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01-1291Council File # �q� �"` � °"' � . ? ' �.a f t_ s � ;? + � . 'F : *.e ; i 't; ; > .v Presented By Referred To Ordinance # committee: llate 1 An ordinance amending Chapter 60 of the Saint Paul Legislafive Code pertaining to zoning for the City of 2 Saint Paul and the zoning maps thereo£ 0 6 7 10 11 12 13 14 15 WHEREAS, Pursuant to Minnesota Statutes {462357 and 64.400 of the Legislative Code, Mike Leimer duly petitioned to rezone property at 959 Randolph being legally described as PIN 11-28-23-24-0202, Lot 21, Block 12, Michel and Robertson's Addition, from RM-2 (multiple family) to B-3 (general business) to allow for the expansion of Leitner's Garden Center pazking lot, the petition having been certified by the Planuing Division on 06/OS/O1 as having been consented to by at least 67% of the owners of the area of the properiy to be rezoned, and further having been consented to by at least two-thirds of the owners of the property situated within 100 feet of the total contiguous property within one year proceeding the date of the petition; and WHEREAS, The Zoning Committee of the Planning Commission on 10/11/Ol, held a public hearing for the purpose of considering the rezoning petifion, and pursuant to { 107.03 of the Administrative Code, submitted its recommendation to the Planning Commission that the petition be granted; and 16 WHEREAS, The Planning Commission considered the rezoning petition at its meeting held on 10/19/O1 and 17 recommended that the City Council approve the petition; and 18 19 20 21 22 23 24 25 26 27 28 29 30 WHEREAS, notice of public hearing before the City Council on the said rezoning petirion was duly published in the official newspaper of the City on 11 /02/O l and notices were duly mailed to each owner of affected property and property situated wholly or partly within 350 feet of the property sought to be rezoned; and WHEREAS, a public hearing before the City Council having been conducted on 11/14/Ol, where all interested parties were heard, the Council having considered all the facts and recommendations concerning the petition; now, therefore THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: Section 1. 31 32 That the zoning map of the City of Saint Paul, Sheet Number 37, as incorporated by reference in {60301 of 33 the Saint Paul Legislative Code, as amended, is hereby fiirther amended as follows: 34 35 That property located at 959 Randolph being more particularly described as: 36 37 PIN 11-28-23-24-0202, Lot 21, Block 12, Michel and Robertson's Addition 38 �'l�k;?�H_� 39 be and is hereby rezoned from RM-2 to B-3. �17� 40 41 42 43 44 Section 2. D� -liq� This ordinance sha11 take effect and be in force thirry (30) days from and after its passage, approval and publication. �� ,., � a ' `,��,� q � € 4�� i 3�s a a 4._ � 0 � Adopted by Council: Date R ��2,. 2QQ,�, V Adoption Certified by Council Secretary By' Appr By: Aequested by Department of: Plannin & E onomic Develo ment By: Form Ap�p by City Attorney By: W�iM^�. zapproved byrtayor for S mision to Council By: ��.i".3u>. � ?,, 1. � i .� .. DEPARTTIENT/OFFICE/COUNCIL: I DATE INITIATED I GREEN SHEET No.:113132 � PED 19 Nov. 2001 Q�-1�.1\ COYCACT PERSO\ & PHONE: 7NITIAL/DATE IYIT[AL/DATE Joel Spoonheim CQ� f� � Z DEPARTMENT DIR. � i CITY COUNCIL MOST BE 0�.�' COLICIL AGENDA BY (DATE) �� NUMBER _3 CiTY ATTORNEY (.l -tl -� � R� _ CITY CLERK FOR FINANCIAL SERV DIR. _ FINANCIAL SERV/ACCTG ROII'1"ING 4 MAYOR (OR A T.) _ CIVIL SERVICE COMIvIISSION_ ORDER 1 Sean Kershaw TOTAL # OF SiGNAT[JRE PAGES _ 1_(CLIP ALL LOCATIONS FOR ACCIOV REQL'ESTED: of rezoning ordinance RECOMMENDATIONS: Approve (A) or Reject (R) _A PLANNING COMMISSION CIB COMMITTEE __. _ _..__ CN[L SERVICE COMMISSION PERSONAL SER�"ICE CONTRACTS MliSTA:\'SWER THE FOLLOWING QUESTIONS: ]. Haz this person/fi[m ever wor}:ed under a contract for this deparVnent? Yes No 2. Has this person/firm ever been a city employee? Yes No 3. Does this person/ficm possess a sAill no[ nortnally possessed by any cucrent ciTy employee� Yes No Explain all yes answers on separate sheet and attach to green shee[ INITIATING PROBLEM, ISSUE, OPPORTONITY (Who, What, When, Where, Why)� - Adopt an ordinance to finatize council approval of a petition of Mike Leitner to rezone property at 959 Randolph from RM-2 to B-3 (public hearing held 11/02lO1) . ADVANTAGESIFAPPROVED: Expands the parking lot of Leitner's Garden Center in ord to reduce traffic congestion. DISADVAVTAGESIFAPPROVED: none �CE110ED NOV20P00� DISADVA,�'TAGESIFNOTAPPROVED. -- ° The business and neighbors agree that not approving the rezoning will continue unnecessary congestion in the neighborhood. TOTAL AIDfOUNT OF TRANSACTION: SO FUYDING SOURCE: FINANCIAL INFORMATION: (EXPLAIV) COS77REVENUE BUDGETED: ACTIVITY NUMBER: ��u.�`.�; 3 v�;l��c�" �., �M � � �� <. e.. . q�'s� DEPARTMENT OFPLANNING & ECONOMIC DEVELOPMENT CTTY OF SAINT PAUL Norm Coleman, Mayor November 1, 2001 Ms. Nancy Anderson City Council Research Office Room 310 City Hall Saint Paul, Minnesota 55102 Dear Ms. Anderson: Division of Plmuiing 25 West Fourth Street Saira Pau[, MN 55102 O 1 � 1�y� 3'1 Telephane: 672-26G6565 Facsimile.� 612-228-3314 I wouid like to confirm that a public heazing before the City Council is scheduled for Wednesday November 14, 2001, for the following zoning case: Applicant: Mike Leitner File Number: #01-222-995 Purpose: Rezone property from RM-2 (Multiple Family) to B-3 (General Business) to allow expansion of Leitner's Gazden Center parking lot. Address: 959 Randolph (beriveen Milton and Chatsworth) Legal Description of Property: PIN 11-28-23-24-0202, Lot 21, Block 12, Michel and Robertson's Addition Previous Action: Zoning Committee Recommendation: Approval; unanimous vote; October 11, 2001 Planning Commission Decision: Approval; unanimous vote; Octboer 19, 2001 My understanding is that this public heazing request wili appear on the agenda for the November 14, 2001 City Council meeting and that you wiil publish notice of the heazing in the Saint Paul Legal Ledger. Please note, this hearing will occur at the conclusion of regular business of the Ciry Council, not at the standard public hearing time. Please call me at 266-6614 if you have any questions. Sincerely, � � S Joel Spoonheim CiTy Planner cc: File #01-222-995 Cazole Martineau Paul Dubruiel Wendy Lane Larty Soderholm � •— 81 PAIILIEGdtiLW88R _ _ � �21139$1�_ — — — , ; _ _ �, � � �FII2STRUN� . ' , �� . NOTiCE OF PUBLIC HF.ARINQ , . 