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01-757Council File # O\-'157 Ordinance # Green Sheet # `�O a..�a Presented By ORDfNANCE CITY OF SAINT PAUL, MINNESOTA 37 Referred To Committee: Date 2 An ordinance amending Chapter 60 of the Sairtt Paul Legjslative Code perta.iving to zoning for the City of 3 Saint Paul and the zoning maps thereo£ 4 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 i1 S2 �3 4 WFIEREAS, Pursuant to Minnesota Statutes §462.357 and §64.400 of the Legislative Code, the New York Bingo Palace, LLC duly pefitioned to rezone 626 YORK AVENi7E EAST being legally described as Lot 4 Block 35 Chas. Weide's Subdivision of Block 35 of Arlington Hills Addition to St. Pau1 from P-1 to B-3 to allow for expansion of an existing building onto a parking lot and rezone 608 YORK AVENTJE EAST being legally described as Lot 8, Block 35 Chas. Weide's Subdivision of Block 35 of Arlington Hills Addition to St. Pau1 from RT-2 to P-1 to provide parking for a new restaurant and bingo facility, the petition hauing been certified by the Pl�m�ing Division on April 4, 2001, as having been consented to by at least 67 percent of the owners of the azea to be rezoned, and fitrther 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 yeaz preceding the date of the petition; and WHEREAS, the Zoning Committee of the Planning Commission held a public hearing on May 17, 2001, far �1ie 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 May 25, 2001, and recommended that the City Councii approve the petition; and WFIEREAS, notice of public hearing before the City Council on said rezoning petirion was duly published in the official newspaper of the City on June 11, 2001, and notices were duly mailed to each owner of affected properiy and properiy situated wholly or partly within 350 feet or the property sought to be rezoned; and WHEREAS, a public heazing before the City Council ha�ing been conducted on June 27, 2001, at which a11 interested parties were given an opporiunity to be heard, the Council having considered a11 the facts and recommendations concerning the petltion; now, therefore THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: Secfion 1. 5 That the zoning map of the City of Saint Paul, Sheet Number 14, as incorporated by reference in §60301 of 6 the Saint Paul Legislative Code, as amended, is hereby fiirther amended as follows: 7 � B That the property at 626 YORK AVENUE EAST, being more particularly described as: ��, � � 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 Lot 4 Block 35 Chas. Weide's Subdivision of Block 35 of Arlington Hills Addition to St. Paul Ot-7S� be and is hereby rezoned from P-1 to B-3; and That the properry at 608 YORK AVENiJE EAST, being more particulazly described as: Lot 8, Biock 35 Chas. Weide's Subdivision of Block 35 of Arlington Hiils Addition to St. Paul be and is hereby rezoned from RT-2 to P-1. Section 2. This ordinance shali take effect and be in force thirty (30) days from and after its passage, approval and publication. 54 Yeas � Nays Absent Requested Oy Department of: 55 56 57 58 59 60 51 7Z i3 74 Adopted by Council: )5 )6 Adoption Certified, r7 � �� 'g $Y� —8 Council � Approved by Mayor; Date __/�� 6J �717 � 1 � gY _ Plannin & Economic D elo ment . gy: � / Approved by Financial Service By: � Form Approved by City Attorney / gY: �I.SGL� �) � I/� Approved by Mayor or ubmission to Council By: � tiM�Ku ruou.r• ... � t Date �`�� DEPARTMENT/OFFICE/COUNCA.: PED - East Team CONTACf PERSON & PHONE: Patricia James 266-6639 MUST &E ON COUNCII, AGENDA BY (DATE) TOTAL # OF SIGNAI'i3RE PAGES DATE INITIATED I GREEN SHEET 29 June 2001 � ATE 2 DEPARTSvIE."N'P DIR ASSIGN NOMBER 3 CiTY ATTORNEY�. FOR �B`7�'�AL SERV DIR —_ �� .-p{' � t_y-- � ROUTING 4 MAYOR(ORASST. ORDEB 1 TEAMI.EADER � ALL LOCATIONS FOR SIGNATURE) No.: 110202 5 C1TY CAUNCIL Ol-�S� INITIAUDATE _ CITY CLERK _ FINANCIAL SERV/ACCTG _ CIVtL SERVICE CObIIvIISSION Acnox xsQirES�n: Adopt Ordinance rewning 626 and 608 York per City Council Public Hearing June 27, 2001 RECOMIdENDATTONS: Apptove (A) m Reject (R) _A PLANNING COtvINIISSION CIB COMIvII11'EE CTVII. SERVICE COIvA�IISSi( PERSONAL SERVICE CONTRACTS M[IST ANS�fiER THE FOLLOR`IPSG QUE5110NS: I. Has this peison/firtn ever worked under a wntract for this deparanent? Yes No 2. Has this personlfirm ever been a city emptoyee? Yes No 3. Does this personlfum possess a skill not nom�alty possessed by a�ry current ciTy employee? Yes No Ezplaio all yes answers on separate sheet aud attach to green sheet INITIAI'ING PROBLEM, ISSUE, OPPORY'ONITY (Who, Whay When, Where, Why): Perition to rezone submitted by New York Bingo Palace LLC. Planning Commission recommends approval; City Council voted to approve after public hearing on June 27 ADVAN'CAGES IF AYPROVED: Implements City Council decision; proposed development can proceed DISADVAN'i'AGES IF APPROVED: NOT1C IF NOT APPROVED: � , , :_ City Council declsion will not be nnplemented; proposed development will not happen TOTAL AMOUNT OF'IRANSACiTON: S FONDING SOURCE: COST/REVENUE BUDGETED: ACTYVPI'Y NOMBER: ,�� s� FINANCLIL INFORMATTON: (F.XPLAII� DEPARTMENI' OF PLANNING & ECONOMIC DEVELOPMENT Pamela Wheelock, D"uector CITY OF SAII�Tf PAUL Norni Coleman, Mayor June 1, 2001 Ms. Nancy Anderson City Council Reseazch Office Room 310 City Hall Saint Paul, Minnesota 55102 Deaz Ms. Anderson: 25 West Forvth Sbeet Sain! Paul, MN 55102 � Y b�a'��°� �� 0 �.� 57 l, Telephone: 672-2666655 Facsimile: 612-228-3261 I would like to confirm that a public hearing before the City Council is scheduled for Wednesday June 27, 2001, for the following zoning case: Applicant: NEW YORK BINGO PALACE LLC File Number: #O1-185-977 � Purpose: Rezoning from P-1 to B-3 to expand the existing building onthe the lot and to rezone from RT-2 to P-1 to provide pazking for a new restawant and biingo facility Address: Lega3 Description of Property: Previous Action: 626 and 608 York Street 626 Yor : Lot 4, Block 35 Chas. Weide's Subdivision of Block 35 of Arlington Hills Addition; 608 York: Lot 8, Block 35 Chas. Weide's Subdivision of Block 35 Arlington Hills Addition. Planning Cammission Recommendation: Approval, May 25, 2001 Zoning Committee Recommendation: Approval, May 17, 2001 � My understanding is that you will publish any required notice of the hearing in the Saint Paul Legal I,edger. Please call me at 266-6639 if you have any questions. � � iiI .��' ��'/ . � . � ' cc: File#O1-185-977 Cazol Martineau Pau1 Dubruiel '�� L�. -- •FIItS"CRUN�• . NOTiGE OF� PDBIdG SF.ARING � The Saint Paul Criy,Councll wilL condvct a pu6lic heazing on Wednes<]ay, June 27, 2001, at 5:3P p.m. in the C3tyCouncil Chambeis, Tlrird P9oor CYty Hall-CoLrfltouse, 15 West Ae}logg Boulevazd. Saiot Pau1. to consider the aPpii' catton by New York Buigo Patace LLC to r�one tmm r-1 to s-s co ncpaua the ebstin8 b�ssldi��g an the lot aad to rezune from RT-2 to P-1 to provide pazking for a new mstaurant aad bfngo facility at 626 ar,d 608 York SheeL Dated:�.IUne 7, 2W1 � " . � � NANCYANDERSON , Ass4;tant qty Councll Secretary (Jnne i Il �i'== 31: PlH7L 3EGelL IEOGER � 47023218 " ' - , DEPARTMENTOFPLANNING & ECONOMlC DEVELOPMENT B»me Sweeney, Direcior � �/` �� CITY OF SAINT PAUL Norm Coteman, Mayor June 1, 2001 Ms. Nancy Anderson Secretary to the Ciry Council Room 310 City Hall Saint Paul, MN 55102 RE: Zoning File NO1-185-977 City Council Hearing: 25WestFourlhStreet Telephone:651d66-6616 Sainf Paul, Ml'J 55101 Faaimile: 651-228-3341 NEW YORK BINGO PALACE LLC June 27,2001 at 5:30 p.m. in Ciry Council Chambers PURPOSE: Rezone property from P-1 Parking to B-3 Business to allow expansion of existing builidng onto the parking lot, and rezone from RT-2 Residentail to P-1 Parking to provide parking for a new restaurant and bingo facility at 899 Payne Avneue. PLANNING COMMISSION RECOMMENDATION: APPROVAL vote: unanimous ZOrTINC� COMMITTEE RECOMMENDATION: APPROVAL vote:6-0 � STAFF RECOMMENDATION: APPROVAL SUPPORT: No one spoke OPPOSITION: None Dear Ms. Anderson: NEW YORK BINGO PALACE LLC submitted a petition to rezone properry at 626 York from P-1 Parking to B-3 Business to expand the exisitng building onto the lot and to reaone property at 608 York from RT-2 Residential to P-1 Parking to provide parking fox a new resturant and bingo facility. The Zoning Committee of the Piamring Commission conducted a public hearing on the petition an May 17, 2001. Staff presented a report recommending approval. The applicant was present to answer questions. No one spoke in support or opposition. At the close of the public hearing the committee voted 6-0 to recommend approval of the rezoning. The Planning Couunission upheld the Zoning Committee's recommendation foc agproval on a unanimous vote on May 25, 2001. This appeal is scheduled to be heard by the City Council on June 27, 2Q01. Please call me at 266-6639 if there are any questions. S' rely, ^ ` i Patricia James City Planner ` Attachtnents cc: File # O1-185-977 City Councilmembers o�-�s � � city of saint paul planning commission resolution fiie number o�-�o date May 25 zoo� • WHEREAS, New York Bingo Palace, LLC, File #01-185-977, has applied for a rezoning under the provisions of §64.400 and § 60.720 of the Saint Paul Legislative Code, for rezoning from P- 1 to B-3 to permit expansion of an existing building onio a parking lot and rezoning from ftT-2 to P-1 to provide parking for a new restaurant and bingo facility on property {ocated at 626 and 608 York Avenue; and WHEREAS, the Zoning Committee of the Planning Commission, on May 17, 2001, heid a pubiic hearing at which alt persons present were given an opportunity to be heard pursuant to said application in accordance with the requirements of §64.300 of the Saint Pau! Legislative Code; and WHEREAS, the 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: � 1. New York Bingo Palace LLC proposes to expand the existing building to the east onto a )ot currentiy zoned for parking. The new bui{ding wi{i be used for a bingo hall and Embers and Bridgeman's restaurant. The property at 6�8 York, next door to the existing parking lot, will be purchased and converted to an employee parking lot. 2. The redevelopment of the building for the new uses requires expansion of the buiiding onto the lot to the west, requiring a rezoning of that lot from P-1 to B-3, the zoning classification of the existing building. 3. 7he building expansion will efiminate 8 parking spaces. To replace the parking lost by the buiiding expansion, the applicant wiil purchase the lot directty west of the existing patking tot and create a separate employee only lot. Tnis requires rezoning thaf lot to P-1. The new lot will have 12 parking spaces. moved by Field seconded by i n favor Unanimous � against Zoning Fiie #01-185-977 Planning Commission Resotution Page 2 4. £64.400 of the zoning code allows an amendment to the zoning code to be initiafed by petition bf the owners of 67% of the area of the property to be rezoned. The rezoning petition musf be accompanied by the consent of 67% of the property owners within 900 feet of the property to be rezoned. The applicanf's pefition was determined to be sufficient as foilows: parcels eligibte = 42; parcets required = 28; parcels signed = 32. 5. The sife, on the corner of York and Payne, is a significant location in the Old Town Payne Avenue commercial disfrict. Old Town Payne Avenue is a coordinated effort to improve the historic commerciai core of Payne Avenue. The project has received significant public and private investment over the past three years. Pubtic funds, including a STAR loan and grant and a Livable Communities grant have been invested in improving tfie streetscape and stabifizing buildings in the area. 7he conversion of the Payne F2eliever adult entertainment venue into the New York Bingo Pa(ace is a major part of this revival effort. C� � 0 The proposed use is consistent witF� the Principies for City Development of the Land Use Plan, building on existing strengths and improving fhe mix of land uses in the area. The East Consolidated Plan, part of the comprehensive ptan, recommends strengthening businesses on Payne Avenue and creating parking at the rear of buildings. It also recommends strong landscaping buffers between parking areas and the adjoining residentiai areas. The proposed reuse is consistent with the way the area has developed and will not have an adverse impact on the surrounding area. In order to rezone property to P-1, the foliowing conditions must be met: A. The parking facilify shall be accessory to and for use in connection with one or � ci[if wi(lbe employee parking for the bingo and restauranEem lo ees m f th' d�' B. C. D. E. p y , ee mg is con dion. The parking facility sha!l notbe used during the hours when the principa! use rs not in operation. During sucli periods the parking facility shall 6e inaccessible for public use. The Embers restaurant wi(I be open 24 hrs. a day, making this condition moot. Should this situation change, the iof wiil need to be closed off. The parking facility shall be used solely for parking of prrvate passenger vehicles and sha/! not be used as an otf-street loading area. The site plan shows no loading area in the P-1 parking lot. !Vo commercial repair work or service of any kind, or sale or display thereof, shal! be conducted in such parki»� facilrty.-fihe applicaat.agrees to this oondition. No signs of any kind, other than signs designating entrances, exits and conditions of use, sha// be maintained on such parking facility. No signs are proposed for the lot. A sign designating the fot as empioyee parking only may be appropriate, as determined by site pian review staff. The BZA variance approval is conditioned on the !ot being designated for emptoyee parking, which can be � � � �1 �� 7 � � l� Zoning File #01-185-977 Planning Commission Resolution Page 3 10. 