conditions speci£ied by the zoning code for auto laundries (car washes) are intended to ensure adequate ingress and egress to the use. See Einding 7. c. The use will aot be detrimeatal to the existiag character of the developmeat in the immediately neighborhood or endanger the public hea2th, safety and general wel£are. This condition is met. There are several auto-oriented uses in the immediate area. See Finding 4. d. The use wi3S not impede the normal aad order2y developmeat aad improvement of the susrounding property for uses permitted in tlxe district. This condition is met. The proposal is an improvement to the property. See Finding 4. e. The use sha21, in a12 other respects, conform to the applicable regalations of the district in which it is located. This condition is met. The car wash will require site plan approval. I. STAFF RECODII2ENDATION: Based on Findings 3 through 8, staff recommenc3s approval of the petition to rezone the property from B-2 to B-3. j�4�'C !./. ,�f'''I Z�.7 �`�G�� e(q'`1�� PETITION TO AMEND THE ZONING CODE Departmenl of Planning and Economic Development �� j� Zoning Section �� II00 City Ha!! Annex C�n'!��' 25 West Fourlh Sireef Saint Paul, M.N 55102 266-6589 APPLICANT � Property PROPERTY LOCATION r` ��1�= Qq-l2Z r�E` �78� . � -�: ��<<n� � G ; Address /6SO Na��r �r.i..� .�o�ed City �i'atnz� St/�?NZip.�S.3S6 Daytime phone6i S3 � Contact person (if different) �l�K�r'(� �ei.��c° %U c:. Address/Location /7 �7C� D�c� /fu�"a� ,eo�� Legal description C46� /q�G �: (aftach additiona/ sheef if necessary) TO THE HONORABLE MAYOR AND C(TY COUNCIL: Pursuant to Section 64.400 of the Saint Paul Zoning Ordinance and to Section 462.357(5) of Minnesota Statues, , the owner of all the land proposed for rezoning, hereby petitions you to rezone the above described property from a �� — Z zoning district to a�—.3 zoning district, for the purpose of: /�n�lO�J� Cx/`�f/.-t� s c��S �E`/ c o,2. s�-�-� �-�- ri �.v C.� t-..1 �.s 4��, `ld.�. (attach addifional sheet(s) if necessary) Atta Re quired s plan ❑ Consent petit+on ❑ Afridavit ❑ Subscribed and sworn to before me fhis � day of (Y� a.� , 19g9 � Notary Public �- ARLENc E. WEIKLE ;',',5�� NOTM^YPUBUC-MINKESOTA :.��' HEPiM£PINCOUNTY M�tmmrssmmE,ofrtsJan s� zao �� Fee owner of property Title:�/''��iae--�� Page 1 of ��_�a-c� ZOIVING PETITION SUFFIC�ENCY CHECK SHEET _ -��- IiEZONING SCUP I�CUP .t..----~^°_ FTRST SUBMITTED DATEPETITIONSUBMI"IT'ED: ^i'� DATE OFFICIALLY RECEIVED: PARCELS ELIGIBLE: PARCELSREQUIRED: PARCELS SIGNED: �� DATE PETITION RESUBMITTED: DATE OFFTCIALLY RECEIVED: PARCELS ELIGIBLE: � PARCELSREQUIRED:�� PARCELS SIGNED: � CHECKED BY: ��'' "�+ �"�� ` � DATE: � S '` /� S- /z-�y'�j ZQiVING FILE �'�-Jz2-� � v�� °�-� a� P�TITZOiti' 7'O REZOi�T� Arr• zD�.vIT or• rE�rirron��r� STATE OF MIi`'1BSOTA) C�INTY OF RAMS�I' ) SS Tlie p�titioner, �c,.�.�}� �/L��p�� , being first dul}� swo!�;i, deooses ar.d states tftat tlte consent p:tition cocttains siona!ures front at least hvo-ttiirds (z/3) oi al1 eii�iole properties ��i[hin 100 feet of all property owned, purdiased, or sold by petitioner ��i�hin one (1) }'ear preczdin� the date of tliis petition t�•hich is conti�uous to the proper[}• described in the petition; petitioner is informzd that the consent petition must contzin si�natures rrom each and all o��•ners of jointl}•-o�cncd property iit order to constitute consent from that prop�cty and that faifure to obtain consent froni each and afi o«ners could in�•alidatz the consent petition; petitionzr belie�•es that die consent petition ��as signed b}• e�ch of said o«•nzrs ar:d that the si�natures are the true and correct sionatures of eacli and a!1 of tne parties so d�sc, ioed. C��°��..'�� /��,r� 2 ti/�z �' tiA�� /.6.s0 ��-�-G �..-� �� =��Z:�� Oio�-la .r2.v 5`S��S� �s5i?) �i�3—�3�8`� it;.