1he Saint Papl 4Ytp Councff wlll con- "�-duct a publlc hearing on Wednesday, � November 14, 2001,�at 3:30 p:m. In Wq City �Coundl Cbambers, Third Floor C[ty ', , Ha11-Courthouse,. lb West 'Rellogg Houlevazd, SafntPatil. MN. to coasider the = aPPflcatlon of Mike Ldtnet to rezone prop- . �eriy from RM-2 (Mulriple Famlly). to B-3 �[Generat Business) to altow eapanatdn of � Leihier's Gazden Center parldng lot at 959 Randolph Avenue (between Milton and ,� Chatsworth Streets). � - - Dated: November 2 E001 . " � NANCYANDERSON.--� . �- A4stefent Clty Coundl Sec4eta�.y. .. . . � . INwmtv� � - , DEPARTMEN'f OF PLANNING & ECONOMIC DEVELOPMENI' Brian Sweeney, Direcfor 0 � - CTTY OF SAIIVT PAUL Norm Co[emam, Mayar � • November 2, 2001 Ms. Nancy Anderson Secretary to the City Council Room 310 City Hall Saint Paul, Minnesota 55102 Re: Zoning File #O1-222-995 Applicant: Mike Leitner 25 West Fovrtk Street Telephone: 65/-266-6655 SaintPavl,MN5i102 Facsimile:6�1-228-3314 City Council Hearing: November 14, 2001, 330 p.m, City Council Chambers Purpose: Rezone property at 959 Randolph (behveen Milton and Chatsworth) from RM-2 (Multiple Fami(y) to B-3 (General Business) to allow expansion of Leimer's Garden Center parking lot. Zoning Committee Recommendation: Approval; unanimous vote; October I 1, 2001 Planning Commission Decision: Approval; unanimous vote; Octboer 19, 2001 Staff Recommendation: Approve. District Coucil: The Fort Road Federation (District 9) is not taking a position due to the neighbors' support. Legal Description of Property: PIN 11-28-23-24-0202, Lot 21, Block 12, Michel and RobeRSOn's Addition Dear Ms. Anderson: This rezoning application is scheduled to be heard by the CiTy Council on November I, 2000. Please notify me (266-6614) if any member of the City Council wishes to have stides of the site presented at the public hearing. Sin rel / C � \ \� l Joel Spoonheith City Planner cc City Council members H\SharedU'ed�Spoonhei�Zonino Cases\959 Randoif Leimers\rezoning-CC Nancy anderson memo?.wpd C� � -►r�� • � � file number ol-90 c'rty of saint paul planning commission resolution date October 19> 2001 WHEREAS, Mike Leitner, File #01-222-995, has applied under the provisions of §64.400 of the Saint Paui Legislative Code, to rezone property �ocated at 959 RAfVDOLPH (between M+iton and Chatsworth) (PIN # 11-28-23-24-020 legaliy described as Lot 21, Block 12, Michei and Robertson's Addition, in Ramsey County, from RM-2 to B-3 to allow the expansion of Leitner's Garden Center parking lot; and WHEREAS, the Zoning Committee of the Pianning Commission, on October 11, 2001, held a public hearing at which all persons present were given an opportunity to be , heard pursuant to said application in accordance with the requirements of §64.300 of the Saint Paul Legislative Code; and WHEREAS, the Saint Paul Planning Commission, based on the evidence presented to its Zoning Committee at the public hearing as substantially reflacted in the minutes, made the following findings of fact: 1. The property at 959 Randolph is located in a RM-2 district, adjacent to a B-3 zone, It is currently a house. The applicant acquired the site because it is adjacent to the existing business. Additional parking lot and storage space is necessary to better serve and more safely serve customers. Additionai parking will also reduce on-street parking in front of neighboring houses. 2. The property was built by the Leitner family in the late 1800's. It was sold to the most recent owner in 1958. Due to soil conditions, and the owner's failure to rebuild the foundation, the building has decayed to unsafe conditions. 3. The proposed zoning is compatible and consistent with the development proposed for the site and with the adjacent B-3 zoning and commercial land. use. 4. The use is not inconsistent with the provisions of the comprehensive pian. 5. The code provides that an application for rezoning must be accompanied by a moved by Field seconded by in favor Unanimous against Zoning File #01-222-995 Planning Commission Resolution Page: 2 consent petition of the owners of two thirds of the properties within 100 feet of the property to be rezoned_ Twenty signatures were required. Twenty-one were received. 6. Under the authority of Section 64.300(b) of the Zoning Code and in conformance with Pianning Commission Resolution 84-23 delegating authority for the approval of special condition use permits to the Planning Administrator in all cases where public hearings have been held in which the Commission has recommended and the City Council approved a rezoning specifically for a"Special Condition Use," the application for a Special Condition Use Permit for expansion of the Leitner's Garden center parking lot and outdoor storage of bagged products will be approved by the Planning Administrator once the rezoning is approved by City • Council. � NOW, THEREFORE, BE IT RESOLVED, by the Saint Paui Planning Commission, that the application of Mike Leitner to rezone property at 959 RANDOLPH (between Milton and Chatsworth) (PIN # 11-28-23-24-0202), legaily described as Lot 21, Biock 12, Michel and Robertson's Addition, Saint Paul, Ramsey County, from RM-2 to B-3 is � consistent with the Comprehensive Plan for the City; and BE IT FURTHER RESOLVED, that the Saint Paui Planning Commission does hereby recommend to the Council of the City of Saint Paul that the property located at 959 RANDOLPH (between Milton and Chatsworth) (PIN # 11-28-23-24-02�2), legally described as Lot 21, Block 12, Michei and Robertson`s Addition, Saint Paul, Ramsey County, be rezoned from R-3 to RM-2 in accordance with the appiication fior rezoning on file with the Saint Paul Department of Planning and Economic Development. � D� -\}11 • Saint Paul Planning Commission City Hall Conference Center - 15 Kellogg Boulevard West Minutes of October 19, 2001 A meeting of the Planning Commission of the City of Saint Paul was held Friday, October 19, 2001, at 8:30 a.m. in the Conference Center of City Hali. Commissioners Mmes. Donneliy-Cohen, Duarte, Zimmer Lonetti, Morton; and , Present: Messrs. Alton, Dandrea, Field, Fotsch, Gordon, Johnson, Kong, Kramer, Mardell and