11 F G. H interpreted as requiring a sign to that effect. No building ofher than thaf for the shelter of attendants shaii be erected upon the premises unless specifica!!y approved by the planning administrator during site plan review. The site plan shows no buiiding proposed for the Iot. Applications fo� P-1 Dist�ctrezoning shall indude a site plan wifh conforms to a!! standa�ds set forfh in§ 62.104. The planning commission may grant mod�cations of § 62.104 based on frndings fhat such modification is consistent wifh the infenY of the code and wifh the reasonable enjoyment of adjacent properfy. No modifications appear needed at this time. Site Plan staff wi0 meet with the applicant on May16. Requests for modification can be brought to the Zoning Committee on the 17�' if necessary. P-1 VehicutarParking Disfricfs shall be developed and maintained in accordance with the requirements of §62. iO4. The Schedule of Regulations in §61.105 for the P-1 District requires a min+mum area of 4,OD0 sq. ft; a minimum width of 40 � ft., and minimum yards of 4 feet each for front, side, and rear. §62.104 regulates the layout and location of off-street parking facitities, inc{uding the necessity tor site plan review. The proposed parking lot meets the minimum width artd area requirements. A visuai screen will be requ+red alang the west and south propefty fines. The variances approved by the BZA on December 11 include the foltowing: 1. A variance of 38 parking spaces 2. A driveway with a zero setback from the residential district to the west. 3. A zero setback on the west and south sides, subject to the conditions that the parking lot at 608 York Avenue is designated for employee parking and that the two parcels at 608 York and 899 Payne are combined under a single property identification number and that the 608 York address is rezoned as a P-1 zone. In order to construct an addition to the building at 899 Payne Avenue and establish a new . parking lot at 608 York Avenue; and legally described as CHAS. WEIDE'S SUBDIVtSfON OF BLOCK 35 OF ARLINGTON HILLS ADD1710N TO ST_ PAUL LOT 8 SLK 35 & CHAS. WEIDE'S SUBDIVISION.OF BLOCK 35 OF ARLINGTON HILLS ADDITION TO ST. PAUL LOT 8 BLK 35; in accordance with the application for variance and the site ptan on file with the zoning Administrator. While the variances for the parking lot were approved prior to the appiication for rezoning, it appears that the site plans are the same and that the variances are consistent with what the Planning Commission wouid need to approve for the rezoning to occur. The one condition for the variance that would not be consistent is that the parcels be combined under a singfe property identification number, since this woutd create split zoning for the property. A better approach would be for the properties at 899 Payne and 624 York to be combined under a single P1N after the rezoning of 624 York to B-3 +s finai and that the properties at 618, 612, and 608 York be combined under a second P!N after 608 is rezoned to P-1. In this way the S-3 propeRies would have one tax description and the parking iots zoned P-1 would also have only one description. Section 60.734 (7) of the Zoning Code states: "Applications for P-1 District rezoning Zoning File #01-185-977 P(anning Commission Resolution Page 4 shall include a site plan with conforms to all standards sef forth in section 62.704. The planning commission may grant modifications of section 62.104 based on findings that such mbdification is consistent with the intent of the code and with the reasona6fe enjoyment of adjacent property." The site plan with the variances approved by the board of zoning appeals is consistent with the intent of the code to provide off-street parking that serves a use district which has developed without adequafe off-street parking. Restricting the lot to emptoyee parking only reduces tfie traffic and other impact the lot wili have on adjacent property, making the modifications consistent wifh the reasonable enjoyment of the adjacent properties. � IJOW, THEREFOf2E, BE IT RESOLVED, that fhe Sainf Pauf PJanning Commission recommends to the City Councii that the petition of New York Bingo Patace, LLC for a rezoning of 626 York Avenue, legaily described as Lot 4, Block 35 Chas. Weide's Subdivision of Biock 35 of Arlington Hills Addition to St. Paul from P-1 to B-3, and 608 York Avenue, legaily described as lot 8, Block 35 Chas. Weide's Subdivision of Biock 35 of Arlington Hills Addition to 5t. Paul from RT-2 to P-1, for expansion of an existing building onto a parking lot and to provide parking for a new restaurant and bingo facilify be approved. � �— L_— �1-75� �J � � i. 2. ZONING COMMITTEE STAFF REPORT REVISED FILE # 01-I85-977 APPLICANT: I3ew York Bingo Palace, LI,C HEARING DATE: OS-17-01 TYPE OF APPLICAITON: Rezoning 3. LOCATION: Parcel l: 626 York Avenue; Pazcel 2: 608 York Avenue 4. LEGAL DESCRIP7TON: Parcel 1: Lot 4, Block 35 Chas. Weide's Subdivision of Block 35 of Arlington Hills Addition to St. Paul; Parcel2: Lot 8, Block 35 C6as. Weide's Subdivision of Block 35 of Arlington Hills Addition to St. Paul 5. PLANNING DISTRICT: PRESENT ZONING: P-1; RT-2 6. ZONIlVG CODE REFERENCE: §64.400 §60.430 § 60.560; §60.720 STAFF REPORT AATE: OS-08-01; Revised 5-16-Oi 8. DATE IiECEIVED: Petition accepted: 04-04-01 BY: Patricia James DEADLINE FOR ACTION: 06-04-01 A. PiJRPOSE: Rezone properiy at 626 York Avenue from P-1 Pazking to B-3 Business to allow expansion of existing building onto the parking lot. Rezone property at 6D8 York from RT-2 IZesidential to P-1 Pazking to provide parking for new restaurant and bingo facility � C. PARCEL SIZE: Parcel 1: 40 ft. (York) x 125 ft. = 5,000 sq. ft. Parce] 2: 40 ft. (York) x 125 ft. = 5,000 sq. ft. EXISTING LAND USE: Parcel 1: parking ]ot; Pazce12: vacant lot D. SURROUNDING LAND USE: North: residential (RT-2} West: residential (RT-2) South: residential (RT-2) _East: business (B-3) E. ZOIVING CODE CITATION: §64.A00 regulates changes to the zoning code•, §60.430 describes uses permitted in the RT-2 zoning district; § 60.56Q desctibes uses permitted in the B-3 zoning district; §60.720 describes the requirements for the P-1 zoning district F. HISTORYlDISCUSSION: The site is the former location of the Payne Reliever night cVub. The property was purchased and the former use closed in December, 1999. On December 11, 2000, the Board of Zoning Appeals approved a number of variances related to this project (Fite # 00-149923) G. DISTRICT COiJNCIL L2ECOMD'�NDATION: The District 5 Council had not commented at the time this staff report was written. Zoning File # 01-085-977 page Z H. F7NDINGS: 1. New York Bingo Palace LLC proposes to eacpand the existing building to the east onto a lot current[y zoned for pazkin$. The new building will be used for a bingo hall and Embers and Bridgeman's restaurant. The property at 608 York, next door to the existing parking lot, wili be purchased and converted to aa employee parking (ot. 2. The redevelopment of the building for the ne�v uses requires expansion of the building onto the lot to the west, requiring a rezoning of that lot from P-1 to B-3, the zoning ciassification of the existing building. 3. The building expansion will eliminaYe 8 pazking spaces. To replace Yhe parking losY by the building expansion, the applicant will purchase the lot direct[y west of the e�cisting pazking (ot and create a separate employee only lot. This requires rezoning that iot to P- 1. 'I`he new lot wiil have 12 pazking spaces. 4. §64.400 of the zoning code allows an amendment to the zoning code to be initiated by petition of the owners of 67% of the area of the properly to 6e re2oned. The rezoning petition must be accompanied by the consent of 67% of the property owners within 100 feet of the properiy to be rezoned. The applicanYs petition was determined to be sufftcient as follows: parcels eligible = 42; parcels required = 28; pazcels sigaed = 32. ` J 5. The site, on the corner of York and Payne, is a signi£cant location in the Old Town � Payne Avenue commercia] district. Old Town Payne Avenue is a coordinated effort to improve the historic commerciai core of Payne Avenue. The project has received significant pub(ic and private investment over the past three years. Public funds, including a STAR loan and grant and a Livabte Communities grant have been invested in improving the streetscape and stabilizing buildings in the area. The coaversion of the Payne Reliever adult entertainment venue into the New York Bingo Palace is a major part of this revival effort. The proposed use is consistent with the Principles for City Development of the Land Use Ptan buildmg on ext n tne mtx of land uses in the area. The East Consolidated Plan, part of the comprehensive plan, recommends strengthening businesses on Payne Avenue and creating pazking at the reaz of bui[dings. It also recommends strong [andscaping buffers between pazking areas and the adjoining residential areas. 8. The proposed reuse is consistent svith the way the area has developed and will not have an adverse impact on the surrounding area. _. 9. In order to rezone property to P-1, the following conditions must be met: A. The parking facility shall be accessory to and far use in connectian with ane or more businesses.... The facility wiil be employee parking for the bingo and restaurant employees, meeting this conditiott, B. The parking facilily shall not be used during the hours tivhen the principa[ use is not in � operation. During such periods the parking facility shall be inaccessible for public use. The Embers restaurant will be open 24 hrs. a day, making this condition moot. Should Dl `7 5 7 � � � Zoning File # O 1-a85-977 page 3 C. D. E. G. H. 10. this situation change, the lot will need to be closed off. 1�ie parkingfaciliry sha11 be used solely for parking of private passenger vehicles and shall no[ be used as an off-street Zoading area. The site plan shows no loading area in the P-1 parking lot. No commercial repair work or service of arzy kind, or sale or display thereof, shalt be conducted in such parking facitity. The applicant agrees to this condition. No signs of any kind, other than signs designating entrances, exits and conditions of use, shatt be maintained on such parkingfacility. No signs are proposed for the lot. A sign designating the ]ot as employee pazking only may be appropriate, as determined by site plan review staff: The BZA variance approval is conditioned on the lot being designated for employee parking, which can be interpreted as requiring a sign to that effect. No building other than that for the shelter of atteridants shalt be erected upon the premises unless specifica7ly approved by the ptanning adn:inistrator during site plan review. The site plan shows no building proposed for the lot. Applications for P-1 District rezoning shall include a site plan with conforms to all standards set forth in� 62.104. The planning commission may grant modi�cations of,¢ 62.104 based on fndings that such modifzcation is consistent with the intent of the code and with the reasonable enjoyment of adjacent property. No modifications appear needed at this time. Site Plan staff will meet �vith the applicant on Maylb. Requests for modification can be broughi to the Zoning Committee on the 17�' if necessary. P-I Vehicular Parking Districts shall be deve(oped ancl maintained in accordance with the requirements of §62.104. The Schedule of Regulations in §61.105 for the P-1 District requires a minimum azea of 4,000 sq. ft; a minimum width of 40 ft., and minimum yards of 4 feet each for front, side, and rear. §62.104 regulates the layout and location of off- street parking facilities, including the necessity fpr site plan review. The proposed parking lot meets the minimum width and area requirements. A visual screen will be required aiong the west and south property lines. The variances approved by the BZA on December 11 include the following: I. A variance of 38 parking spaces 2. A driveway with a zero setback from the residential district to the west. 3. A zero setback on the west and south sides, subject to the conditions that the parking lot at 608 York Avenue is designated for employee parkin$ and that the two pazcels at 608 York and 899 Payne are combined under a single property identification number and that the 608 York address is rezoned as a P-1 zone. In order to construct an addition to the buiiding at 899 Payne Avenue and establish a new pazking lot at 608 York Avenue; and legally described as CHAS. WEIDE'S SUBDIVISION OF BLOCK 35 OF ARLINGTON HILLS ADDITION TO ST. PAUL LOT 8 BLK 35 & CF3AS. WEIDE'S SUBDIVISION OF BLOCK 35 OF ARLINGTON HILLS ADDITION TO ST. PAi3L LOT 8 BLK 35; in accordance with the application for variance and the site plan on file with the zoning Administrator. While the variances for the parking lot were approved prior to the application for rezoning, it appears that the site pians are the same and that the variances are consistent with what the PSanning Cammission would need to approve for the rezoning to occur. The one condition for the variance that would not be consistent is that the parcels be combined under a single property identification number, since this �vould create split zoning for the property. A better approach ��•ouid be for the properties at 894 Payne and 624 York to be combined under a single PIN afrer the rezoning of 624 York to B-3 is final and that the properties at 618, 612, and 608 York be combined under a second PTN Zoning File # O1-085-977 page 4 � , after 608 is rezoned to P-1. In this way the B-3 properties would have one tas description and the pazking lots zoned P-1 would also have only one description. STAFF RECOMMENDATION: Based on findings 1 through 10, staff recommends approval ofthe rezoning of properly at 626 York Avenue from P-1 Parking to B-3 Business to allow expansion of the existing building onto the parking lot and rezoning property at 608 York from RT-2 Residenfial to P-1 Parking to provide employee pazking for the new restaurant and bingo facility. ` � r� L_— 0�� MINUTES OF THE ZQNING COMMITTEE Thursday, May 17, 2001 - 3:30 p.m. City Councii Chambers, 3` Floor City HaN and Court House 15 West Keflogg Boulevard PRESENT: EXCUSED: OSHERS PRESENT: Alton, Fietd, Gordon, Kramer, Mejia, and Morton Anfang, and �aricy Peter Warner Carol Martineau, Ailan Torstenson, Patricia James of PED The meeting was chaired by Commissioner Field. � New York Bingo Palace LLG - 01-185- 977 - Rezoning firom P-1 Parking to B-3 Business to allow expansion of ex+sting building onto the parking lot, and re2oning from fiT-2 Residential to P-1 Parking to provide parking for a new restaurant and bingo facility. 899 Payne Avenue, SW corner York and Payne. Patricia James presented a revised staff report. Ms. James stated there was a meeting with the Site Plan Review staff on May 16, 2001, and they ciarified that a screening fence along the south and west side of the parking lot against the aliey would need to be installed to buRer the house next door. She atso stated the Board of Appeals required that the new parking lot be combined with the same property identification number with the property at the Payne Reiiever site and since that would result in sp4it zoning on the same tax parcel the Zoning Code does not permit that. The recommendation of Zoning Staff is that the proposed parking lot be joined with the other parking lot that is zoned P-1. The Zoning Staff recommends approval of the rezoning. At the question of Commissioner Gordon, Ms. James stated that ihe Zoning Code would require 56 parking spaces, by reconfiguring the existing parking tot, six spaces would be gained and 12 new parking spaces gained at 608 York. The shortfafi of 38 parking spaces is resolved because of the variance ihat was granted from the Board of Zoning Appeals in December. 7he applicant, Mr. Mark Frisch, appeared and stated he had nothing further to add. No one spoked in support or opposition. The pubfic hearing was c{osed. Commissioner Kramer moved approval of the rezoning. Gommissioner Gordon seconded it. Commiss+oner Kramer made the observaiion that even if the recommendation of the BZA was foilowed combining the two properties, the zoning code doesn't allow a property to be created with split zoning. At the question of Commissioner Field, Ms. James stated you can't appfy for rezoning to the P-1 District without a site plan, and the Planning Commission can put conditions and variances on the site plan in conjunction with the rezoning. The approval of the site plan is being conditioned, not the rezoning. Mr. ANan Torstenson explained that Paragraph 7 under required conditions under P-1 nates that appiications for P-1 Zoning shall include a site ptan which conforms to ail standards set forth in Zorting Com+nittee Minutes May 17, 2001 File #: 01-185-977 Page 2 Section 62.104. The Planning Commiss+on may grant modifications of 5ection 82.t04 based on findings that such modifications are consistent with the intent of the code which can be handled as part of the review of the rezoning. The motion passed with a vote of 6-0. Adopted Yeas - 6 Nays - 0 Drafted by: C`.Q.t.P��d7Z��rGCtv��c.