��-:o�� :�:uM��:; Subscribed and s«•orn to before me this Ia�' day of (�flc.V 19� �—' �,\�. . ��4 �QO - NOTARI' PUBLIC ARLENE E. WEIKLE � j� NOTARYPUBLiC•MINNESOTA HENNEP;�'CGUN'iY i 1RyCOmmi<9r•Exonc<Jar.31.7W0 ..�..«..� Page_ of 1/31f97 CITY OF SAINT PAUL ��-��-`° AFFIDAVIT OF PERSON CIRCULATING PBTITION - STATE OF MINNESOTA) SS COUNTY OF RAMSEY ) �� i a / , be'mg first duly swom, deposes znd states that he/she is the person who circulated the within petition and consent, consistin� of 3 pages; that affiant is informed and believes that the parties described are the owners respectively of the lots placed unmediately before ezch name, that a�ant is informed and believes that each of the parties described above is the owner of the property which is within 100 feet from any property oti;ned or purchased by petitioner or sold by petitioner �vithin one (1) year precedin� the date of this petition which is contiguous to the property described in the petition; that except for none ofthe parties described above has purchased or is purchasing propzrty from the petitioner contiwous to thz above described property �vithin one (1) year of the date of the petition; that this consent was si�ned by each of said owners in the presences of this affiant, and that the signatures are the true and ceTect sigaatures of each and afl ofthe puties so described. Subscribed and swom to before me this ! a�` day of Ma_� , 19g� a � , � . -•._ /�� r� '� - ADDRESS Q�oho� �oc� �� 6i�96 3-g�8 � TELEPHONE NUMBER ! ' �� NJTARYPUBLIC-MINNESOTA � HEfvNEPIN CAUNTY NOTARY PUBLIC � '"yc°'""'�""F'°"�"".".z°°° �I'z'�' O� SA.�N?C �A.YJ�., c�a-� a� CONSBNI' OF ADJOINING PROPERTY OWNERS POR A ItEZON�IYG We, ihe undersigned, o�vners of the property within 100 feet ofthc tota( contiguous description of real estafe ovmed, purclilsed, or sold by THG PETITIONER tivithin onc ycar precedin� the date of this petition ackno�vledoe that �ve have becn presented �4•ith the follo�vino: Acopyofthepetitionof �/ud�ov� �� /��i,�eS L.[_C, (name of petitioner) to rezone the property located at _L� /� � f�p.�� frum 1�zonin� district to 2�— � zoning district. 2. A copy ofsections3Y7"w.� ( hrougli ZZ, �i�clusive ofthe Saint Paul Zoning Code; and lckno��ledge that tce are aware o 111 of the uses pennitted in 1 j� —3 zonin� district and we are a«�are that �ny of these uses cnn be established upon City Council approval of the rezonino. �Ve hereUy conseiit to the rezoning of'the property in the petition of; l-�vc}sov�l�� l�� ( to1 l�-� zoningdistrict. (i�ame of petitioner) tiVc conscnt to tlic approvzl of fhis i•ezoning as if �vas explained to us by fhe applic�nf or his/her representative. � �(( ' ( � ADi)RFSS OR P,I.N. Y. � RIiCORn O\4N1?R SICiN T RF DAT6 /7S3 Gt Cr v t (,�}o �� h}1dS�n �� w ti z io i�58 o�p ,frYfsv- 6J1��3 �5.4-�.� ti�- -�� , / :�58 wd,re /3E.wz h�.,:. �—��/ ��/fPqNG.�� /�f�QQ�S hpUQ SYSTe'MS.�G. 1 h lA A �� A N I� "'T/ NOTE: This petition shall not be considered as officially filed unti� the lapse of seven (7) �vorking days after it is received by the Planning Division. Any signator of this petition may withdraw his%her name therefrom by written request within that time. c` °l-'l� � � SI3NRAY-BAT"IZECREEK-HIGHWOOD 2. HAZEL PARK HADEN-PROSPERITY HI"LLCREST 3. WEST SIDE �. DAXTON'S BLUFF 5. PAYNE-PHALEN 6. NORTH END 7. THOMAS•DAI,B S. SUMMIT•UNIVERSITY 9. WEST SE�NTH 1Q. COMO 11. HAMLINE•MIDWAY 12. ST. AN"IT�O� IY PAR� 13. hiERRIAM PARK-LEXIlti'GTON I-LAMI.I��-S�;�LLINC H;.�s�,r�� ?4. h1ACALESTER GROVEIAND 1S. HIGHLA�`ID 16. SU44i�SrT HILL 17. DOWiITOWN �� - ZQNING F�L�f -�� CITIZEN PARTTCiPATION PTANIv�TG DISTRICTS a�l -�a� / 1 Z 1� Z�� . � r li _ -. . - . . • r r � 0 C - i �y 220 7� i.;�,�. C� 6 � f � 12�CP II � I r' O[ Q r . �,'�i� I " 0 ,,,. » . 4� ��`, 6 �'� �� r � V0.CATED -12-G� \ ,� 0 � .` p � brn JGC. si0"691 " ' 6r" � Zr° '_'_.[C' _" _' � '_� 06S �. �6 ' li _ y _ _' ' m 4� 05 (43? �'�" .G9ac. . c S -.' 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