Mejia. Commissioners Mmes. *Faricy, *McCall, and *Shortridge; and Messrs. *Anfan�, and *Gervais. Absent: *Excused � Also Present: Larry Soderholm, Planning Administrator; Allan Torstenson, Yang Zhang, Joel Spoonheim, Penny Simison, Patricia James, Bob Hammer, and Mary Bnrton, Department of Planning and Economic Development stafF. I. Approval of Minutes of October 5, 2001 � II. III. MOTION: Commissioner Fieltl ntaved approval of the tninutes of October 5, 2001. Commissioner ponnelly-Cohen seconded the morioa. The motiorz carried :cnanimously on a voice vote. Chair's Announcements Chair Morton announced Commissioner Johnson is going to be the Co-chair of the Irvine Avenue Small Area Pian and Commissioner Fotsch wiil be the Co-chair of the Arcade Street Small Area Plan. Planning Administrator's Announcements Mr. Soderholm said how pleased he is to see work now underway at both the West Side Fiats and the Upper Ladding sites. Five years ago, working on the citywide I.and Use Plan, the Commission believed that if just one of the proposed urban village sites around the downtown edges could be built and demonstrate success, then over a period of years the other urban village sites could come on line. Today, three of them are underway, with the North Quadrant already selling homes. Mr. Soderholm announced up-coming communiry meetings for planning projects: - The Plam�ing Commission has received an invitation to a celebration for the acquisition of the Trillium Site on Thursday, October 25�' at 5:30 p.m. — Riverboat Tour on the Mississippi on November 2" arranged by Metro Councii. — Urban Village Zoning public review draft, two meetings scheduled for community people to • learn about it on November 1" and 5`" at 7:00 p.m. — City Council budget hearing on November 7`" at 5:30 p.m. — Metro Greenway Award presentation on November IS'" at 9:00 a.m. at the L.ower Phalen Creek Site. — Universiry of St. Thomas EAW: Planning Commission public hearing on November 7'�, 7:OO,p.m., at Olin Rice Atrium at Macalester College. Mr. Soderholm gave an update on the Buffalo Sober House case. The City Council upheld the Commission's decision allowing 16 residenrs. That was vetoed by the Mayor, but his veto was then ovenidden. The Ciry action allows 16 residents. The group home operators appealed to district court, claiming fl�at they must have 24 residents, and the judge has enjoined the City from enforcing the 16-resident-limit until after the court has heazd the case. Mr. Soderholm reported on City Council actions taken this week: — Tiger 7ack Rosenbloom's retail premises has become a historic monument that will be given to the Minnesota Historical Sociery and preserved as an example of smali business on or , near Rondo Avenue. — The City Council is proceeding with acquisition of the Lower Phalen Creek Site from the Burlington-Northem Santa Fe. — The zoning cases aze moving ahead. , — There was a policy discussion about parking and transit in ihe downtown. Next Mr. Soderholm gave highlights of the City Council Agenda for next week: � — Final plat for the Walnut Ridge housing development on the West Side. — Soil clean-up budget applications for the Parkway (Johnson Liquor) housing site and for the Lowertown Biuffs housing conversion of the warehouse near the Lower Phalen Creek Site. — Adoption of the Trout Brook/I.ower Phalen Creek Plan. — Lincoln Pawn Shop on White Bear Avenue is the subject of an adverse action. — Redevelopment plans for the District del Sol and Koch-Mobil are being adopted. — Parking for J.J. Hifl historic buildina and the historic preservation appeal about the We(ls Fargo building on Kellogg Blvd. Mr. Soderholm stated he found on the internet that the Seattle Comp Plan of 1994 set a goal of having 25 percent of all new housing units in the Seattle metro area built in the central city of Seattle. They had been at six percent. Last yeaz they captured 44 percent of atl of the new housing, with about half in the downtown and the other half in Seattle nei�hborhoods, for a total of 14,700 new units built in the central city during one yeaz. IV. Zoning Committee OLD BUSINESS #O1-221-420 The Center or i ms o o '�'I`�� R � r,r � • F 'i .uPCidential to B-2C Community Business (Converted) District to allow a counselin� office. 649 Dayton, beh�een Dale and St. Albans. (Yana Zhan�, 651/266-6659) � 2 o � . ��1� • Commissioner Field stated he has a letter from 4he Center for the V ictims of Torture withdrawing their application to rezone the property. NE�V BUSINESS #Q1-225-792 The Center for Victims of Torture - Specia( Condition Use Permit to allow a counse(ing office. 649 Dayton, between Dale and St. Albans. (Yang Zhang, 651/266-6659) Commissioner Field stated no district council comment received. One party spoke in support. No one spoke in opposition. The public hearing was closed. The Zoning Committee recommends approva! on a vote of 8-0. , Commissioner Field refeaed to a letter from the Ramsey Hill Association suppoding theSCUP. He stated the first case �vas a rezoning of the property, which the Zoning Committee felt was an inappropriate methodology to accomp(ish what they wished to accomplish at this site. The SCUP is a much better approach. MOTION Commissioner Field moved the Zoning Committee's reconimen�lation to approve tke Special Condition Use Permit. The n:otion cnrried unaninrons[y on a voice vote. #Ol 223 180 John A& Helen M. Reeenold - Rezone from R-3 One-Family Residential to RM-2 Multiple-Family Residential to allow construction oF a 26 unit apartment building for ' seniors. x�c Idaho & xx Arundel, SE corner of Idaho and ArundeL ('Yan� Zhang, 651l266-6659) � Commissioner Field reported District 6 recommends approvaL T�vo parties spoke in support. One party spoke in opposition. The public hearing was c(osed. The Zoning Committee recommends approval on a vote of 8-0. MOTION Commissioner Field moved the Zonii:g Committee's recon:neendation to approve tlie Rezoning. The motion carried unanimously on a voice vote. #O1-222-99� Mike Leitner - Rezone from RM-2 Multiple-Family Residential to B-3 General Business and Specia( Condition Use Permit to allow espansion of Leitner's Garden Center parking lot and outdoor storage of bagged products. 