��,CI Caro! Martineau Recording Secretary Submitted by: Patricia James Zoning Section Approved by: Litton Fieid Chair C� � � � ; �Mi u� �� PETITtON TO AMEND THE ZON{NG CODE Department ojPlanning and Ecanomic Development Zoning Section 1100 Ciry Ha11 Annex 25 Wen Founh Street Saixt Paul, M1V 53102 266-6589 APPLICANT PROPERTY LOCATtON PrOperty QWnef �ersld E. Frisch for New York Binao Palace LLC Address �cn c*,, f ��h c,-..e + City sr Paul St.�3N Zip 551 6 Daytime phone (651) 690-159 Contact person (�f different) Address/Location Parcel I: 899 Payne Ave; Parcel II: 6�$ York St. legal description See attached. additional sheei H necessary) TO THE HONORABLE MAYOR AND CtTY GOUNCIL: Pursuant to Section 64.400 of the Saint Paul 2oning Ordinance and to Section 462.357(5) of Minnesota Statues, New York Bingo Falace LLC , the owner of all the fand proposed for rezoning, hereby petitions you to rezone the above described property from a p�rc �� zoning district to a A� zoni�g district, for the purpose of; xpanding the existing building on to the par�ing lot to accommodate a restaurant and bingo facility at the former Payne �eliever site. The expansion of the building on to the parkina lot is required to accomnodate security, deliveries, and to provide adequate anen��@� o£ the bingo hall and restaurant; and Parcel II: R1 Zoning Distr%ct to 2 P1 Zonin� District, for the �urpose of providing additior_al p�r:;ing to replace a portion of par:cin� lost on Parcel I— to be designated as "Employee Par:cing" for eaployees and service p�rsonnel working at Bingo Hall and Restaurant. - Svote: St. Paul City Council sitting as NKA has slready approved project on October 11, 2000, by granting financing for expansion of building from originzl 10,0 square feet to 13,200 square feet by Resolution P;o. 2000-10-11— (af#ach additional sheet(sJ �f necessary) Attachments: Required site pian � Cortsent petftion I] A�davit �_ Subscribed and swom to before me this 3 r7" day . � •�- �a� ��t . _ .��_-�, ,;.�.� • �-- j� . a:. �'�:�° � .�,. New By: LLC owner of property Gerald E. 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The property zn questia� cani7ot be put to a r'easor�nble i�se tneder tne strict provisions of tlre code. The applicant is proposin� to construct a 3,200 square foot addition to the rear of the existing building to accommodate the ne�v bingo hall and restauran:: ln conjunction with this �ddition, the applicant has petitioned to rezone the property at 60S �'ork Avenue to a P-1 zonin� district in order to develop additional parking on the sitz. Tlie proposed additSon requires 56 parkin� spaces. B}� reconfigurivg the existing parkin� lot, the applicant �vill gain 6 netiF� spaces. Tl�e proposed new parkin� lot a: 60S York �vill provSde 12 new spaces, lea��ing a shortfall of 3S parking spaces. The changa in �levation beriveen the lot at 608 York and the existing parkin� lot requires that the ne« lot fias a separate enirance. The netiv lot is only AO feet wide and in order to meet th: design standards for off-street parkin� facilities, a setback variance is required. 3. The plight of the land oivner is due to circtmtstances zmique to this property, ar�d these circumstances ivere not cr by the land orvr:er. The limited lot size and the difference in elevation between the tn'o parcels are circumstances that �vere not created by the applicant. The pr variances are in heepi��g with the spirit ar�d iliteril of the cocle, arzd are co�tsistei:t tivitlt tlte healtlr, safety, co}r fort, mornls ancl z,.=elfar of the ir:laabitants of the Cit}' of St. Paut. The rehaUilitatian and reuse of this commercial building rvith a vizblz, attractive business, pa�t 1 0` d File # QO-149923 Resolution � will contribute to the renaissance of the Payne Avenue Business District. 'Pl�e appIicant has also been working with the City Planning Staff on the acquisition and development of the property on the northwest carner of Yark and Payne as a pubiic parking lot. These t�vo projects will complinlent each othet and attracf new business to the area. 4, Tlie prroposerl variance will not irnpair an aclequate supply of lighr and air to arjacerrt propert��, fior will it alter ihe esse�ttial character of the surrour:tlir2g a��ea or zuireresonably dimirtish estc�blis7red property values wilhirt t)re sun aren. Tlie proposed Uuilding addition �vill maintain the same side yard sztbacks as the existin� Uuildin�. The ne�v parking lot has been designed with the parkin� spaces located on ihe opposite side of the lot from the adjacent residential property. If the parking spaces in the new lower lot are reserved for employee parking, �vhich would limit the amount of traffic in and out of the lot, the requested sefUack variances should have a minimal effect on the neighboring property. The proposed bingo hall and`resfaurant are similar to the previous bar and restam�ant located on this site, in that they both require the same amotuit of off-street parking. The applicanf will be providin� 1 S netiv pad:ing spaces and when Uie ne�c public parkin� lot is deveioped acrass the street, it �vill help alleviate any remainin� parkin� shortfall for the new business. Cttnently the parcel at 60S Xork and Uiepazcel at 899 Payne are separatel}� � described parcels, each witl� its olvn property identification number. Since the lot at 60S Yorb: �vill be providin� required parking for fhe lof at 899 Payne A� znue, the t�vo lots should Ue combined under one legal description and a single prop�rty identi£cation number. This ��ould simpiify record keepin� and ensure that reqiiirzd parkin� is not lost. S. The t�ai if grarrterl, ivot�id not pern:it arry :rse thret is not pe1-mitted iirtder tlie - provisions of zhe corle for the propert�� in the rtistr lvhere the c fj2cted lar�d is located, nor ----- }votrld it-alteror-chmrgetl�ezoning-clistr-ictLlassificatiot�-nf_the�ropecty.—____ —_ -- A Uingo hall and arestaurant are pemu ''- - �na district. Provided that the lot at 608 York Avenue is rezp,aed to a P-1 zoning district, the ne�� parkin� ot wou ' also be a permitted use, and the requested variances would not chan�e or alter the zoning classification of either lot. 6. The reguest for variarice is not based primarily on a desir to increase the value or income pote�ttial of the par-cef of Iand. . The applicant states t�iat his.primary,desire is to redevelop this site ��•ith a viable business that �vili contribute ta the renaissance of the Payne Avemie btrsinzss district. � i`'OtV, THEREFORE, BE IT RESOLVED, by the Saint Paul Board oi Zoning Appeais that the provisions of Section 61.101 cX: 62.103 are hereby �vai��ed fo allo�v I). A��ariance of 38 parkin� Pa�c 2 of 4 � dl-�5� � File # d0-149923 Resolution spaces. 2). A drivetivay with a zero setUack from ihe residential district to the west. 3). A zero setback on the tivest and south sides, snbject to the conditions that the parl:ing lot at 608 Xork Avenue is designated foz employee parking and that the rivo parcels at 60S York and 899 Payne are combined under a single property identification number and that the 608 �'ork address is re- zoned as a P-1 zone. In order to constnict an addition to fhe building at 899 Payne Avemie and establish a ne�v parking lot at 60S Xork Avenu� on property located at 899 Payne Avenue �, 608 York Avenue; and le�ally described as CHAS. WEIDE'S SUBUIVISIO\' OF BLOCK 35 OP ARLINGTON HILLS ADDITIOI� TO ST. PAUL I�OT 8 BLK 35 & CHAS. WEiDE'S SUBDI�'ISION OF I3LOCFC 35 OF ARLINGTON HILLS ADDITIOi�T TO ST. PAUL LOT 8 BLIi 35; in accordance ti��ith the application for variance and the site plan on file with the Zonii�� Administrator. MOVED $Y: bu��.staa SECONA�D BI': ��;�SO�1 II\T 1��'OR.: 7 AGr�.II\TST: a � I11AIL�D: December 13, 2000 TI�7E LT�IIT l�o order of tlie 73oard of Zonina Appeals permittin� the erectian or alteration of n building or off-street parl;ing tacilit}� shall be calid for a period longer than otie }'ear, unless a buiiding permit for such erectimi or aiteration -- - ----- - -- - — _- - � is obtairied rnthin sucli perio� and such ere`ct9on or alferation is procee mg pursuant fo the terms of such permit. The Board of Zonina Appcals or the City Councit may grant an extension not to exceed one ti�ear. In granting such extensimi, the?3oard of Zoning Appeals ruay decide to hold a public hearing. APPEAL Aecisions of the Board of Zoning Appeals are £nal subject to appea] to the Cit}• Councii Friftiin 15 days by an} one affected b�• ffie decision. Buildina permits shall not be issued after an appeal has been fiied. If permits have been issued before an appeal has been 2'iled then the permits are suspended and wnstruction shall cease until the City Council has made a final determination ofthe appeal. CEPTIFICATIO\: I, the undersigned Secretary to the Board of Zoning Appeals for the Cit}' of Saint Paul, n�innesota, do hereUy certify that I hati e compared the foregoing copy ft�ith the original record in my oftice; and find the same to be a frue and i ?a�e 3 oi 4 ._ . r , File #} 00-549923 � Resolu[ion correcf copy of said origival uul of ttte F��lcole thereof, as based on approti�ed minutes of the Saint Paul Board of Zoning Appcals meeting hcld on December 11, 2000 aud on recorcl in the Office of License Inspection and Envir'onmentat Protection, 35� St. Yefer Strect, Sainf Paul, Minnesota. SAIl�IT PALJL 140ARD Ok' ZONING APPEALS � �.t�� - '�l�iir�--r�� Debbie Crippen Seeretary to tt�e Board a � Page 4 oI 4 � �!-�5�7 � CITIZEN PAR ICIPATIO DIS RIC 5 1.SUHRAY-BATTLECREEK-HIGHWOOD 2.GREATER EASi SIDE 3.WEST SIDE ' BLUFf 5. AYN - LEN � N END 7.THOMAS-DALE S.SUMMI7-tSNIVERSITY 9.WEST SEVENTH 1�.COMO , 11.HAMLINE-MIDWAY 12.ST. 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LICANT �� "�� /��/C3 �� POSE ��r• °�'w� Zoning dislrict t�u�dzry k � r � DATE L �` O � O � � subjeC property �� 7� MAP # o one lanily ••^ comme�cial . �,.,� � hr+o f=mily t �.. ir,dUSt:i?t �PJ � -- .._ �L¢Q muiGpte tamtiy V vzcant _ ._. -•— .�--=` ' Council File # O\-'157 Ordinance # Green Sheet # `�O a..�a Presented By ORDfNANCE CITY OF SAINT PAUL, MINNESOTA 37 Referred To Committee: Date 2 An ordinance amending Chapter 60 of the Sairtt Paul Legjslative Code perta.iving to zoning for the City of 3 Saint Paul and the zoning maps thereo£ 4 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 i1 S2 �3 4 WFIEREAS, Pursuant to Minnesota Statutes §462.357 and §64.400 of the Legislative Code, the New York Bingo Palace, LLC duly pefitioned to rezone 626 YORK AVENi7E EAST being legally described as Lot 4 Block 35 Chas. Weide's Subdivision of Block 35 of Arlington Hills Addition to St. Pau1 from P-1 to B-3 to allow for expansion of an existing building onto a parking lot and rezone 608 YORK AVENTJE EAST being legally described as Lot 8, Block 35 Chas. Weide's Subdivision of Block 35 of Arlington Hills Addition to St. Pau1 from RT-2 to P-1 to provide parking for a new restaurant and bingo facility, the petition hauing been certified by the Pl�m�ing Division on April 4, 2001, as having been consented to by at least 67 percent of the owners of the azea to be rezoned, and fitrther 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 yeaz preceding the date of the petition; and WHEREAS, the Zoning Committee of the Planning Commission held a public hearing on May 17, 2001, far �1ie 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 May 25, 2001, and recommended that the City Councii approve the petition; and WFIEREAS, notice of public hearing before the City Council on said rezoning petirion was duly published in the official newspaper of the City on June 11, 2001, and notices were duly mailed to each owner of affected properiy and properiy situated wholly or partly within 350 feet or the property sought to be rezoned; and WHEREAS, a public heazing before the City Council ha�ing been conducted on June 27, 2001, at which a11 interested parties were given an opporiunity to be heard, the Council having considered a11 the facts and recommendations concerning the petltion; now, therefore THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: Secfion 1. 5 That the zoning map of the City of Saint Paul, Sheet Number 14, as incorporated by reference in §60301 of 6 the Saint Paul Legislative Code, as amended, is hereby fiirther amended as follows: 7 � B That the property at 626 YORK AVENUE EAST, being more particularly described as: ��, � � 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 Lot 4 Block 35 Chas. Weide's Subdivision of Block 35 of Arlington Hills Addition to St. Paul Ot-7S� be and is hereby rezoned from P-1 to B-3; and That the properry at 608 YORK AVENiJE EAST, being more particulazly described as: Lot 8, Biock 35 Chas. Weide's Subdivision of Block 35 of Arlington Hiils Addition to St. Paul be and is hereby rezoned from RT-2 to P-1. Section 2. This ordinance shali take effect and be in force thirty (30) days from and after its passage, approval and publication. 54 Yeas � Nays Absent Requested Oy Department of: 55 56 57 58 59 60 51 7Z i3 74 Adopted by Council: )5 )6 Adoption Certified, r7 � �� 'g $Y� —8 Council � Approved by Mayor; Date __/�� 6J �717 � 1 � gY _ Plannin & Economic D elo ment . gy: � / Approved by Financial Service By: � Form Approved by City Attorney / gY: �I.SGL� �) � I/� Approved by Mayor or ubmission to Council By: � tiM�Ku ruou.r• ... � t Date �`�� DEPARTMENT/OFFICE/COUNCA.: PED - East Team CONTACf PERSON & PHONE: Patricia James 266-6639 MUST &E ON COUNCII, AGENDA BY (DATE) TOTAL # OF SIGNAI'i3RE PAGES DATE INITIATED I GREEN SHEET 29 June 2001 � ATE 2 DEPARTSvIE."N'P DIR ASSIGN NOMBER 3 CiTY ATTORNEY�. FOR �B`7�'�AL SERV DIR —_ �� .-p{' � t_y-- � ROUTING 4 MAYOR(ORASST. ORDEB 1 TEAMI.EADER � ALL LOCATIONS FOR SIGNATURE) No.: 110202 5 C1TY CAUNCIL Ol-�S� INITIAUDATE _ CITY CLERK _ FINANCIAL SERV/ACCTG _ CIVtL SERVICE CObIIvIISSION Acnox xsQirES�n: Adopt Ordinance rewning 626 and 608 York per City Council Public Hearing June 27, 2001 RECOMIdENDATTONS: Apptove (A) m Reject (R) _A PLANNING COtvINIISSION CIB COMIvII11'EE CTVII. SERVICE COIvA�IISSi( PERSONAL SERVICE CONTRACTS M[IST ANS�fiER THE FOLLOR`IPSG QUE5110NS: I. Has this peison/firtn ever worked under a wntract for this deparanent? Yes No 2. Has this personlfirm ever been a city emptoyee? Yes No 3. Does this personlfum possess a skill not nom�alty possessed by a�ry current ciTy employee? Yes No Ezplaio all yes answers on separate sheet aud attach to green sheet INITIAI'ING PROBLEM, ISSUE, OPPORY'ONITY (Who, Whay When, Where, Why): Perition to rezone submitted by New York Bingo Palace LLC. Planning Commission recommends approval; City Council voted to approve after public hearing on June 27 ADVAN'CAGES IF AYPROVED: Implements City Council decision; proposed development can proceed DISADVAN'i'AGES IF APPROVED: NOT1C IF NOT APPROVED: � , , :_ City Council declsion will not be nnplemented; proposed development will not happen TOTAL AMOUNT OF'IRANSACiTON: S FONDING SOURCE: COST/REVENUE BUDGETED: ACTYVPI'Y NOMBER: ,�� s� FINANCLIL INFORMATTON: (F.XPLAII� DEPARTMENI' OF PLANNING & ECONOMIC DEVELOPMENT Pamela Wheelock, D"uector CITY OF SAII�Tf PAUL Norni Coleman, Mayor June 1, 2001 Ms. Nancy Anderson City Council Reseazch Office Room 310 City Hall Saint Paul, Minnesota 55102 Deaz Ms. Anderson: 25 West Forvth Sbeet Sain! Paul, MN 55102 � Y b�a'��°� �� 0 �.