959 Randolph Ave., between Milton & Chatsworth. (Joel Spoonheim, 651/266-6614) Commissioner Field stated that District 9 did not take a position due to neighbor's support. No ona spoke in suppoR. No one spoke in opposition. The public hearing was closed. The Zoning Committee recommends approval on a vote of 8-0. MOTION: Co»imissioner Field moved tlie Zoning Committee's reconmiendatinn to approve t/te Rezoning a�:d Specia! Co�rdition Use Permit. Tlte motion carried « nanimously on a voice vote. #O1-223-337 III2A - St. Paul - Special Condition Use Permit to allow construction of a 13-unit • apartment building for seniors. 617 Stryker Ave, NE corner at Elizabeth. (Martha Faust, 651/266-6572) MINUTES OF THE ZONING COMMITTEE Thursday, October 11, 2001 - 3:30 p.m. � � City Council Chambers, 3' Floor City Hall and Court House 15 West Kellogg Boulevard PRESENT: EXCUSED: Anfang, Alton, Faricy, Field, Gordon, Kramer, Mejia, and Morton OTHERS Peter Warner PRESENT: Carol Martineau, Allan Torstenson, Joel Spoonheim of PED The meeting was chaired by Commissioner Fieid. �1-tiq 1 Mike Leitner - 01-222-995 - Rezone from RM-2 Multiple-Family Residential to B-3 General Business and Special Condition Use Permit to ailow expansion of Leitner's Garden Center parking lot and outdoor storage of bagged products. 959 Randolph Ave., between Miiton & Chatsworth. Mr. Joel Spoonheim showed slides and presented the staff report. Mr. Spoonheim stated that the zoning staff recommends approvai of the rezoning. Mr. Spoonheim explained that under the Zoning Code the planning administrator has the authority where pubiic hearings have been held to recommend and act on the Special Condition Use Permit. The information has been provided to the Planning Commission and all the conditions are met. W ith the approval of the rezoning, the zoning staff will administratively review and approve the Special Condition Use Permit. Mr. Mike Leitner, the applicant appeared and stated he would answer any questions. No one spoke in support or opposition. The pubiic hearing was closed. Commissioner Alton moved approval of the rezoning. Commissioner Faricy seconded it. The motion passed by a vote of 8-0. Adopted Yeas - 8 Drafted by: � �.Ct,1 ��, �,Gi.l-�/ Carol Martineau Recording Secretary Nays - 0 Submitted by: i S heim Zo ing S ction Approved by: Litton Field Chair o�-1a�+1 . • ZOriING COMIVIITTEE STAFF REPORT 2. 3. 4. 5. FILE # 01-222-995 APPLICANT: MIKE LEITNER DATE OF HEARING: 10/11/O1 CLASSIF'ICATION: Rezoning LOCATION: 959 Randolph (between Milton and Chatsworth) PLANIVING DISTRICT: 9 PIN & LEGAL DESCRIPTION: PIN I 1-28-23-24-0202, I.ot 21, Block 12, Michel and Robertson's Addition 6. PRESENT ZONING: RM-2 ZOIVING CODE REFERENCE: § 64.400 7. STAFF INVESTIGATION AND REPORT: DATE:10/01lO1 BY: Joel Spoonheim 8. DATE RECEIVED: 09111/Ol DEADLINE FOR ACTION: November 10, 2001 � � C. I� PURPOSE: Rezone from RM-2 (Multiple family) Residential to B-3 (General Business) to allow expansion of Leitner's Gazden Center parking lot. Under the authority of Section 64.300(b) of the Zoning Code and in conformance with Planning Commission Resolution 84-23 delegating authority for the approval of special condition use permits to the PlanningAdministrator in all cases where public hearings have been held in which the Commission has recommended and the City Council approved a rezoning specifecallyfor a"Special Condition Use, " the application for a Special Condition Use Permitfor expansion of the Leimer's Garden center parking lot and outdoor storage of bagged products will be approved by the Planning Administrator once the rezoning is approved by City Council. PARCEL SIZE: 4,480 sq. ft. ( I 12 x 40) EXISTING LAND USE: House SURROUNDING LAND USE: North: Residential (R-4) • East: Commerciai (B-3) South: Residential (RM-2) West: Residential (RM-2) Zoning File #01-222-995 Page 2 � E. ZONING CODE CITATION: Sec. 64.400 of the zoning code provides for amendment of the district boundaries. F. HISTORY/DISCUSSION: none G. DISTRICT COUNCIL RECOIVIlVIENDATION: The Fort Road Federation (District 9) is not taking a position due to neighbor's support. H. FINDINGS: The property at 959 Randolph is located in a RM-2 district, adjacent to a B-3 zone. It is currently a house. The applicant acquired the site because it is adjacent to the existing business. Additional pazking lot and storage space is necessary to better serve and more safely serve customers. Additional parking will also reduce on-street parking in front of neighboring houses. 2. The property was built by the I.eitner family in the late 1800's. It was sold to the most recent owner in 1958. Due to soil conditions, and the owner's failure to rebuild the foundation, the building has decayed to unsafe conditions. 3. The proposed zoning is compatible and consistent with the development proposed � for the site and with the adjacent B-3 zoning and commercial land use. 4. The use is not inconsistent with the provisions of the comprehensive plan. 5. The code provides that an application forrezoning must be accompanied by a consent petition of the owners of two thirds of the properties within 100 feet of the property to be rezoned. Twenty signacures were req�ired. Twenty-one were received. I. STAFF RECOMMENDATION: Based on the findings above, staff recommends approval of rezoning 959 Randolph Avenue from RM-2 to B-3. � • ZONING COMMITTEE STAFF REPORT O 1 -�a�,i FII,E # 01-223-141 1. APPLICANT: MIKE LETI'NER DATE OF HEARING: 10/I 1/Ol 2. CLASSIF'ICATION: Special Condition Use Permit (rezoning to B-3 is separate file) 3. LOCATION: 959 Randolph (between Miiton and Chatsworth) 4. PLANNING DISTRICT: 9 5. PIN & LEGAL DESCRIPTION: PIN 11-28-23-24-0202, L.ot 21, Block 12, Michel and Robertson's Addition 6. PRESENT ZONING: RM-2 (becoming B-3) ZONING CODE REFERENCE: § 60.564(5); 64300(d); 7. STAFF INVESTIGATION AND REPORT: DATE:10/O1/Ol BY: Joel Spoonheim 8. DATE RECEIVED_09/11/O1 _ DEADLINE FOR ACTION: 10, 2001 ___ � A. PURPOSE: Special Condition Use Permit to allow expansion of Leitner's Garden Center parking lot and associated outdoor storage of bagged products. Under the authority of Section 64.300(b) of the Zoning Code and in conformance with Planning Commission Resolution 84-23 delegating "authority for the approval of special condition use permits to the Planning Administrator in all cases where public hearings have been held in which the Commission has recommended and