� 57 l, Telephone: 672-2666655 Facsimile: 612-228-3261 I would like to confirm that a public hearing before the City Council is scheduled for Wednesday June 27, 2001, for the following zoning case: Applicant: NEW YORK BINGO PALACE LLC File Number: #O1-185-977 � Purpose: Rezoning from P-1 to B-3 to expand the existing building onthe the lot and to rezone from RT-2 to P-1 to provide pazking for a new restawant and biingo facility Address: Lega3 Description of Property: Previous Action: 626 and 608 York Street 626 Yor : Lot 4, Block 35 Chas. Weide's Subdivision of Block 35 of Arlington Hills Addition; 608 York: Lot 8, Block 35 Chas. Weide's Subdivision of Block 35 Arlington Hills Addition. Planning Cammission Recommendation: Approval, May 25, 2001 Zoning Committee Recommendation: Approval, May 17, 2001 � My understanding is that you will publish any required notice of the hearing in the Saint Paul Legal I,edger. Please call me at 266-6639 if you have any questions. � � iiI .��' ��'/ . � . � ' cc: File#O1-185-977 Cazol Martineau Pau1 Dubruiel '�� L�. -- •FIItS"CRUN�• . NOTiGE OF� PDBIdG SF.ARING � The Saint Paul Criy,Councll wilL condvct a pu6lic heazing on Wednes<]ay, June 27, 2001, at 5:3P p.m. in the C3tyCouncil Chambeis, Tlrird P9oor CYty Hall-CoLrfltouse, 15 West Ae}logg Boulevazd. Saiot Pau1. to consider the aPpii' catton by New York Buigo Patace LLC to r�one tmm r-1 to s-s co ncpaua the ebstin8 b�ssldi��g an the lot aad to rezune from RT-2 to P-1 to provide pazking for a new mstaurant aad bfngo facility at 626 ar,d 608 York SheeL Dated:�.IUne 7, 2W1 � " . � � NANCYANDERSON , Ass4;tant qty Councll Secretary (Jnne i Il �i'== 31: PlH7L 3EGelL IEOGER � 47023218 " ' - , DEPARTMENTOFPLANNING & ECONOMlC DEVELOPMENT B»me Sweeney, Direcior � �/` �� CITY OF SAINT PAUL Norm Coteman, Mayor June 1, 2001 Ms. Nancy Anderson Secretary to the Ciry Council Room 310 City Hall Saint Paul, MN 55102 RE: Zoning File NO1-185-977 City Council Hearing: 25WestFourlhStreet Telephone:651d66-6616 Sainf Paul, Ml'J 55101 Faaimile: 651-228-3341 NEW YORK BINGO PALACE LLC June 27,2001 at 5:30 p.m. in Ciry Council Chambers PURPOSE: Rezone property from P-1 Parking to B-3 Business to allow expansion of existing builidng onto the parking lot, and rezone from RT-2 Residentail to P-1 Parking to provide parking for a new restaurant and bingo facility at 899 Payne Avneue. PLANNING COMMISSION RECOMMENDATION: APPROVAL vote: unanimous ZOrTINC� COMMITTEE RECOMMENDATION: APPROVAL vote:6-0 � STAFF RECOMMENDATION: APPROVAL SUPPORT: No one spoke OPPOSITION: None Dear Ms. Anderson: NEW YORK BINGO PALACE LLC submitted a petition to rezone properry at 626 York from P-1 Parking to B-3 Business to expand the exisitng building onto the lot and to reaone property at 608 York from RT-2 Residential to P-1 Parking to provide parking fox a new resturant and bingo facility. The Zoning Committee of the Piamring Commission conducted a public hearing on the petition an May 17, 2001. Staff presented a report recommending approval. The applicant was present to answer questions. No one spoke in support or opposition. At the close of the public hearing the committee voted 6-0 to recommend approval of the rezoning. The Planning Couunission upheld the Zoning Committee's recommendation foc agproval on a unanimous vote on May 25, 2001. This appeal is scheduled to be heard by the City Council on June 27, 2Q01. Please call me at 266-6639 if there are any questions. S' rely, ^ ` i Patricia James City Planner ` Attachtnents cc: File # O1-185-977 City Councilmembers o�-�s � � city of saint paul planning commission resolution fiie number o�-�o date May 25 zoo� • WHEREAS, New York Bingo Palace, LLC, File #01-185-977, has applied for a rezoning under the provisions of §64.400 and § 60.720 of the Saint Paul Legislative Code, for rezoning from P- 1 to B-3 to permit expansion of an existing building onio a parking lot and rezoning from ftT-2 to P-1 to provide parking for a new restaurant and bingo facility on property {ocated at 626 and 608 York Avenue; and WHEREAS, the Zoning Committee of the Planning Commission, on May 17, 2001, heid a pubiic hearing at which alt persons present were given an opportunity to be heard pursuant to said application in accordance with the requirements of §64.300 of the Saint Pau! Legislative Code; and WHEREAS, the 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: � 1. New York Bingo Palace LLC proposes to expand the existing building to the east onto a )ot currentiy zoned for parking. The new bui{ding wi{i be used for a bingo hall and Embers and Bridgeman's restaurant. The property at 6�8 York, next door to the existing parking lot, will be purchased and converted to an employee parking lot. 2. The redevelopment of the building for the new uses requires expansion of the buiiding onto the lot to the west, requiring a rezoning of that lot from P-1 to B-3, the zoning classification of the existing building. 3. 7he building expansion will efiminate 8 parking spaces. To replace the parking lost by the buiiding expansion, the applicant wiil purchase the lot directty west of the existing patking tot and create a separate employee only lot. Tnis requires rezoning thaf lot to P-1. The new lot will have 12 parking spaces. moved by Field seconded by i n favor Unanimous � against Zoning Fiie #01-185-977 Planning Commission Resotution Page 2 4. £64.400 of the zoning code allows an amendment to the zoning code to be initiafed by petition bf the owners of 67% of the area of the property to be rezoned. The rezoning petition musf be accompanied by the consent of 67% of the property owners within 900 feet of the property to be rezoned. The applicanf's pefition was determined to be sufficient as foilows: parcels eligibte = 42; parcets required = 28; parcels signed = 32. 5. The sife, on the corner of York and Payne, is a significant location in the Old Town Payne Avenue commercial disfrict. Old Town Payne Avenue is a coordinated effort to improve the historic commerciai core of Payne Avenue. The project has received significant public and private investment over the past three years. Pubtic funds, including a STAR loan and grant and a Livable Communities grant have been invested in improving tfie streetscape and stabifizing buildings in the area. 7he conversion of the Payne F2eliever adult entertainment venue into the New York Bingo Pa(ace is a major part of this revival effort. C� � 0 The proposed use is consistent witF� the Principies for City Development of the Land Use Plan, building on existing strengths and improving fhe mix of land uses in the area. The East Consolidated Plan, part of the comprehensive ptan, recommends strengthening businesses on Payne Avenue and creating parking at the rear of buildings. It also recommends strong landscaping buffers between parking areas and the adjoining residentiai areas. The proposed reuse is consistent with the way the area has developed and will not have an adverse impact on the surrounding area. In order to rezone property to P-1, the foliowing conditions must be met: A. The parking facilify shall be accessory to and for use in connection with one or � ci[if wi(lbe employee parking for the bingo and restauranEem lo ees m f th' d�' B. C. D. E. p y , ee mg is con dion. The parking facility sha!l notbe used during the hours when the principa! use rs not in operation. During sucli periods the parking facility shall 6e inaccessible for public use. The Embers restaurant wi(I be open 24 hrs. a day, making this condition moot. Should this situation change, the iof wiil need to be closed off. The parking facility shall be used solely for parking of prrvate passenger vehicles and sha/! not be used as an otf-street loading area. The site plan shows no loading area in the P-1 parking lot. !Vo commercial repair work or service of any kind, or sale or display thereof, shal! be conducted in such parki»� facilrty.-fihe applicaat.agrees to this oondition. No signs of any kind, other than signs designating entrances, exits and conditions of use, sha// be maintained on such parking facility. No signs are proposed for the lot. A sign designating the fot as empioyee parking only may be appropriate, as determined by site pian review staff. The BZA variance approval is conditioned on the !ot being designated for emptoyee parking, which can be � � � �1 �� 7 � � l� Zoning File #01-185-977 Planning Commission Resolution Page 3 10. 11 F G. H interpreted as requiring a sign to that effect. No building ofher than thaf for the shelter of attendants shaii be erected upon the premises unless specifica!!y approved by the planning administrator during site plan review. The site plan shows no buiiding proposed for the Iot. Applications fo� P-1 Dist�ctrezoning shall indude a site plan wifh conforms to a!! standa�ds set forfh in§ 62.104. The planning commission may grant mod�cations of § 62.104 based on frndings fhat such modification is consistent wifh the infenY of the code and wifh the reasonable enjoyment of adjacent properfy. No modifications appear needed at this time. Site Plan staff wi0 meet with the applicant on May16. Requests for modification can be brought to the Zoning Committee on the 17�' if necessary. P-1 VehicutarParking Disfricfs shall be developed and maintained in accordance with the requirements of §62. iO4. The Schedule of Regulations in §61.105 for the P-1 District requires a min+mum area of 4,OD0 sq. ft; a minimum width of 40 � ft., and minimum yards of 4 feet each for front, side, and rear. §62.104 regulates the layout and location of off-street parking facitities, inc{uding the necessity tor site plan review. The proposed parking lot meets the minimum width artd area requirements. A visuai screen will be requ+red alang the west and south propefty fines. The variances approved by the BZA on December 11 include the foltowing: 1. A variance of 38 parking spaces 2. A driveway with a zero setback from the residential district to the west. 3. A zero setback on the west and south sides, subject to the conditions that the parking lot at 608 York Avenue is designated for employee parking and that the two parcels at 608 York and 899 Payne are combined under a single property identification number and that the 608 York address is rezoned as a P-1 zone. In order to construct an addition to the building at 899 Payne Avenue and establish a new . parking lot at 608 York Avenue; and legally described as CHAS. WEIDE'S SUBDIVtSfON OF BLOCK 35 OF ARLINGTON HILLS ADD1710N TO ST_ PAUL LOT 8 SLK 35 & CHAS. WEIDE'S SUBDIVISION.OF BLOCK 35 OF ARLINGTON HILLS ADDITION TO ST. PAUL LOT 8 BLK 35; in accordance with the application for variance and the site ptan on file with the zoning Administrator. While the variances for the parking lot were approved prior to the appiication for rezoning, it appears that the site plans are the same and that the variances are consistent with what the Planning Commission wouid need to approve for the rezoning to occur. The one condition for the variance that would not be consistent is that the parcels be combined under a singfe property identification number, since this woutd create split zoning for the property. A better approach would be for the properties at 899 Payne and 624 York to be combined under a single P1N after the rezoning of 624 York to B-3 +s finai and that the properties at 618, 612, and 608 York be combined under a second P!N after 608 is rezoned to P-1. In this way the S-3 propeRies would have one tax description and the parking iots zoned P-1 would also have only one description. Section 60.734 (7) of the Zoning Code states: "Applications for P-1 District rezoning Zoning File #01-185-977 P(anning Commission Resolution Page 4 shall include a site plan with conforms to all standards sef forth in section 62.704. The planning commission may grant modifications of section 62.104 based on findings that such mbdification is consistent with the intent of the code and with the reasona6fe enjoyment of adjacent property." The site plan with the variances approved by the board of zoning appeals is consistent with the intent of the code to provide off-street parking that serves a use district which has developed without adequafe off-street parking. Restricting the lot to emptoyee parking only reduces tfie traffic and other impact the lot wili have on adjacent property, making the modifications consistent wifh the reasonable enjoyment of the adjacent properties. � IJOW, THEREFOf2E, BE IT RESOLVED, that fhe Sainf Pauf PJanning Commission recommends to the City Councii that the petition of New York Bingo Patace, LLC for a rezoning of 626 York Avenue, legaily described as Lot 4, Block 35 Chas. Weide's Subdivision of Biock 35 of Arlington Hills Addition to St. Paul from P-1 to B-3, and 608 York Avenue, legaily described as lot 8, Block 35 Chas. Weide's Subdivision of Biock 35 of Arlington Hills Addition to 5t. Paul from RT-2 to P-1, for expansion of an existing building onto a parking lot and to provide parking for a new restaurant and bingo facilify be approved. � �— L_— �1-75� �J � � i. 2. ZONING COMMITTEE STAFF REPORT REVISED FILE # 01-I85-977 APPLICANT: I3ew York Bingo Palace, LI,C HEARING DATE: OS-17-01 TYPE OF APPLICAITON: Rezoning 3. LOCATION: Parcel l: 626 York Avenue; Pazcel 2: 608 York Avenue 4. LEGAL DESCRIP7TON: Parcel 1: Lot 4, Block 35 Chas. Weide's Subdivision of Block 35 of Arlington Hills Addition to St. Paul; Parcel2: Lot 8, Block 35 C6as. Weide's Subdivision of Block 35 of Arlington Hills Addition to St. Paul 5. PLANNING DISTRICT: PRESENT ZONING: P-1; RT-2 6. ZONIlVG CODE REFERENCE: §64.400 §60.430 § 60.560; §60.720 STAFF REPORT AATE: OS-08-01; Revised 5-16-Oi 8. DATE IiECEIVED: Petition accepted: 04-04-01 BY: Patricia James DEADLINE FOR ACTION: 06-04-01 A. PiJRPOSE: Rezone properiy at 626 York Avenue from P-1 Pazking to B-3 Business to allow expansion of existing building onto the parking lot. Rezone property at 6D8 York from RT-2 IZesidential to P-1 Pazking to provide parking for new restaurant and bingo facility � C. PARCEL SIZE: Parcel 1: 40 ft. (York) x 125 ft. = 5,000 sq. ft. Parce] 2: 40 ft. (York) x 125 ft. = 5,000 sq. ft. EXISTING LAND USE: Parcel 1: parking ]ot; Pazce12: vacant lot D. SURROUNDING LAND USE: North: residential (RT-2} West: residential (RT-2) South: residential (RT-2) _East: business (B-3) E. ZOIVING CODE CITATION: §64.A00 regulates changes to the zoning code•, §60.430 describes uses permitted in the RT-2 zoning district; § 60.56Q desctibes uses permitted in the B-3 zoning district; §60.720 describes the requirements for the P-1 zoning district F. HISTORYlDISCUSSION: The site is the former location of the Payne Reliever night cVub. The property was purchased and the former use closed in December, 1999. On December 11, 2000, the Board of Zoning Appeals approved a number of variances related to this project (Fite # 00-149923) G. DISTRICT COiJNCIL L2ECOMD'�NDATION: The District 5 Council had not commented at the time this staff report was written. Zoning File # 01-085-977 page Z H. F7NDINGS: 1. New York Bingo Palace LLC proposes to eacpand the existing building to the east onto a lot current[y zoned for pazkin$. The new building will be used for a bingo hall and Embers and Bridgeman's restaurant. The property at 608 York, next door to the existing parking lot, wili be purchased and converted to aa employee parking (ot. 2. The redevelopment of the building for the ne�v uses requires expansion of the building onto the lot to the west, requiring a rezoning of that lot from P-1 to B-3, the zoning ciassification of the existing building. 3. The building expansion will eliminaYe 8 pazking spaces. To replace Yhe parking losY by the building expansion, the applicant will purchase the lot direct[y west of the e�cisting pazking (ot and create a separate employee only lot. This requires rezoning that iot to P- 1. 