the City Council approved a rezoning specifically for a`Special Condition Use'," this application for a Special Condition Use Permit for expansion of the Leitner's Garden center parking lot and outdoor storage of bagged products will be approved by the Planning Administrator once the rezoning is approved by City Council. B. PARCEL SIZE: 4,480 sq. ft. (112 x 40) C. EXISTING LAND USE: House D. SURROUNDING LAND USE: North: Residential (R-4) • East: Commercial (B-3) South: Residential (RM-2) West: Residential (RM-2) Zoning Case #O1-223-141 Page 2 � E. ZONING CODE CITATION: Sections 60.554 (5) and 64300(d) of the Zoning Code permit Greenhouses in a B-3 zone subject to special conditions. These conditions and the applicant's ability to meet them aze detailed in the Findings section of this report. F. HISTORY/DISCUSSION: none G. DISTRICT COITNCIL RECONINIENDATION: The Fort Road Federation (District 9) is not taking a position due to neighbor's support. H. FINDINGS: The property at 959 Randolf is located in a RM-2 district, adjacent to a B-3 zone. It is currently a house. The applicant acquired the site because it is adjacent to the existing business. Additional parking lot and storage space is necessary to better serve and more safely serve customers. 2. Section 60.564(5) states "Greenhousesfor the retail sale of plants grown on the site, and sales of lawn furniture, playground equipment and garden supplies subject to the following conditions: � a. The storage or display of any materials or products shnll meet all setback requirements of a structure. The condition is met. The code (section 61.103) specifies a six foot setback on side yards for the building and parking. b. Al1 loading and parking shalt be provided off-street. The condition is met c. The storage of any soil, fenilizer or other loose, unpackaged marerials shall be cbntained so as to prevent any effects on adjacent uses. The condition is met. I.eimer's has stored products outside for years without a problem. Products aze bagged, not loose. 3. Section 64300(d) of fhe zoning code reqaiies that befote the planning commission may grant approval of a principal use subject to special conditions, the commission shall find that: • Zoning Case #01-223-14t Page 3 • O + a. The extent, location and intensity of the use widl be in substantial correpliance with the Saint Paul Comprehensive Plan and any appZicable subarea plans which were approved by the city council. The condition is met. Randolph is a mixed use corridor where auto-related uses aze allowed. b. The use will provide adequate ingress and egress to minimize traffic congestion in the public streets. The condition is x�a�+-b�met. LIEP and Public Works staff reviewed the site plan and approved it. c. The use will not be detrimental to the existing character of the development in the immediate neighborhood or endanger rhe public health, safety and general welfare. � The condition is met. Other commercial uses are located on Randolph. d. The use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district. The condition is met. As I,eitner's has been a strong community business in the past, additional pazking space will only improve the service to the community and reduce parking impacts on adjacent properties. e. The use shall, in aIl other respects, conform to the applicable regulations of the district in which it is located. The condition is met, as noted in the paragraphs above. I. STAFF RECOMMENDATION: Based on the findings above, staff recommends approval of the application for a Special Condition Use permit to allow outdoor storage of bagged products for L.eitner's Gazden Center at 959 Randolph Avenue. � ,.,.r ..�. �1 ��k (attach additional sheet TO THE HONORABLE MAYOR AND CITY COUNCIL: Pursuant to Section 64.400 of the Saint Paui Zoning Ordinance and to Section 462.357(5) o` Minnesota Statues, Mike Leitner , the owner of ali the land proposed for rezoning, hereby petitions you to rezone the above described property from a �Z zoning district to a $ zoning district, tor the purpose of: Business Expansior. (attach additional sheet(s) N necessary) Attachments: Required site plan 0 Consent pe titi o n ❑ Affidavit O Subscribed and swom to before me this 1�� day of �, '+�-�, '� • • ,�� I� [s7 z� o �Z � � � j,�--�- 8- I� By: owner of ro erfy Title: ��!vfR Page 1 of PETITION TO AMEND THE ZONING CODE Department of Planning and Economic Develop�next Zoning Section 1100 Ciry Haf! Anner 25 West Fourth Stree! Saint Paul, MA' S5101 266-6589 APPLICANT �.:�i-\a°1� � .:,:,-.µ . --=--•='�: Mike Leitner AddreSS 1756 Hampshire Court City St. Paul St.M� Zip 55116 Daytime phone 651-291�2655 Contact person (if different) PROPERTY I AddresslLocation 959 Randolph Aye. LOCATION Legal descriptionLot 21, B1ock 12, Michel and Robertson`s Addition Notary Public DEBRA S. BRANDIS NOTARI� PUBLIC- MINNE90U MY CAMM13$ION EXPIRESJqN.31,2006 SPECIAL CONDITION USE PERMIT APPLICATION Svint Paul Zoning Ojfce II00 Ciry� HallAnnex 15 ii est FourlJr S�reet Saint Pau1, MA' S5102 166-6589 QPPLICANT Zoning nffice .use oni}r ::: <. _ - :ite��na_ � .. ... .. ...... . IvE'heaiing �ate: _, i°' � Address1756 Hampshire Court City St. Paul gt,MN Z�p 55116 Daytime phone 651-291-2655, of owner PROPERTY Address/Location LOCATION �egal description: 1 959 Randolph Ave. Lot 21,B1ock 12, Michel and Robertson's Addition if Current Zoning RMZ TYPE OF PERMIT: Application is hereby made under the provisions of Chapter 6� , Section ✓� , Paragraph 6 of the Zoning Code for a: �Special Condition Use Permit 0 Modification of River Corridor Standards ❑ River Corridor Conditional Use SUPPORTING INFORMATION: supply the information that is applicable to your type of permit (attach additionai sheets if necessaryl • SPECIAL CONDI710N USE: Explain how the use will meet each of the speciai conditions. • RIVER CORRIDOR CONDITIONAL USE: Describe how the use will meet the applicable conditions. • MODfFICATlON OF RIVEA CORAIDOR STANDARDS: Explain why modifications are needed. � vT�AOa(� �('oR�GE ml� ,�'ftGG�4 �it�o u ��",f �A�, �� y , j' G A?A.ri� Ct�NT�/(' � S�� ^ �C site Applicant's sig Date S" 'DI City agent�� .. � � • � � �L � � �� . sC � L n Q' !� 1 A :j a s - � S i . . $ I—./° � i,j . � %/i i : � � � O �� ,� , \�\ . _ .T �r 6 _ � �� $a` I ` � , Ia � � � t _ � _ t , �� ,�� i E : � 1 p I fi S � � � N P � I � S I �! � N m � m� T �N �� mg y2 � N �m � O z S I O o m A � O o Y, � � � I 1 �� ff � � � �� L 6 . 8 ;i p g # �F � K �i Ft p R k ZL A F si I u a fF ki �, # St x a a k A � !i a Ft i� iF F iF � . {1 ? 4s � 1F FF Fk R R �f R F F F �F , �F 1� R � ct � I � fs '� � _� a � R _ tF iF �F _ x I � � � 4 — }. ±It4! a A. - -• Q -- a r io - 'PUEI' ST��f �'�S 1 _ ---'�- � — T -- F'� -'.r�s � j � , I2�Z0\T�i `G FIRST SUBMITTED SCUP DATE PETITION SUBMITTED: �� I/�v l DATE OFFICIALLY RECEIVED: `-- PARCL'LS ELIGIBLE: � O PARCELS REQUIRED: �� PARCELS SIGYED: � � \•CUP RFSUBYfIT'FED DATE PETITION RESUBIfITTED: � "� - V � DATE OFFICIALLY RECEIVED: ''`�� J l PARCELS ELIGIBLE: PARCL•LSREQUIRED: �� 2C7 PARCELS SIGNED: � " � ` . G� \TE: CHECKED BY: � � � � - S�a�— C 0.��7 .� _ r �� i� /� G' zo�v»� ��L� • 0�-\�q1 � PETI'Z'ION TO I2EZOI�T� AFFIDAVIT OF PETITIOI�ER STATE OF MINNESOTA) SS COLNTY OF RAMSEY ) . The petitioner, � 1/�'f /��t T�£� , being first dul5� sworn, deposes and states tltat tlie consent petition contains si�natures from at least rivo-thirds ( of all eligible properties «'ithin 100 feet of alf property o�vned, purchased, or sold by petitioner ��•ithin one (1) year precedin� the date of this petition �vhich is contiguous to the property described in the petition; petitioner is informed that the consent petition must contain signahires from each and all owners of jointly-o�vned property in order to constitutz consent from that propzrty and that failure to oUtain consent from each and atl owners could invalidate the consent petition; petitioner belie�•es that the consent pztition was signed b}' each of said o«•ners and that the signatures arz ihe true and correct sienatures of each and nll of the parties so described. \ J Subscrib°d and stivorn to before me this �`�'�ay of 0 , �� . � • OTARl' PUBLIC ' OEBRA S. SRANDIS . . HOTARYPUBUC-MINNESOTA MY COMMISSION EXPIR£S JAN. 31. 20�6 /rJ;�,�.� ��rN�`� NAME !7� 6 /��^ CT ADDRESS �s�-b9o�/,��.1' ELEPHONE TUMBER Pa�e of 1/31/97 cz�c� o� s�.xN�c �.�.ui� AFFIDAVIT OF PERSON CIRCUI.ATII�G PETITIO\ STATE OF MINNESOTA) COUNTY OF RAh4SEY ) ��y George M. Leitner , bemg first duly swom, de� � and sta s that he/she is the person who circulzted the within petition 2nd consent, consistir`tg�/� �aQes; thzt 2�iant is informed and betieves that the paRies described are the ownzrs respeot+u�1}�of the lots placed immediately before ezch name, that affiant is informed and believes that each of tne parties described 2bove is the o�vner of the property which is wi[hin 100 feet from any property ouned or purchased by pe[i[ioner or sold by petitioner within one (1) year przcedin� the date of tn:s petition which is contiguous to the property described in the petition; th�t except for none of tfie parties d�scribed zbove has purchased or is purchasing property from the petitioner conti;uous to tha above dzscribed propzrly within one (I) year of the date of the petition; that this cons�nt was sign:d by ezch o`said owners in the presences of this aC�'iznt, 2nd that the signatures are the true and coTect sign�tures of ezch znd all of the p2rties so described. • � George M. n r � N a� . 1756 Hampshire Court St. Paul I�PiT 55116 ADDRESS • 651-690-1245 TELEPHONEIrrUMEER this�_dayof /�il ,i=r ,� �0 rf -. i_ _.:I//% /!!J ` �., ..., • � t • ti ti ''' i� " '' 1 � 'D�::y4� . . .. � .... . .��. � JJ/J!�%1 1I-�J./ � %J///// / //�� . � • CITX OF SAINT' PAUL CO\`SE\T OF ADJOI\�I\'G PROPERTY 0��,'NEF REZOI�'I1YG S`� C� tne und�riQned OR'[12C> Oi LR� pCO�'-r}� «'<iRlC1 �OO I�LI OE[}1= t0i3I C01i1�U0 o�tned, purcF.aszd, oc sold by TEIE PET[TIO\ER «'ichin one yeac preczdin � �•.:no�vlzd�e tiat a'e haGe b�en presen�ed �ti i[h tne fotto�ti ing: 1. A cop� of ti P2ililOR OE Mike Leitner (nane oEpetitiontr) t� r:zon: Ihe o°� locatzd 2t 959 Randolph Ave P� P-r7' RM2 B3 f;�m a zoning district to a zoning district. �� n1-13�\ ��,` �� 2 A copy o.`section> 60.541 t��u�h 60.544 , inclusicz of tnz Ssin: Fa,f Zonin� Code; ar.d ackno«ledge that w� xrz a�carz of ali of tne wes pzrmitt�d in 2 B3 zor.iae distri and we 2r: awace that an}• of thzs� uses can bz est�Slishzd upon Ciry Council approval of ta_ rezoning. 1Ve hzreS; cons�nt to tn� rezoning oF the proper[}' in tne pztition of; Mike Leitner tp y B3 Z�� j;��ct. (�smz oEpz[itionzr) � ��'e consent to the �pproz�al of this rezoning as it �ti'as explained to us b}' fhe �pp]icant or tiis/her representati��e. n � �� `�' 7 �30 � �D N n 1J�n0 � ��G 0 ,��o% �s -0 'c'� �-1-0\ .�_d � S' _ ,� t� � '� �-/� a / � 5�,� 'i. �-/-/�/ . , ,,,�;�� _ , . .. , _ ��/��1 i1�1C,� P'1 � I'tv�.- �L.��l�,+`'_ �- �' � � 10TE: This pe:iiion shaU not be coasid�re as officiaily filed un:�! tne lap�e of s�.zn (7) �tiorkl.._'- dsys zfter it is r:cei�•ed by Ln� Plwtinina Di�•isioa. Any sign�cor of ��s peci�ior. n� �ti��^.a��r' �s/'r.e: nam� therefrom by «titten request �'ritnin tnat time. CX�'X OF SA.INT PAUL CO\TSE\'T OF ADJOI\TI\TG PROPERTY O�Z i�'ERS FOR A REZ01�711'G tiS'e, the und�ri�nzd, o«�ner> of tne propery tivithin 100 fee[ of th: to[al con.i�uou> Cr;:ription oE real es[zt; o«nzd, purchased, or s�ld by TE[E PET[T[O\E[t �vithin one }'ez; prexdin� [:;= dat� oF this pztitia. ac�no�clzd�e tnat ue have been present.d �ti i�h the follo«•ino: A copy of the peticion oF Mike Leitner (namz of to rzzon� thz p;opery located at 959 Ra RM2 B3 from 2 zoning district to a zoning district. 2. A copy' of s::tion; 60.541 through 60. , incfusi�•z of tnz Sain[ Paul Zonin� Code; 2nd ackno«�tedge tha! «': are a�varz of all of the wes permiaed in z B3 zxin� distric[ 2nd we a:: aware that any of thes� uses can be establishzd upon Ciry Councif approvat of tn_ rezoning. �Ve hzreby conse;�t to thz rezor.in� of the propery ia tnz petition of; Mike Leitner B3 to a zoniaz di>trict. (�an: of pztitionzr) . 1S'e consent to the �ppro�'al of this rezonina as it �S�as explained to us by the � �pplicant or his(her representati�•e. AnD:cSS �� P f\ t' P.E n3D na1 k tii �� i u::�. �3 .�.�n�i�.�.f Jol� �.�,�rz � � � � �t� �� - �� _ - �a � h� �� ,'� J�}rr � �S •z � `�� g Jal��s Jp� ��.G�G.