'I`he new lot wiil have 12 pazking spaces. 4. §64.400 of the zoning code allows an amendment to the zoning code to be initiated by petition of the owners of 67% of the area of the properly to 6e re2oned. The rezoning petition must be accompanied by the consent of 67% of the property owners within 100 feet of the properiy to be rezoned. The applicanYs petition was determined to be sufftcient as follows: parcels eligible = 42; parcels required = 28; pazcels sigaed = 32. ` J 5. The site, on the corner of York and Payne, is a signi£cant location in the Old Town � Payne Avenue commercia] district. Old Town Payne Avenue is a coordinated effort to improve the historic commerciai core of Payne Avenue. The project has received significant pub(ic and private investment over the past three years. Public funds, including a STAR loan and grant and a Livabte Communities grant have been invested in improving the streetscape and stabilizing buildings in the area. The coaversion of the Payne Reliever adult entertainment venue into the New York Bingo Palace is a major part of this revival effort. The proposed use is consistent with the Principles for City Development of the Land Use Ptan buildmg on ext n tne mtx of land uses in the area. The East Consolidated Plan, part of the comprehensive plan, recommends strengthening businesses on Payne Avenue and creating pazking at the reaz of bui[dings. It also recommends strong [andscaping buffers between pazking areas and the adjoining residential areas. 8. The proposed reuse is consistent svith the way the area has developed and will not have an adverse impact on the surrounding area. _. 9. In order to rezone property to P-1, the following conditions must be met: A. The parking facility shall be accessory to and far use in connectian with ane or more businesses.... The facility wiil be employee parking for the bingo and restaurant employees, meeting this conditiott, B. The parking facilily shall not be used during the hours tivhen the principa[ use is not in � operation. During such periods the parking facility shall be inaccessible for public use. The Embers restaurant will be open 24 hrs. a day, making this condition moot. Should Dl `7 5 7 � � � Zoning File # O 1-a85-977 page 3 C. D. E. G. H. 10. this situation change, the lot will need to be closed off. 1�ie parkingfaciliry sha11 be used solely for parking of private passenger vehicles and shall no[ be used as an off-street Zoading area. The site plan shows no loading area in the P-1 parking lot. No commercial repair work or service of arzy kind, or sale or display thereof, shalt be conducted in such parking facitity. The applicant agrees to this condition. No signs of any kind, other than signs designating entrances, exits and conditions of use, shatt be maintained on such parkingfacility. No signs are proposed for the lot. A sign designating the ]ot as employee pazking only may be appropriate, as determined by site plan review staff: The BZA variance approval is conditioned on the lot being designated for employee parking, which can be interpreted as requiring a sign to that effect. No building other than that for the shelter of atteridants shalt be erected upon the premises unless specifica7ly approved by the ptanning adn:inistrator during site plan review. The site plan shows no building proposed for the lot. Applications for P-1 District rezoning shall include a site plan with conforms to all standards set forth in� 62.104. The planning commission may grant modi�cations of,¢ 62.104 based on fndings that such modifzcation is consistent with the intent of the code and with the reasonable enjoyment of adjacent property. No modifications appear needed at this time. Site Plan staff will meet �vith the applicant on Maylb. Requests for modification can be broughi to the Zoning Committee on the 17�' if necessary. P-I Vehicular Parking Districts shall be deve(oped ancl maintained in accordance with the requirements of §62.104. The Schedule of Regulations in §61.105 for the P-1 District requires a minimum azea of 4,000 sq. ft; a minimum width of 40 ft., and minimum yards of 4 feet each for front, side, and rear. §62.104 regulates the layout and location of off- street parking facilities, including the necessity fpr site plan review. The proposed parking lot meets the minimum width and area requirements. A visual screen will be required aiong the west and south property lines. The variances approved by the BZA on December 11 include the following: I. A variance of 38 parking spaces 2. A driveway with a zero setback from the residential district to the west. 3. A zero setback on the west and south sides, subject to the conditions that the parking lot at 608 York Avenue is designated for employee parkin$ and that the two pazcels at 608 York and 899 Payne are combined under a single property identification number and that the 608 York address is rezoned as a P-1 zone. In order to construct an addition to the buiiding at 899 Payne Avenue and establish a new pazking lot at 608 York Avenue; and legally described as CHAS. WEIDE'S SUBDIVISION OF BLOCK 35 OF ARLINGTON HILLS ADDITION TO ST. PAUL LOT 8 BLK 35 & CF3AS. WEIDE'S SUBDIVISION OF BLOCK 35 OF ARLINGTON HILLS ADDITION TO ST. PAi3L LOT 8 BLK 35; in accordance with the application for variance and the site plan on file with the zoning Administrator. While the variances for the parking lot were approved prior to the application for rezoning, it appears that the site pians are the same and that the variances are consistent with what the PSanning Cammission would need to approve for the rezoning to occur. The one condition for the variance that would not be consistent is that the parcels be combined under a single property identification number, since this �vould create split zoning for the property. A better approach ��•ouid be for the properties at 894 Payne and 624 York to be combined under a single PIN afrer the rezoning of 624 York to B-3 is final and that the properties at 618, 612, and 608 York be combined under a second PTN Zoning File # O1-085-977 page 4 � , after 608 is rezoned to P-1. In this way the B-3 properties would have one tas description and the pazking lots zoned P-1 would also have only one description. STAFF RECOMMENDATION: Based on findings 1 through 10, staff recommends approval ofthe rezoning of properly at 626 York Avenue from P-1 Parking to B-3 Business to allow expansion of the existing building onto the parking lot and rezoning property at 608 York from RT-2 Residenfial to P-1 Parking to provide employee pazking for the new restaurant and bingo facility. ` � r� L_— 0�� MINUTES OF THE ZQNING COMMITTEE Thursday, May 17, 2001 - 3:30 p.m. City Councii Chambers, 3` Floor City HaN and Court House 15 West Keflogg Boulevard PRESENT: EXCUSED: OSHERS PRESENT: Alton, Fietd, Gordon, Kramer, Mejia, and Morton Anfang, and �aricy Peter Warner Carol Martineau, Ailan Torstenson, Patricia James of PED The meeting was chaired by Commissioner Field. � New York Bingo Palace LLG - 01-185- 977 - Rezoning firom P-1 Parking to B-3 Business to allow expansion of ex+sting building onto the parking lot, and re2oning from fiT-2 Residential to P-1 Parking to provide parking for a new restaurant and bingo facility. 899 Payne Avenue, SW corner York and Payne. Patricia James presented a revised staff report. Ms. James stated there was a meeting with the Site Plan Review staff on May 16, 2001, and they ciarified that a screening fence along the south and west side of the parking lot against the aliey would need to be installed to buRer the house next door. She atso stated the Board of Appeals required that the new parking lot be combined with the same property identification number with the property at the Payne Reiiever site and since that would result in sp4it zoning on the same tax parcel the Zoning Code does not permit that. The recommendation of Zoning Staff is that the proposed parking lot be joined with the other parking lot that is zoned P-1. The Zoning Staff recommends approval of the rezoning. At the question of Commissioner Gordon, Ms. James stated that ihe Zoning Code would require 56 parking spaces, by reconfiguring the existing parking tot, six spaces would be gained and 12 new parking spaces gained at 608 York. The shortfafi of 38 parking spaces is resolved because of the variance ihat was granted from the Board of Zoning Appeals in December. 7he applicant, Mr. Mark Frisch, appeared and stated he had nothing further to add. No one spoked in support or opposition. The pubfic hearing was c{osed. Commissioner Kramer moved approval of the rezoning. Gommissioner Gordon seconded it. Commiss+oner Kramer made the observaiion that even if the recommendation of the BZA was foilowed combining the two properties, the zoning code doesn't allow a property to be created with split zoning. At the question of Commissioner Field, Ms. James stated you can't appfy for rezoning to the P-1 District without a site plan, and the Planning Commission can put conditions and variances on the site plan in conjunction with the rezoning. The approval of the site plan is being conditioned, not the rezoning. Mr. ANan Torstenson explained that Paragraph 7 under required conditions under P-1 nates that appiications for P-1 Zoning shall include a site ptan which conforms to ail standards set forth in Zorting Com+nittee Minutes May 17, 2001 File #: 01-185-977 Page 2 Section 62.104. The Planning Commiss+on may grant modifications of 5ection 82.t04 based on findings that such modifications are consistent with the intent of the code which can be handled as part of the review of the rezoning. The motion passed with a vote of 6-0. Adopted Yeas - 6 Nays - 0 Drafted by: C`.Q.t.P��d7Z��rGCtv��c.��,CI Caro! Martineau Recording Secretary Submitted by: Patricia James Zoning Section Approved by: Litton Fieid Chair C� � � � ; �Mi u� �� PETITtON TO AMEND THE ZON{NG CODE Department ojPlanning and Ecanomic Development Zoning Section 1100 Ciry Ha11 Annex 25 Wen Founh Street Saixt Paul, M1V 53102 266-6589 APPLICANT PROPERTY LOCATtON PrOperty QWnef �ersld E. Frisch for New York Binao Palace LLC Address �cn c*,, f ��h c,-..e + City sr Paul St.�3N Zip 551 6 Daytime phone (651) 690-159 Contact person (�f different) Address/Location Parcel I: 899 Payne Ave; Parcel II: 6�$ York St. legal description See attached. additional sheei H necessary) TO THE HONORABLE MAYOR AND CtTY GOUNCIL: Pursuant to Section 64.400 of the Saint Paul 2oning Ordinance and to Section 462.357(5) of Minnesota Statues, New York Bingo Falace LLC , the owner of all the fand proposed for rezoning, hereby petitions you to rezone the above described property from a p�rc �� zoning district to a A� zoni�g district, for the purpose of; xpanding the existing building on to the par�ing lot to accommodate a restaurant and bingo facility at the former Payne �eliever site. The expansion of the building on to the parkina lot is required to accomnodate security, deliveries, and to provide adequate anen��@� o£ the bingo hall and restaurant; and Parcel II: R1 Zoning Distr%ct to 2 P1 Zonin� District, for the �urpose of providing additior_al p�r:;ing to replace a portion of par:cin� lost on Parcel I— to be designated as "Employee Par:cing" for eaployees and service p�rsonnel working at Bingo Hall and Restaurant. - Svote: St. Paul City Council sitting as NKA has slready approved project on October 11, 2000, by granting financing for expansion of building from originzl 10,0 square feet to 13,200 square feet by Resolution P;o. 2000-10-11— (af#ach additional sheet(sJ �f necessary) Attachments: Required site pian � Cortsent petftion I] A�davit �_ Subscribed and swom to before me this 3 r7" day . � •�- �a� ��t . _ .��_-�, ,;.�.� • �-- j� . a:. �'�:�° � .�,. New By: LLC owner of property Gerald E. 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The property zn questia� cani7ot be put to a r'easor�nble i�se tneder tne strict provisions of tlre code. The applicant is proposin� to construct a 3,200 square foot addition to the rear of the existing building to accommodate the ne�v bingo hall and restauran:: ln conjunction with this �ddition, the applicant has petitioned to rezone the property at 60S �'ork Avenue to a P-1 zonin� district in order to develop additional parking on the sitz. Tlie proposed additSon requires 56 parkin� spaces. B}� reconfigurivg the existing parkin� lot, the applicant �vill gain 6 netiF� spaces. Tl�e proposed new parkin� lot a: 60S York �vill provSde 12 new spaces, lea��ing a shortfall of 3S parking spaces. The changa in �levation beriveen the lot at 608 York and the existing parkin� lot requires that the ne« lot fias a separate enirance. The netiv lot is only AO feet wide and in order to meet th: design standards for off-street parkin� facilities, a setback variance is required. 3. The plight of the land oivner is due to circtmtstances zmique to this property, ar�d these circumstances ivere not cr by the land orvr:er. The limited lot size and the difference in elevation between the tn'o parcels are circumstances that �vere not created by the applicant. The pr variances are in heepi��g with the spirit ar�d iliteril of the cocle, arzd are co�tsistei:t tivitlt tlte healtlr, safety, co}r fort, mornls ancl z,.=elfar of the ir:laabitants of the Cit}' of St. Paut. The rehaUilitatian and reuse of this commercial building rvith a vizblz, attractive business, pa�t 1 0` d File # QO-149923 Resolution � will contribute to the renaissance of the Payne Avenue Business District. 'Pl�e appIicant has also been working with the City Planning Staff on the acquisition and development of the property on the northwest carner of Yark and Payne as a pubiic parking lot. These t�vo projects will complinlent each othet and attracf new business to the area. 4, Tlie prroposerl variance will not irnpair an aclequate supply of lighr and air to arjacerrt propert��, fior will it alter ihe esse�ttial character of the surrour:tlir2g a��ea or zuireresonably dimirtish estc�blis7red property values wilhirt t)re sun aren. Tlie proposed Uuilding addition �vill maintain the same side yard sztbacks as the existin� Uuildin�. The ne�v parking lot has been designed with the parkin� spaces located on ihe opposite side of the lot from the adjacent residential property. If the parking spaces in the new lower lot are reserved for employee parking, �vhich would limit the amount of traffic in and out of the lot, the requested sefUack variances should have a minimal effect on the neighboring property. The proposed bingo hall and`resfaurant are similar to the previous bar and restam�ant located on this site, in that they both require the same amotuit of off-street parking. The applicanf will be providin� 1 S netiv pad:ing spaces and when Uie ne�c public parkin� lot is deveioped acrass the street, it �vill help alleviate any remainin� parkin� shortfall for the new business. Cttnently the parcel at 60S Xork and Uiepazcel at 899 Payne are separatel}� � described parcels, each witl� its olvn property identification number. Since the lot at 60S Yorb: �vill be providin� required parking for fhe lof at 899 Payne A� znue, the t�vo lots should Ue combined under one legal description and a single prop�rty identi£cation number. This ��ould simpiify record keepin� and ensure that reqiiirzd parkin� is not lost. S. The t�ai if grarrterl, ivot�id not pern:it arry :rse thret is not pe1-mitted iirtder tlie - provisions of zhe corle for the propert�� in the rtistr lvhere the c fj2cted lar�d is located, nor ----- }votrld it-alteror-chmrgetl�ezoning-clistr-ictLlassificatiot�-nf_the�ropecty.—____ —_ -- A Uingo hall and arestaurant are pemu ''- - �na district. Provided that the lot at 608 York Avenue is rezp,aed to a P-1 zoning district, the ne�� parkin� ot wou ' also be a permitted use, and the requested variances would not chan�e or alter the zoning classification of either lot. 6. The reguest for variarice is not based primarily on a desir to increase the value or income pote�ttial of the par-cef of Iand. . The applicant states t�iat his.primary,desire is to redevelop this site ��•ith a viable business that �vili contribute ta the renaissance of the Payne Avemie btrsinzss district. � i`'OtV, THEREFORE, BE IT RESOLVED, by the Saint Paul Board oi Zoning Appeais that the provisions of Section 61.101 cX: 62.103 are hereby �vai��ed fo allo�v I). A��ariance of 38 parkin� Pa�c 2 of 4 � dl-�5� � File # d0-149923 Resolution spaces. 2). A drivetivay with a zero setUack from ihe residential district to the west. 3). A zero setback on the tivest and south sides, snbject to the conditions that the parl:ing lot at 608 Xork Avenue is designated foz employee parking and that the rivo parcels at 60S York and 899 Payne are combined under a single property identification number and that the 608 �'ork address is re- zoned as a P-1 zone. In order to constnict an addition to fhe building at 899 Payne Avemie and establish a ne�v parking lot at 60S Xork Avenu� on property located at 899 Payne Avenue �, 608 York Avenue; and le�ally described as CHAS. WEIDE'S SUBUIVISIO\' OF BLOCK 35 OP ARLINGTON HILLS ADDITIOI� TO ST. PAUL I�OT 8 BLK 35 & CHAS. WEiDE'S SUBDI�'ISION OF I3LOCFC 35 OF ARLINGTON HILLS ADDITIOi�T TO ST. PAUL LOT 8 BLIi 35; in accordance ti��ith the application for variance and the site plan on file with the Zonii�� Administrator. MOVED $Y: bu��.staa SECONA�D BI': ��;�SO�1 II\T 1��'OR.: 7 AGr�.II\TST: a � I11AIL�D: December 13, 2000 TI�7E LT�IIT l�o order of tlie 73oard of Zonina Appeals permittin� the erectian or alteration of n building or off-street parl;ing tacilit}� shall be calid for a period longer than otie }'ear, unless a buiiding permit for such erectimi or aiteration -- - ----- - -- - — _- - � is obtairied rnthin sucli perio� and such ere`ct9on or alferation is procee mg pursuant fo the terms of such permit. The Board of Zonina Appcals or the City Councit may grant an extension not to exceed one ti�ear. In granting such extensimi, the?3oard of Zoning Appeals ruay decide to hold a public hearing. APPEAL Aecisions of the Board of Zoning Appeals are £nal subject to appea] to the Cit}• Councii Friftiin 15 days by an} one affected b�• ffie decision. Buildina permits shall not be issued after an appeal has been fiied. If permits have been issued before an appeal has been 2'iled then the permits are suspended and wnstruction shall cease until the City Council has made a final determination ofthe appeal. CEPTIFICATIO\: I, the undersigned Secretary to the Board of Zoning Appeals for the Cit}' of Saint Paul, n�innesota, do hereUy certify that I hati e compared the foregoing copy ft�ith the original record in my oftice; and find the same to be a frue and i ?a�e 3 oi 4 ._ . r , File #} 00-549923 � Resolu[ion correcf copy of said origival uul of ttte F��lcole thereof, as based on approti�ed minutes of the Saint Paul Board of Zoning Appcals meeting hcld on December 11, 2000 aud on recorcl in the Office of License Inspection and Envir'onmentat Protection, 35� St. Yefer Strect, Sainf Paul, Minnesota. SAIl�IT PALJL 140ARD Ok' ZONING APPEALS � �.t�� - '�l�iir�--r�� Debbie Crippen Seeretary to tt�e Board a � Page 4 oI 4 � �!-�5�7 � CITIZEN PAR ICIPATIO DIS RIC 5 1.SUHRAY-BATTLECREEK-HIGHWOOD 2.GREATER EASi SIDE 3.WEST SIDE ' BLUFf 5. AYN - LEN � N END 7.THOMAS-DALE S.SUMMI7-tSNIVERSITY 9.WEST SEVENTH 1�.COMO , 11.HAMLINE-MIDWAY 12.ST. 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LICANT �� "�� /��/C3 �� POSE ��r• °�'w� Zoning dislrict t�u�dzry k � r � DATE L �` O � O � � subjeC property �� 7� MAP # o one lanily ••^ comme�cial . �,.,� � hr+o f=mily t �.. ir,dUSt:i?t �PJ � -- .._ �L¢Q muiGpte tamtiy V vzcant _ ._. -•— .�--=` ' Council File # O\-'157 Ordinance # Green Sheet # `�O a..�a Presented By ORDfNANCE CITY OF SAINT PAUL, MINNESOTA 37 Referred To Committee: Date 2 An ordinance amending Chapter 60 of the Sairtt Paul Legjslative Code perta.iving to zoning for the City of 3 Saint Paul and the zoning maps thereo£ 4 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 i1 S2 �3 4 WFIEREAS, Pursuant to Minnesota Statutes §462.357 and §64.400 of the Legislative Code, the New York Bingo Palace, LLC duly pefitioned to rezone 626 YORK AVENi7E EAST being legally described as Lot 4 Block 35 Chas. Weide's Subdivision of Block 35 of Arlington Hills Addition to St. Pau1 from P-1 to B-3 to allow for expansion of an existing building onto a parking lot and rezone 608 YORK AVENTJE EAST being legally described as Lot 8, Block 35 Chas. Weide's Subdivision of Block 35 of Arlington Hills Addition to St. Pau1 from RT-2 to P-1 to provide parking for a new restaurant and bingo facility, the petition hauing been certified by the Pl�m�ing Division on April 4, 2001, as having been consented to by at least 67 percent of the owners of the azea to be rezoned, and fitrther 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 yeaz preceding the date of the petition; and WHEREAS, the Zoning Committee of the Planning Commission held a public hearing on May 17, 2001, far �1ie 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 May 25, 2001, and recommended that the City Councii approve the petition; and WFIEREAS, notice of public hearing before the City Council on said rezoning petirion was duly published in the official newspaper of the City on June 11, 2001, and notices were duly mailed to each owner of affected properiy and properiy situated wholly or partly within 350 feet or the property sought to be rezoned; and WHEREAS, a public heazing before the City Council ha�ing been conducted on June 27, 2001, at which a11 interested parties were given an opporiunity to be heard, the Council having considered a11 the facts and recommendations concerning the petltion; now, therefore THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: Secfion 1. 5 That the zoning map of the City of Saint Paul, Sheet Number 14, as incorporated by reference in §60301 of 6 the Saint Paul Legislative Code, as amended, is hereby fiirther amended as follows: 7 � B That the property at 626 YORK AVENUE EAST, being more particularly described as: ��, � � 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 Lot 4 Block 35 Chas. Weide's Subdivision of Block 35 of Arlington Hills Addition to St. Paul Ot-7S� be and is hereby rezoned from P-1 to B-3; and That the properry at 608 YORK AVENiJE EAST, being more particulazly described as: Lot 8, Biock 35 Chas. Weide's Subdivision of Block 35 of Arlington Hiils Addition to St. Paul be and is hereby rezoned from RT-2 to P-1. Section 2. This ordinance shali take effect and be in force thirty (30) days from and after its passage, approval and publication. 54 Yeas � Nays Absent Requested Oy Department of: 55 56 57 58 59 60 51 7Z i3 74 Adopted by Council: )5 )6 Adoption Certified, r7 � �� 'g $Y� —8 Council � Approved by Mayor; Date __/�� 6J �717 � 1 � gY _ Plannin & Economic D elo ment . gy: � / Approved by Financial Service By: � Form Approved by City Attorney / gY: �I.SGL� �) � I/� Approved by Mayor or ubmission to Council By: � tiM�Ku ruou.r• ... � t Date �`�� DEPARTMENT/OFFICE/COUNCA.: PED - East Team CONTACf PERSON & PHONE: Patricia James 266-6639 MUST &E ON COUNCII, AGENDA BY (DATE) TOTAL # OF SIGNAI'i3RE PAGES DATE INITIATED I GREEN SHEET 29 June 2001 � ATE 2 DEPARTSvIE."N'P DIR ASSIGN NOMBER 3 CiTY ATTORNEY�. FOR �B`7�'�AL SERV DIR —_ �� .-p{' � t_y-- � ROUTING 4 MAYOR(ORASST. ORDEB 1 TEAMI.EADER � ALL LOCATIONS FOR SIGNATURE) No.: 110202 5 C1TY CAUNCIL Ol-�S� INITIAUDATE _ CITY CLERK _ FINANCIAL SERV/ACCTG _ CIVtL SERVICE CObIIvIISSION Acnox xsQirES�n: Adopt Ordinance rewning 626 and 608 York per City Council Public Hearing June 27, 2001 RECOMIdENDATTONS: Apptove (A) m Reject (R) _A PLANNING COtvINIISSION CIB COMIvII11'EE CTVII. SERVICE COIvA�IISSi( PERSONAL SERVICE CONTRACTS M[IST ANS�fiER THE FOLLOR`IPSG QUE5110NS: I. Has this peison/firtn ever worked under a wntract for this deparanent? Yes No 2. Has this personlfirm ever been a city emptoyee? Yes No 3. Does this personlfum possess a skill not nom�alty possessed by a�ry current ciTy employee? Yes No Ezplaio all yes answers on separate sheet aud attach to green sheet INITIAI'ING PROBLEM, ISSUE, OPPORY'ONITY (Who, Whay When, Where, Why): Perition to rezone submitted by New York Bingo Palace LLC. Planning Commission recommends approval; City Council voted to approve after public hearing on June 27 ADVAN'CAGES IF AYPROVED: Implements City Council decision; proposed development can proceed DISADVAN'i'AGES IF APPROVED: NOT1C IF NOT APPROVED: � , , :_ City Council declsion will not be nnplemented; proposed development will not happen TOTAL AMOUNT OF'IRANSACiTON: S FONDING SOURCE: COST/REVENUE BUDGETED: ACTYVPI'Y NOMBER: ,�� s� FINANCLIL INFORMATTON: (F.XPLAII� DEPARTMENI' OF PLANNING & ECONOMIC DEVELOPMENT Pamela Wheelock, D"uector CITY OF SAII�Tf PAUL Norni Coleman, Mayor June 1, 2001 Ms. Nancy Anderson City Council Reseazch Office Room 310 City Hall Saint Paul, Minnesota 55102 Deaz Ms. Anderson: 25 West Forvth Sbeet Sain! Paul, MN 55102 � Y b�a'��°� �� 0 �.� 57 l, Telephone: 672-2666655 Facsimile: 612-228-3261 I would like to confirm that a public hearing before the City Council is scheduled for Wednesday June 27, 2001, for the following zoning case: Applicant: NEW YORK BINGO PALACE LLC File Number: #O1-185-977 � Purpose: Rezoning from P-1 to B-3 to expand the existing building onthe the lot and to rezone from RT-2 to P-1 to provide pazking for a new restawant and biingo facility Address: Lega3 Description of Property: Previous Action: 626 and 608 York Street 626 Yor : Lot 4, Block 35 Chas. Weide's Subdivision of Block 35 of Arlington Hills Addition; 608 York: Lot 8, Block 35 Chas. Weide's Subdivision of Block 35 Arlington Hills Addition. Planning Cammission Recommendation: Approval, May 25, 2001 Zoning Committee Recommendation: Approval, May 17, 2001 � My understanding is that you will publish any required notice of the hearing in the Saint Paul Legal I,edger. Please call me at 266-6639 if you have any questions. � � iiI .��' ��'/ . � . � ' cc: File#O1-185-977 Cazol Martineau Pau1 Dubruiel '�� L�. -- •FIItS"CRUN�• . NOTiGE OF� PDBIdG SF.ARING � The Saint Paul Criy,Councll wilL condvct a pu6lic heazing on Wednes<]ay, June 27, 2001, at 5:3P p.m. in the C3tyCouncil Chambeis, Tlrird P9oor CYty Hall-CoLrfltouse, 15 West Ae}logg Boulevazd. Saiot Pau1. to consider the aPpii' catton by New York Buigo Patace LLC to r�one tmm r-1 to s-s co ncpaua the ebstin8 b�ssldi��g an the lot aad to rezune from RT-2 to P-1 to provide pazking for a new mstaurant aad bfngo facility at 626 ar,d 608 York SheeL Dated:�.IUne 7, 2W1 � " . � � NANCYANDERSON , Ass4;tant qty Councll Secretary (Jnne i Il �i'== 31: PlH7L 3EGelL IEOGER � 47023218 " ' - , DEPARTMENTOFPLANNING & ECONOMlC DEVELOPMENT B»me Sweeney, Direcior � �/` �� CITY OF SAINT PAUL Norm Coteman, Mayor June 1, 2001 Ms. Nancy Anderson Secretary to the Ciry Council Room 310 City Hall Saint Paul, MN 55102 RE: Zoning File NO1-185-977 City Council Hearing: 25WestFourlhStreet Telephone:651d66-6616 Sainf Paul, Ml'J 55101 Faaimile: 651-228-3341 NEW YORK BINGO PALACE LLC June 27,2001 at 5:30 p.m. in Ciry Council Chambers PURPOSE: Rezone property from P-1 Parking to B-3 Business to allow expansion of existing builidng onto the parking lot, and rezone from RT-2 Residentail to P-1 Parking to provide parking for a new restaurant and bingo facility at 899 Payne Avneue. PLANNING COMMISSION RECOMMENDATION: APPROVAL vote: unanimous ZOrTINC� COMMITTEE RECOMMENDATION: APPROVAL vote:6-0 � STAFF RECOMMENDATION: APPROVAL SUPPORT: No one spoke OPPOSITION: None Dear Ms. Anderson: NEW YORK BINGO PALACE LLC submitted a petition to rezone properry at 626 York from P-1 Parking to B-3 Business to expand the exisitng building onto the lot and to reaone property at 608 York from RT-2 Residential to P-1 Parking to provide parking fox a new resturant and bingo facility. The Zoning Committee of the Piamring Commission conducted a public hearing on the petition an May 17, 2001. Staff presented a report recommending approval. The applicant was present to answer questions. No one spoke in support or opposition. At the close of the public hearing the committee voted 6-0 to recommend approval of the rezoning. The Planning Couunission upheld the Zoning Committee's recommendation foc agproval on a unanimous vote on May 25, 2001. This appeal is scheduled to be heard by the City Council on June 27, 2Q01. Please call me at 266-6639 if there are any questions. S' rely, ^ ` i Patricia James City Planner ` Attachtnents cc: File # O1-185-977 City Councilmembers o�-�s � � city of saint paul planning commission resolution fiie number o�-�o date May 25 zoo� • WHEREAS, New York Bingo Palace, LLC, File #01-185-977, has applied for a rezoning under the provisions of §64.400 and § 60.720 of the Saint Paul Legislative Code, for rezoning from P- 1 to B-3 to permit expansion of an existing building onio a parking lot and rezoning from ftT-2 to P-1 to provide parking for a new restaurant and bingo facility on property {ocated at 626 and 608 York Avenue; and WHEREAS, the Zoning Committee of the Planning Commission, on May 17, 2001, heid a pubiic hearing at which alt persons present were given an opportunity to be heard pursuant to said application in accordance with the requirements of §64.300 of the Saint Pau! Legislative Code; and WHEREAS, the 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: � 1. New York Bingo Palace LLC proposes to expand the existing building to the east onto a )ot currentiy zoned for parking. The new bui{ding wi{i be used for a bingo hall and Embers and Bridgeman's restaurant. The property at 6�8 York, next door to the existing parking lot, will be purchased and converted to an employee parking lot. 2. The redevelopment of the building for the new uses requires expansion of the buiiding onto the lot to the west, requiring a rezoning of that lot from P-1 to B-3, the zoning classification of the existing building. 3. 7he building expansion will efiminate 8 parking spaces. To replace the parking lost by the buiiding expansion, the applicant wiil purchase the lot directty west of the existing patking tot and create a separate employee only lot. Tnis requires rezoning thaf lot to P-1. The new lot will have 12 parking spaces. moved by Field seconded by i n favor Unanimous � against Zoning Fiie #01-185-977 Planning Commission Resotution Page 2 4. £64.400 of the zoning code allows an amendment to the zoning code to be initiafed by petition bf the owners of 67% of the area of the property to be rezoned. The rezoning petition musf be accompanied by the consent of 67% of the property owners within 900 feet of the property to be rezoned. The applicanf's pefition was determined to be sufficient as foilows: parcels eligibte = 42; parcets required = 28; parcels signed = 32. 