�' IJw � Ll� ,� �r� s ��wc�, c� s�1 � (��W-c�E�7 �Gd��L ! �D �a vv.e � �av� � �q,-��C- �� .oi �o� ��, � I �' � � �a _� ,3 -0� 0l3 0 �3jdl f3�3 �� --o j `��3 �,�,uda� � � F�1�,�2d si��: tfS�=s�.z �� -- S- 7-or i �� \OTE: This peti:ion shall not be coasidzred as officially filzd unti! tnz lzps: of se�'en (7) worki^� d�ys eft lI 13 [.CZtt'23'p}' LR� Pl �nnin? Division. Any si�nator of ��s pzcitio �,�y� �`��3:a�� Srr-� nam� thzrzfrom b; ��Titten request ��ithin that time. kJ7idllGGdi C�:�o CJ ;t ' c cc Gr� �'''`� ��"x�i� ttsy `-' 6 � �c �� ..:--�; We, thc undersigncd, o`vncrs of the property �vitliin 100 fat o(Au tota� conti o�v�ud, purclinsed, or sofd by "I�HE PETlTlONGR �vithin one }•ear prcc ,L .� h� nckno�vledge thnt �vc havc bccn presented ��•ith ti�c folloi�ing: �<<� i • � !. A copy of the petition oF �/�C ,l�'( �jtf�/j (�� , (name of pctitioner) _ to retonc thc propo�ry {ocnted at _ 9_r��a�vOp1P1�,$u� �? PAGE i',1 �► '�� from n � ^ zoning districl to a�zoning district. ��CC ��F / V`�� 2. A eopy ofsections �.,�'� througl� 1�, �nclusive ofthe Saint Paul Zo�ling Code; and ncknoi�•icdge that �ve nre a�rire of nll of the uses permitted in n�� zoning district zod we are nware Ihat any of these uses cnn be eslnblislud upon Ciry Council appro��al o( d�e rezoning. \Ve horeby constnl to thc rcZOning of the property in du pctidon of; /�lLcE ..(�lritl.f/t- toa�_zoningdistrict. S��C/A'( U.�E �- (Nnme of petitionor) � \Vc consent to tlie npproval of fhis rezonino as it �vas expl�ined to us by f}ic �pplic�nt or }�is/l�cr represent�tive. �� • �" / / � � �.�l� '. : � A� • + • ..� � � ��< <r��\� 1 � �� • � • � • , _: ,. t� ::.:�.._. � . � �., . :�....� � � , . . :� � � • �� 1. �..�. �1�-�-.�i� ' �_ � • r„��LLI � � , I L IIt� Q. I,, � �' , / 1 �� ' _ _ ,. '� _ i r NOTL: This petition shall not be considered as officially filed until thc lapse of seven (i) �vorking days after il is receivcd by the Planning Division. Any signator of this p elif ion may wi (nd: z•,ti• hisl}tc� namc thereGom by written requesl tivithin that time. c�1-291-24» LciTnu[ CGh�r?,y- P'cs4tt° brand fax transmittal memo'I671 � olpnpea i I A �A �i J�/i/�t u i F� T'f �!�i �/ i� �� August 17, 2001 �� Juliene R. Mueller 1101 E. 80th Street Apt. 101 Bloomington, MN 55420 City of St. Pau� PED Zoning Department 1400 CHA W 4th Street St. Paui, MN 55102 This letter is to confirm that I am in support of Mike Leitner, in his applications for change of zoning and special use, on the property at 959 Randolph Ave. Further, I'd like to confirm that Mr. Leitner wili complete purchase of the prop�rty on 9/17/01. S' cerely, _ ��,�.`��-�-� Juliene R. Mueller P �'�' Attorney-in-Fact for Elizabeth Krautkremer 959 Randolph Ave St. Paul. MN 55102 � • o►-�� 1. SUNRAY•BAITLECREEK-Ti[GHWOOD 2. HAZEL PARK HADEI�i-PROSPERITY HILLCREST 3. WEST SIDE 4. DAYTON'S BLUFF 5. PAl'NE•PHALEI�I 6. NORTH END 7. THOMAS-DALB 8 SUMMIT-UNiVERSITX • 9. WEST SEVENTTi . COMO . il. HAMLINE-MIDWAY � 12. ST. ANI'HONY PARK 13. MERRIAM PAl2K-LEXINGTON HAMLiNE-SI�IELLING H.4ML�'SE 14. MACALESTER GROVELf�Nn � 15: HIGHL.AND �6. SUM��. .-22�-�I�S' � ��. �o,�,-ro� d I CITIZEN PAFtTTCIPATION PLANNING DISTRICTS • �� - � � �6�-7zZ• -'� DISTRICT 9 � � : ' ,� � �� ' �� ) � .� �TF�ONG APPLICANT. PURPOS � FI Ll�! � At+'+�. S'�'r o�-�� 000o c� oo'oi o , � � ; i I � , ° ��a,00 o�oo ��,c� �� `��` LEGEND �� zoning district toundary DATE � �� + � subjeci property h�qp � o one family � A ¢ f`NO �2TIlY �■ e ■�� f�¢Q mult�p!e famiiy n orth�. • ♦ /� COmT?'�ic: � .... indus'::a' V vdcan; AVE. Council File # �q� �"` � °"' � . ? ' �.a f t_ s � ;? + � . 'F : *.e ; i 't; ; > .v Presented By Referred To Ordinance # committee: llate 1 An ordinance amending Chapter 60 of the Saint Paul Legislafive Code pertaining to zoning for the City of 2 Saint Paul and the zoning maps thereo£ 0 6 7 10 11 12 13 14 15 WHEREAS, Pursuant to Minnesota Statutes {462357 and 64.400 of the Legislative Code, Mike Leimer duly petitioned to rezone property at 959 Randolph being legally described as PIN 11-28-23-24-0202, Lot 21, Block 12, Michel and Robertson's Addition, from RM-2 (multiple family) to B-3 (general business) to allow for the expansion of Leitner's Garden Center pazking lot, the petition having been certified by the Planuing Division on 06/OS/O1 as having been consented to by at least 67% of the owners of the area of the properiy to be rezoned, and further having been consented to by at least two-thirds of the owners of the property situated within 100 feet of the total contiguous property within one year proceeding the date of the petition; and WHEREAS, The Zoning Committee of the Planning Commission on 10/11/Ol, held a public hearing for the purpose of considering the rezoning petifion, and pursuant to { 107.03 of the Administrative Code, submitted its recommendation to the Planning Commission that the petition be granted; and 16 WHEREAS, The Planning Commission considered the rezoning petition at its meeting held on 10/19/O1 and 17 recommended that the City Council approve the petition; and 18 19 20 21 22 23 24 25 26 27 28 29 30 WHEREAS, notice of public hearing before the City Council on the said rezoning petirion was duly published in the official newspaper of the City on 11 /02/O l and notices were duly mailed to each owner of affected property and property situated wholly or partly within 350 feet of the property sought to be rezoned; and WHEREAS, a public hearing before the City Council having been conducted on 11/14/Ol, where all interested parties were heard, the Council having considered all the facts and recommendations concerning the petition; now, therefore THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: Section 1. 31 32 That the zoning map of the City of Saint Paul, Sheet Number 37, as incorporated by reference in {60301 of 33 the Saint Paul Legislative Code, as amended, is hereby fiirther amended as follows: 34 35 That property located at 959 Randolph being more particularly described as: 36 37 PIN 11-28-23-24-0202, Lot 21, Block 12, Michel and Robertson's Addition 38 �'l�k;?�H_� 39 be and is hereby rezoned from RM-2 to B-3. �17� 40 41 42 43 44 Section 2. D� -liq� This ordinance sha11 take effect and be in force thirry (30) days from and after its passage, approval and publication. �� ,., � a ' `,��,� q � € 4�� i 3�s a a 4._ � 0 � Adopted by Council: Date R ��2,. 2QQ,�, V Adoption Certified by Council Secretary By' Appr By: Aequested by Department of: Plannin & E onomic Develo ment By: Form Ap�p by City Attorney By: W�iM^�. zapproved byrtayor for S mision to Council By: ��.i".3u>. � ?,, 1. � i .