5. The sife, on the corner of York and Payne, is a significant location in the Old Town Payne Avenue commercial disfrict. Old Town Payne Avenue is a coordinated effort to improve the historic commerciai core of Payne Avenue. The project has received significant public and private investment over the past three years. Pubtic funds, including a STAR loan and grant and a Livable Communities grant have been invested in improving tfie streetscape and stabifizing buildings in the area. 7he conversion of the Payne F2eliever adult entertainment venue into the New York Bingo Pa(ace is a major part of this revival effort. C� � 0 The proposed use is consistent witF� the Principies for City Development of the Land Use Plan, building on existing strengths and improving fhe mix of land uses in the area. The East Consolidated Plan, part of the comprehensive ptan, recommends strengthening businesses on Payne Avenue and creating parking at the rear of buildings. It also recommends strong landscaping buffers between parking areas and the adjoining residentiai areas. The proposed reuse is consistent with the way the area has developed and will not have an adverse impact on the surrounding area. In order to rezone property to P-1, the foliowing conditions must be met: A. The parking facilify shall be accessory to and for use in connection with one or � ci[if wi(lbe employee parking for the bingo and restauranEem lo ees m f th' d�' B. C. D. E. p y , ee mg is con dion. The parking facility sha!l notbe used during the hours when the principa! use rs not in operation. During sucli periods the parking facility shall 6e inaccessible for public use. The Embers restaurant wi(I be open 24 hrs. a day, making this condition moot. Should this situation change, the iof wiil need to be closed off. The parking facility shall be used solely for parking of prrvate passenger vehicles and sha/! not be used as an otf-street loading area. The site plan shows no loading area in the P-1 parking lot. !Vo commercial repair work or service of any kind, or sale or display thereof, shal! be conducted in such parki»� facilrty.-fihe applicaat.agrees to this oondition. No signs of any kind, other than signs designating entrances, exits and conditions of use, sha// be maintained on such parking facility. No signs are proposed for the lot. A sign designating the fot as empioyee parking only may be appropriate, as determined by site pian review staff. The BZA variance approval is conditioned on the !ot being designated for emptoyee parking, which can be � � � �1 �� 7 � � l� Zoning File #01-185-977 Planning Commission Resolution Page 3 10. 11 F G. H interpreted as requiring a sign to that effect. No building ofher than thaf for the shelter of attendants shaii be erected upon the premises unless specifica!!y approved by the planning administrator during site plan review. The site plan shows no buiiding proposed for the Iot. Applications fo� P-1 Dist�ctrezoning shall indude a site plan wifh conforms to a!! standa�ds set forfh in§ 62.104. The planning commission may grant mod�cations of § 62.104 based on frndings fhat such modification is consistent wifh the infenY of the code and wifh the reasonable enjoyment of adjacent properfy. No modifications appear needed at this time. Site Plan staff wi0 meet with the applicant on May16. Requests for modification can be brought to the Zoning Committee on the 17�' if necessary. P-1 VehicutarParking Disfricfs shall be developed and maintained in accordance with the requirements of §62. iO4. The Schedule of Regulations in §61.105 for the P-1 District requires a min+mum area of 4,OD0 sq. ft; a minimum width of 40 � ft., and minimum yards of 4 feet each for front, side, and rear. §62.104 regulates the layout and location of off-street parking facitities, inc{uding the necessity tor site plan review. The proposed parking lot meets the minimum width artd area requirements. A visuai screen will be requ+red alang the west and south propefty fines. The variances approved by the BZA on December 11 include the foltowing: 1. A variance of 38 parking spaces 2. A driveway with a zero setback from the residential district to the west. 3. A zero setback on the west and south sides, subject to the conditions that the parking lot at 608 York Avenue is designated for employee parking and that the two parcels at 608 York and 899 Payne are combined under a single property identification number and that the 608 York address is rezoned as a P-1 zone. In order to construct an addition to the building at 899 Payne Avenue and establish a new . parking lot at 608 York Avenue; and legally described as CHAS. WEIDE'S SUBDIVtSfON OF BLOCK 35 OF ARLINGTON HILLS ADD1710N TO ST_ PAUL LOT 8 SLK 35 & CHAS. WEIDE'S SUBDIVISION.OF BLOCK 35 OF ARLINGTON HILLS ADDITION TO ST. PAUL LOT 8 BLK 35; in accordance with the application for variance and the site ptan on file with the zoning Administrator. While the variances for the parking lot were approved prior to the appiication for rezoning, it appears that the site plans are the same and that the variances are consistent with what the Planning Commission wouid need to approve for the rezoning to occur. The one condition for the variance that would not be consistent is that the parcels be combined under a singfe property identification number, since this woutd create split zoning for the property. A better approach would be for the properties at 899 Payne and 624 York to be combined under a single P1N after the rezoning of 624 York to B-3 +s finai and that the properties at 618, 612, and 608 York be combined under a second P!N after 608 is rezoned to P-1. In this way the S-3 propeRies would have one tax description and the parking iots zoned P-1 would also have only one description. Section 60.734 (7) of the Zoning Code states: "Applications for P-1 District rezoning Zoning File #01-185-977 P(anning Commission Resolution Page 4 shall include a site plan with conforms to all standards sef forth in section 62.704. The planning commission may grant modifications of section 62.104 based on findings that such mbdification is consistent with the intent of the code and with the reasona6fe enjoyment of adjacent property." The site plan with the variances approved by the board of zoning appeals is consistent with the intent of the code to provide off-street parking that serves a use district which has developed without adequafe off-street parking. Restricting the lot to emptoyee parking only reduces tfie traffic and other impact the lot wili have on adjacent property, making the modifications consistent wifh the reasonable enjoyment of the adjacent properties. � IJOW, THEREFOf2E, BE IT RESOLVED, that fhe Sainf Pauf PJanning Commission recommends to the City Councii that the petition of New York Bingo Patace, LLC for a rezoning of 626 York Avenue, legaily described as Lot 4, Block 35 Chas. Weide's Subdivision of Biock 35 of Arlington Hills Addition to St. Paul from P-1 to B-3, and 608 York Avenue, legaily described as lot 8, Block 35 Chas. Weide's Subdivision of Biock 35 of Arlington Hills Addition to 5t. Paul from RT-2 to P-1, for expansion of an existing building onto a parking lot and to provide parking for a new restaurant and bingo facilify be approved. � �— L_— �1-75� �J � � i. 2. ZONING COMMITTEE STAFF REPORT REVISED FILE # 01-I85-977 APPLICANT: I3ew York Bingo Palace, LI,C HEARING DATE: OS-17-01 TYPE OF APPLICAITON: Rezoning 3. LOCATION: Parcel l: 626 York Avenue; Pazcel 2: 608 York Avenue 4. LEGAL DESCRIP7TON: Parcel 1: Lot 4, Block 35 Chas. Weide's Subdivision of Block 35 of Arlington Hills Addition to St. Paul; Parcel2: Lot 8, Block 35 C6as. Weide's Subdivision of Block 35 of Arlington Hills Addition to St. Paul 5. PLANNING DISTRICT: PRESENT ZONING: P-1; RT-2 6. ZONIlVG CODE REFERENCE: §64.400 §60.430 § 60.560; §60.720 STAFF REPORT AATE: OS-08-01; Revised 5-16-Oi 8. DATE IiECEIVED: Petition accepted: 04-04-01 BY: Patricia James DEADLINE FOR ACTION: 06-04-01 A. PiJRPOSE: Rezone properiy at 626 York Avenue from P-1 Pazking to B-3 Business to allow expansion of existing building onto the parking lot. Rezone property at 6D8 York from RT-2 IZesidential to P-1 Pazking to provide parking for new restaurant and bingo facility � C. PARCEL SIZE: Parcel 1: 40 ft. (York) x 125 ft. = 5,000 sq. ft. Parce] 2: 40 ft. (York) x 125 ft. = 5,000 sq. ft. EXISTING LAND USE: Parcel 1: parking ]ot; Pazce12: vacant lot D. SURROUNDING LAND USE: North: residential (RT-2} West: residential (RT-2) South: residential (RT-2) _East: business (B-3) E. ZOIVING CODE CITATION: §64.A00 regulates changes to the zoning code•, §60.430 describes uses permitted in the RT-2 zoning district; § 60.56Q desctibes uses permitted in the B-3 zoning district; §60.720 describes the requirements for the P-1 zoning district F. HISTORYlDISCUSSION: The site is the former location of the Payne Reliever night cVub. The property was purchased and the former use closed in December, 1999. On December 11, 2000, the Board of Zoning Appeals approved a number of variances related to this project (Fite # 00-149923) G. DISTRICT COiJNCIL L2ECOMD'�NDATION: The District 5 Council had not commented at the time this staff report was written. Zoning File # 01-085-977 page Z H. F7NDINGS: 1. New York Bingo Palace LLC proposes to eacpand the existing building to the east onto a lot current[y zoned for pazkin$. The new building will be used for a bingo hall and Embers and Bridgeman's restaurant. The property at 608 York, next door to the existing parking lot, wili be purchased and converted to aa employee parking (ot. 2. The redevelopment of the building for the ne�v uses requires expansion of the building onto the lot to the west, requiring a rezoning of that lot from P-1 to B-3, the zoning ciassification of the existing building. 3. The building expansion will eliminaYe 8 pazking spaces. To replace Yhe parking losY by the building expansion, the applicant will purchase the lot direct[y west of the e�cisting pazking (ot and create a separate employee only lot. This requires rezoning that iot to P- 1. 'I`he new lot wiil have 12 pazking spaces. 4. §64.400 of the zoning code allows an amendment to the zoning code to be initiated by petition of the owners of 67% of the area of the properly to 6e re2oned. The rezoning petition must be accompanied by the consent of 67% of the property owners within 100 feet of the properiy to be rezoned. The applicanYs petition was determined to be sufftcient as follows: parcels eligible = 42; parcels required = 28; pazcels sigaed = 32. ` J 5. The site, on the corner of York and Payne, is a signi£cant location in the Old Town � Payne Avenue commercia] district. Old Town Payne Avenue is a coordinated effort to improve the historic commerciai core of Payne Avenue. The project has received significant pub(ic and private investment over the past three years. Public funds, including a STAR loan and grant and a Livabte Communities grant have been invested in improving the streetscape and stabilizing buildings in the area. The coaversion of the Payne Reliever adult entertainment venue into the New York Bingo Palace is a major part of this revival effort. The proposed use is consistent with the Principles for City Development of the Land Use Ptan buildmg on ext n tne mtx of land uses in the area. The East Consolidated Plan, part of the comprehensive plan, recommends strengthening businesses on Payne Avenue and creating pazking at the reaz of bui[dings. It also recommends strong [andscaping buffers between pazking areas and the adjoining residential areas. 8. The proposed reuse is consistent svith the way the area has developed and will not have an adverse impact on the surrounding area. _. 9. In order to rezone property to P-1, the following conditions must be met: A. The parking facility shall be accessory to and far use in connectian with ane or more businesses.... The facility wiil be employee parking for the bingo and restaurant employees, meeting this conditiott, B. The parking facilily shall not be used during the hours tivhen the principa[ use is not in � operation. During such periods the parking facility shall be inaccessible for public use. The Embers restaurant will be open 24 hrs. a day, making this condition moot. Should Dl `7 5 7 � � � Zoning File # O 1-a85-977 page 3 C. D. E. G. H. 10. this situation change, the lot will need to be closed off. 1�ie parkingfaciliry sha11 be used solely for parking of private passenger vehicles and shall no[ be used as an off-street Zoading area. The site plan shows no loading area in the P-1 parking lot. No commercial repair work or service of arzy kind, or sale or display thereof, shalt be conducted in such parking facitity. The applicant agrees to this condition. No signs of any kind, other than signs designating entrances, exits and conditions of use, shatt be maintained on such parkingfacility. No signs are proposed for the lot. A sign designating the ]ot as employee pazking only may be appropriate, as determined by site plan review staff: The BZA variance approval is conditioned on the lot being designated for employee parking, which can be interpreted as requiring a sign to that effect. No building other than that for the shelter of atteridants shalt be erected upon the premises unless specifica7ly approved by the ptanning adn:inistrator during site plan review. The site plan shows no building proposed for the lot. Applications for P-1 District rezoning shall include a site plan with conforms to all standards set forth in� 62.104. The planning commission may grant modi�cations of,¢ 62.104 based on fndings that such modifzcation is consistent with the intent of the code and with the reasonable enjoyment of adjacent property. No modifications appear needed at this time. Site Plan staff will meet �vith the applicant on Maylb. Requests for modification can be broughi to the Zoning Committee on the 17�' if necessary. P-I Vehicular Parking Districts shall be deve(oped ancl maintained in accordance with the requirements of §62.104. The Schedule of Regulations in §61.105 for the P-1 District requires a minimum azea of 4,000 sq. ft; a minimum width of 40 ft., and minimum yards of 4 feet each for front, side, and rear. §62.104 regulates the layout and location of off- street parking facilities, including the necessity fpr site plan review. The proposed parking lot meets the minimum width and area requirements. A visual screen will be required aiong the west and south property lines. The variances approved by the BZA on December 11 include the following: I. A variance of 38 parking spaces 2. A driveway with a zero setback from the residential district to the west. 3. A zero setback on the west and south sides, subject to the conditions that the parking lot at 608 York Avenue is designated for employee parkin$ and that the two pazcels at 608 York and 899 Payne are combined under a single property identification number and that the 608 York address is rezoned as a P-1 zone. In order to construct an addition to the buiiding at 899 Payne Avenue and establish a new pazking lot at 608 York Avenue; and legally described as CHAS. WEIDE'S SUBDIVISION OF BLOCK 35 OF ARLINGTON HILLS ADDITION TO ST. PAUL LOT 8 BLK 35 & CF3AS. WEIDE'S SUBDIVISION OF BLOCK 35 OF ARLINGTON HILLS ADDITION TO ST. PAi3L LOT 8 BLK 35; in accordance with the application for variance and the site plan on file with the zoning Administrator. While the variances for the parking lot were approved prior to the application for rezoning, it appears that the site pians are the same and that the variances are consistent with what the PSanning Cammission would need to approve for the rezoning to occur. The one condition for the variance that would not be consistent is that the parcels be combined under a single property identification number, since this �vould create split zoning for the property. A better approach ��•ouid be for the properties at 894 Payne and 624 York to be combined under a single PIN afrer the rezoning of 624 York to B-3 is final and that the properties at 618, 612, and 608 York be combined under a second PTN Zoning File # O1-085-977 page 4 � , after 608 is rezoned to P-1. In this way the B-3 properties would have one tas description and the pazking lots zoned P-1 would also have only one description. STAFF RECOMMENDATION: Based on findings 1 through 10, staff recommends approval ofthe rezoning of properly at 626 York Avenue from P-1 Parking to B-3 Business to allow expansion of the existing building onto the parking lot and rezoning property at 608 York from RT-2 Residenfial to P-1 Parking to provide employee pazking for the new restaurant and bingo facility. ` � r� L_— 0�� MINUTES OF THE ZQNING COMMITTEE Thursday, May 17, 2001 - 3:30 p.m. City Councii Chambers, 3` Floor City HaN and Court House 15 West Keflogg Boulevard PRESENT: EXCUSED: OSHERS PRESENT: Alton, Fietd, Gordon, Kramer, Mejia, and Morton Anfang, and �aricy Peter Warner Carol Martineau, Ailan Torstenson, Patricia James of PED The meeting was chaired by Commissioner Field. � New York Bingo Palace LLG - 01-185- 977 - Rezoning firom P-1 Parking to B-3 Business to allow expansion of ex+sting building onto the parking lot, and re2oning from fiT-2 Residential to P-1 Parking to provide parking for a new restaurant and bingo facility. 899 Payne Avenue, SW corner York and Payne. Patricia James presented a revised staff report. Ms. James stated there was a meeting with the Site Plan Review staff on May 16, 2001, and they ciarified that a screening fence along the south and west side of the parking lot against the aliey would need to be installed to buRer the house next door. She atso stated the Board of Appeals required that the new parking lot be combined with the same property identification number with the property at the Payne Reiiever site and since that would result in sp4it zoning on the same tax parcel the Zoning Code does not permit that. The recommendation of Zoning Staff is that the proposed parking lot be joined with the other parking lot that is zoned P-1. The Zoning Staff recommends approval of the rezoning. At the question of Commissioner Gordon, Ms. James stated that ihe Zoning Code would require 56 parking spaces, by reconfiguring the existing parking tot, six spaces would be gained and 12 new parking spaces gained at 608 York. The shortfafi of 38 parking spaces is resolved because of the variance ihat was granted from the Board of Zoning Appeals in December. 7he applicant, Mr. Mark Frisch, appeared and stated he had nothing further to add. No one spoked in support or opposition. The pubfic hearing was c{osed. Commissioner Kramer moved approval of the rezoning. Gommissioner Gordon seconded it. Commiss+oner Kramer made the observaiion that even if the recommendation of the BZA was foilowed combining the two properties, the zoning code doesn't allow a property to be created with split zoning. At the question of Commissioner Field, Ms. James stated you can't appfy for rezoning to the P-1 District without a site plan, and the Planning Commission can put conditions and variances on the site plan in conjunction with the rezoning. The approval of the site plan is being conditioned, not the rezoning. Mr. ANan Torstenson explained that Paragraph 7 under required conditions under P-1 nates that appiications for P-1 Zoning shall include a site ptan which conforms to ail standards set forth in Zorting Com+nittee Minutes May 17, 2001 File #: 01-185-977 Page 2 Section 62.104. The Planning Commiss+on may grant modifications of 5ection 82.t04 based on findings that such modifications are consistent with the intent of the code which can be handled as part of the review of the rezoning. The motion passed with a vote of 6-0. Adopted Yeas - 6 Nays - 0 Drafted by: C`.Q.t.P��d7Z��rGCtv��c.��,CI Caro! Martineau Recording Secretary Submitted by: Patricia James Zoning Section Approved by: Litton Fieid Chair C� � � � ; �Mi u� �� PETITtON TO AMEND THE ZON{NG CODE Department ojPlanning and Ecanomic Development Zoning Section 1100 Ciry Ha11 Annex 25 Wen Founh Street Saixt Paul, M1V 53102 266-6589 APPLICANT PROPERTY LOCATtON PrOperty QWnef �ersld E. Frisch for New York Binao Palace LLC Address �cn c*,, f ��h c,-..e + City sr Paul St.�3N Zip 551 6 Daytime phone (651) 690-159 Contact person (�f different) Address/Location Parcel I: 899 Payne Ave; Parcel II: 6�$ York St. legal description See attached. additional sheei H necessary) TO THE HONORABLE MAYOR AND CtTY GOUNCIL: Pursuant to Section 64.400 of the Saint Paul 2oning Ordinance and to Section 462.357(5) of Minnesota Statues, New York Bingo Falace LLC , the owner of all the fand proposed for rezoning, hereby petitions you to rezone the above described property from a p�rc �� zoning district to a A� zoni�g district, for the purpose of; xpanding the existing building on to the par�ing lot to accommodate a restaurant and bingo facility at the former Payne �eliever site. The expansion of the building on to the parkina lot is required to accomnodate security, deliveries, and to provide adequate anen��@� o£ the bingo hall and restaurant; and Parcel II: R1 Zoning Distr%ct to 2 P1 Zonin� District, for the �urpose of providing additior_al p�r:;ing to replace a portion of par:cin� lost on Parcel I— to be designated as "Employee Par:cing" for eaployees and service p�rsonnel working at Bingo Hall and Restaurant. - Svote: St. Paul City Council sitting as NKA has slready approved project on October 11, 2000, by granting financing for expansion of building from originzl 10,0 square feet to 13,200 square feet by Resolution P;o. 2000-10-11— (af#ach additional sheet(sJ �f necessary) Attachments: Required site pian � Cortsent petftion I] A�davit �_ Subscribed and swom to before me this 3 r7" day . � •�- �a� ��t . _ .��_-�, ,;.�.� • �-- j� . a:. �'�:�° � .�,. New By: LLC owner of property Gerald E. 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'4�' � + ' _: � � L t - � - ! :_ I - I :� � .s. � ° J � ol- � 57 I � n+nx�.__. \ I 3 i � . � S I � I � � H I �O � J I -- �i � 4 U V 0 , _ � �i i � � � � I � � � O �� ¢� I U¢ � K�r � � � _ � i � w ; ; O " � I � �a I ¢i { � V�. � � I QU. _ � �; S , R pG I OZ (] ' { O� � �~~ h � P3`C C 1 � V 1 i V ` � 1 I G ' 2 V I � Za G i V � �w w I � �� { � W O �O 6 I ZJ NJ � 00 W�i � I 'OV 3.8t.9a.00N + � ' _ � �� : iiT � I ��+ { ' 1 Z � Za ' �E l W % � I KK � 0 p 0 O� O U0. `S� oz �< r� WN r2 20 7 6O U Or 0 WC y Z LL �O O J Q i 2 K O U O K �O o� 4 � �O ZU U'� V O� �3 Z O w U O Y/1 N gW a� r �: �: _�� ; �i � o: � c'� V F SQ N (� K Q � W� J 60 O < O� 6< Ni W 5( .. . . t �- • � � L._ J � _ __ . , �,�: : �:� CI'TY O�' SA.IllTT FAUL BOAl2D OF Z(?NZI\G APPEALS I2.ESOLUTi01� ZONTNG FILE NUMB�R # 00-149923 DATE: December 11, 2000 �1�7�� WFTEREAS, Gerald Frisch, Ne�v York Bin�o LLC has applied for a variance from the strict application of the pirovisions of Section 61.101 & 62.103 of fhe Saint Paul Le�islati��e Code pertaining to ihe construction of an addition to the Uuilding at 899 Payne A��e�iue and establish a netiv parkiy7� lot at 608 York Avenue in the RT-1, B-2 zonin� district at 899 Payne Avenue & 60S York Avenue; and �'IIEI2EAS, the Saint Paul Board of Zoning Appeals conducted a public hearing on December 11, 2000 pursuant to said appeal in accordance �vith the requirements of Section 64.205 of the Legislative Code•, and WHEREAS, the Saint Paul Board of Zoning Appeals based upon evidencz presented at the puUlic l�earing, as substantially reflected in the ininutes, made the follo«�ing findings of fact: 1. The property zn questia� cani7ot be put to a r'easor�nble i�se tneder tne strict provisions of tlre code. The applicant is proposin� to construct a 3,200 square foot addition to the rear of the existing building to accommodate the ne�v bingo hall and restauran:: ln conjunction with this �ddition, the applicant has petitioned to rezone the property at 60S �'ork Avenue to a P-1 zonin� district in order to develop additional parking on the sitz. Tlie proposed additSon requires 56 parkin� spaces. B}� reconfigurivg the existing parkin� lot, the applicant �vill gain 6 netiF� spaces. Tl�e proposed new parkin� lot a: 60S York �vill provSde 12 new spaces, lea��ing a shortfall of 3S parking spaces. The changa in �levation beriveen the lot at 608 York and the existing parkin� lot requires that the ne« lot fias a separate enirance. The netiv lot is only AO feet wide and in order to meet th: design standards for off-street parkin� facilities, a setback variance is required. 3. The plight of the land oivner is due to circtmtstances zmique to this property, ar�d these circumstances ivere not cr by the land orvr:er. The limited lot size and the difference in elevation between the tn'o parcels are circumstances that �vere not created by the applicant. The pr variances are in heepi��g with the spirit ar�d iliteril of the cocle, arzd are co�tsistei:t tivitlt tlte healtlr, safety, co}r fort, mornls ancl z,.=elfar of the ir:laabitants of the Cit}' of St. Paut. The rehaUilitatian and reuse of this commercial building rvith a vizblz, attractive business, pa�t 1 0` d File # QO-149923 Resolution � will contribute to the renaissance of the Payne Avenue Business District. 'Pl�e appIicant has also been working with the City Planning Staff on the acquisition and development of the property on the northwest carner of Yark and Payne as a pubiic parking lot. These t�vo projects will complinlent each othet and attracf new business to the area. 4, Tlie prroposerl variance will not irnpair an aclequate supply of lighr and air to arjacerrt propert��, fior will it alter ihe esse�ttial character of the surrour:tlir2g a��ea or zuireresonably dimirtish estc�blis7red property values wilhirt t)re sun aren. Tlie proposed Uuilding addition �vill maintain the same side yard sztbacks as the existin� Uuildin�. The ne�v parking lot has been designed with the parkin� spaces located on ihe opposite side of the lot from the adjacent residential property. If the parking spaces in the new lower lot are reserved for employee parking, �vhich would limit the amount of traffic in and out of the lot, the requested sefUack variances should have a minimal effect on the neighboring property. The proposed bingo hall and`resfaurant are similar to the previous bar and restam�ant located on this site, in that they both require the same amotuit of off-street parking. The applicanf will be providin� 1 S netiv pad:ing spaces and when Uie ne�c public parkin� lot is deveioped acrass the street, it �vill help alleviate any remainin� parkin� shortfall for the new business. Cttnently the parcel at 60S Xork and Uiepazcel at 899 Payne are separatel}� � described parcels, each witl� its olvn property identification number. Since the lot at 60S Yorb: �vill be providin� required parking for fhe lof at 899 Payne A� znue, the t�vo lots should Ue combined under one legal description and a single prop�rty identi£cation number. This ��ould simpiify record keepin� and ensure that reqiiirzd parkin� is not lost. S. The t�ai if grarrterl, ivot�id not pern:it arry :rse thret is not pe1-mitted iirtder tlie - provisions of zhe corle for the propert�� in the rtistr lvhere the c fj2cted lar�d is located, nor ----- }votrld it-alteror-chmrgetl�ezoning-clistr-ictLlassificatiot�-nf_the�ropecty.—____ —_ -- A Uingo hall and arestaurant are pemu ''- - �na district. Provided that the lot at 608 York Avenue is rezp,aed to a P-1 zoning district, the ne�� parkin� ot wou ' also be a permitted use, and the requested variances would not chan�e or alter the zoning classification of either lot. 6. The reguest for variarice is not based primarily on a desir to increase the value or income pote�ttial of the par-cef of Iand. . The applicant states t�iat his.primary,desire is to redevelop this site ��•ith a viable business that �vili contribute ta the renaissance of the Payne Avemie btrsinzss district. � i`'OtV, THEREFORE, BE IT RESOLVED, by the Saint Paul Board oi Zoning Appeais that the provisions of Section 61.101 cX: 62.103 are hereby �vai��ed fo allo�v I). A��ariance of 38 parkin� Pa�c 2 of 4 � dl-�5� � File # d0-149923 Resolution spaces. 2). A drivetivay with a zero setUack from ihe residential district to the west. 3). A zero setback on the tivest and south sides, snbject to the conditions that the parl:ing lot at 608 Xork Avenue is designated foz employee parking and that the rivo parcels at 60S York and 899 Payne are combined under a single property identification number and that the 608 �'ork address is re- zoned as a P-1 zone. In order to constnict an addition to fhe building at 899 Payne Avemie and establish a ne�v parking lot at 60S Xork Avenu� on property located at 899 Payne Avenue �, 608 York Avenue; and le�ally described as CHAS. WEIDE'S SUBUIVISIO\' OF BLOCK 35 OP ARLINGTON HILLS ADDITIOI� TO ST. PAUL I�OT 8 BLK 35 & CHAS. WEiDE'S SUBDI�'ISION OF I3LOCFC 35 OF ARLINGTON HILLS ADDITIOi�T TO ST. PAUL LOT 8 BLIi 35; in accordance ti��ith the application for variance and the site plan on file with the Zonii�� Administrator. MOVED $Y: bu��.staa SECONA�D BI': ��;�SO�1 II\T 1��'OR.: 7 AGr�.II\TST: a � I11AIL�D: December 13, 2000 TI�7E LT�IIT l�o order of tlie 73oard of Zonina Appeals permittin� the erectian or alteration of n building or off-street parl;ing tacilit}� shall be calid for a period longer than otie }'ear, unless a buiiding permit for such erectimi or aiteration -- - ----- - -- - — _- - � is obtairied rnthin sucli perio� and such ere`ct9on or alferation is procee mg pursuant fo the terms of such permit. The Board of Zonina Appcals or the City Councit may grant an extension not to exceed one ti�ear. In granting such extensimi, the?3oard of Zoning Appeals ruay decide to hold a public hearing. APPEAL Aecisions of the Board of Zoning Appeals are £nal subject to appea] to the Cit}• Councii Friftiin 15 days by an} one affected b�• ffie decision. Buildina permits shall not be issued after an appeal has been fiied. If permits have been issued before an appeal has been 2'iled then the permits are suspended and wnstruction shall cease until the City Council has made a final determination ofthe appeal. CEPTIFICATIO\: I, the undersigned Secretary to the Board of Zoning Appeals for the Cit}' of Saint Paul, n�innesota, do hereUy certify that I hati e compared the foregoing copy ft�ith the original record in my oftice; and find the same to be a frue and i ?a�e 3 oi 4 ._ . r , File #} 00-549923 � Resolu[ion correcf copy of said origival uul of ttte F��lcole thereof, as based on approti�ed minutes of the Saint Paul Board of Zoning Appcals meeting hcld on December 11, 2000 aud on recorcl in the Office of License Inspection and Envir'onmentat Protection, 35� St. Yefer Strect, Sainf Paul, Minnesota. SAIl�IT PALJL 140ARD Ok' ZONING APPEALS � �.t�� - '�l�iir�--r�� Debbie Crippen Seeretary to tt�e Board a � Page 4 oI 4 � �!-�5�7 � CITIZEN PAR ICIPATIO DIS RIC 5 1.SUHRAY-BATTLECREEK-HIGHWOOD 2.GREATER EASi SIDE 3.WEST SIDE ' BLUFf 5. AYN - LEN � N END 7.THOMAS-DALE S.SUMMI7-tSNIVERSITY 9.WEST SEVENTH 1�.COMO , 11.HAMLINE-MIDWAY 12.ST. 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