� .. DEPARTTIENT/OFFICE/COUNCIL: I DATE INITIATED I GREEN SHEET No.:113132 � PED 19 Nov. 2001 Q�-1�.1\ COYCACT PERSO\ & PHONE: 7NITIAL/DATE IYIT[AL/DATE Joel Spoonheim CQ� f� � Z DEPARTMENT DIR. � i CITY COUNCIL MOST BE 0�.�' COLICIL AGENDA BY (DATE) �� NUMBER _3 CiTY ATTORNEY (.l -tl -� � R� _ CITY CLERK FOR FINANCIAL SERV DIR. _ FINANCIAL SERV/ACCTG ROII'1"ING 4 MAYOR (OR A T.) _ CIVIL SERVICE COMIvIISSION_ ORDER 1 Sean Kershaw TOTAL # OF SiGNAT[JRE PAGES _ 1_(CLIP ALL LOCATIONS FOR ACCIOV REQL'ESTED: of rezoning ordinance RECOMMENDATIONS: Approve (A) or Reject (R) _A PLANNING COMMISSION CIB COMMITTEE __. _ _..__ CN[L SERVICE COMMISSION PERSONAL SER�"ICE CONTRACTS MliSTA:\'SWER THE FOLLOWING QUESTIONS: ]. Haz this person/fi[m ever wor}:ed under a contract for this deparVnent? Yes No 2. Has this person/firm ever been a city employee? Yes No 3. Does this person/ficm possess a sAill no[ nortnally possessed by any cucrent ciTy employee� Yes No Explain all yes answers on separate sheet and attach to green shee[ INITIATING PROBLEM, ISSUE, OPPORTONITY (Who, What, When, Where, Why)� - Adopt an ordinance to finatize council approval of a petition of Mike Leitner to rezone property at 959 Randolph from RM-2 to B-3 (public hearing held 11/02lO1) . ADVANTAGESIFAPPROVED: Expands the parking lot of Leitner's Garden Center in ord to reduce traffic congestion. DISADVAVTAGESIFAPPROVED: none �CE110ED NOV20P00� DISADVA,�'TAGESIFNOTAPPROVED. -- ° The business and neighbors agree that not approving the rezoning will continue unnecessary congestion in the neighborhood. TOTAL AIDfOUNT OF TRANSACTION: SO FUYDING SOURCE: FINANCIAL INFORMATION: (EXPLAIV) COS77REVENUE BUDGETED: ACTIVITY NUMBER: ��u.�`.�; 3 v�;l��c�" �., �M � � �� <. e.. . q�'s� DEPARTMENT OFPLANNING & ECONOMIC DEVELOPMENT CTTY OF SAINT PAUL Norm Coleman, Mayor November 1, 2001 Ms. Nancy Anderson City Council Research Office Room 310 City Hall Saint Paul, Minnesota 55102 Dear Ms. Anderson: Division of Plmuiing 25 West Fourth Street Saira Pau[, MN 55102 O 1 � 1�y� 3'1 Telephane: 672-26G6565 Facsimile.� 612-228-3314 I wouid like to confirm that a public heazing before the City Council is scheduled for Wednesday November 14, 2001, for the following zoning case: Applicant: Mike Leitner File Number: #01-222-995 Purpose: Rezone property from RM-2 (Multiple Family) to B-3 (General Business) to allow expansion of Leitner's Gazden Center parking lot. Address: 959 Randolph (beriveen Milton and Chatsworth) Legal Description of Property: PIN 11-28-23-24-0202, Lot 21, Block 12, Michel and Robertson's Addition Previous Action: Zoning Committee Recommendation: Approval; unanimous vote; October 11, 2001 Planning Commission Decision: Approval; unanimous vote; Octboer 19, 2001 My understanding is that this public heazing request wili appear on the agenda for the November 14, 2001 City Council meeting and that you wiil publish notice of the heazing in the Saint Paul Legal Ledger. Please note, this hearing will occur at the conclusion of regular business of the Ciry Council, not at the standard public hearing time. Please call me at 266-6614 if you have any questions. Sincerely, � � S Joel Spoonheim CiTy Planner cc: File #01-222-995 Cazole Martineau Paul Dubruiel Wendy Lane Larty Soderholm � •— 81 PAIILIEGdtiLW88R _ _ � �21139$1�_ — — — , ; _ _ �, � � �FII2STRUN� . ' , �� . NOTiCE OF PUBLIC HF.ARINQ , . 1he Saint Papl 4Ytp Councff wlll con- "�-duct a publlc hearing on Wednesday, � November 14, 2001,�at 3:30 p:m. In Wq City �Coundl Cbambers, Third Floor C[ty ', , Ha11-Courthouse,. lb West 'Rellogg Houlevazd, SafntPatil. MN. to coasider the = aPPflcatlon of Mike Ldtnet to rezone prop- . �eriy from RM-2 (Mulriple Famlly). to B-3 �[Generat Business) to altow eapanatdn of � Leihier's Gazden Center parldng lot at 959 Randolph Avenue (between Milton and ,� Chatsworth Streets). � - - Dated: November 2 E001 . " � NANCYANDERSON.--� . �- A4stefent Clty Coundl Sec4eta�.y. .. . . � . INwmtv� � - , DEPARTMEN'f OF PLANNING & ECONOMIC DEVELOPMENI' Brian Sweeney, Direcfor 0 � - CTTY OF SAIIVT PAUL Norm Co[emam, Mayar � • November 2, 2001 Ms. Nancy Anderson Secretary to the City Council Room 310 City Hall Saint Paul, Minnesota 55102 Re: Zoning File #O1-222-995 Applicant: Mike Leitner 25 West Fovrtk Street Telephone: 65/-266-6655 SaintPavl,MN5i102 Facsimile:6�1-228-3314 City Council Hearing: November 14, 2001, 330 p.m, City Council Chambers Purpose: Rezone property at 959 Randolph (behveen Milton and Chatsworth) from RM-2 (Multiple Fami(y) to B-3 (General Business) to allow expansion of Leimer's Garden Center parking lot. Zoning Committee Recommendation: Approval; unanimous vote; October I 1, 2001 Planning Commission Decision: Approval; unanimous vote; Octboer 19, 2001 Staff Recommendation: Approve. District Coucil: The Fort Road Federation (District 9) is not taking a position due to the neighbors' support. Legal Description of Property: PIN 11-28-23-24-0202, Lot 21, Block 12, Michel and RobeRSOn's Addition Dear Ms. Anderson: This rezoning application is scheduled to be heard by the CiTy Council on November I, 2000. Please notify me (266-6614) if any member of the City Council wishes to have stides of the site presented at the public hearing. Sin rel / C � \ \� l Joel Spoonheith City Planner cc City Council members H\SharedU'ed�Spoonhei�Zonino Cases\959 Randoif Leimers\rezoning-CC Nancy anderson memo?.wpd C� � -►r�� • � � file number ol-90 c'rty of saint paul planning commission resolution date October 19> 2001 WHEREAS, Mike Leitner, File #01-222-995, has applied under the provisions of §64.400 of the Saint Paui Legislative Code, to rezone property �ocated at 959 RAfVDOLPH (between M+iton and Chatsworth) (PIN # 11-28-23-24-020 legaliy described as Lot 21, Block 12, Michei and Robertson's Addition, in Ramsey County, from RM-2 to B-3 to allow the expansion of Leitner's Garden Center parking lot; and WHEREAS, the Zoning Committee of the Pianning Commission, on October 11, 2001, held a public hearing at which all persons present were given an opportunity to be , heard pursuant to said application in accordance with the requirements of §64.300 of the Saint Paul Legislative Code; and WHEREAS, the Saint Paul Planning Commission, based on the evidence presented to its Zoning Committee at the public hearing as substantially reflacted in the minutes, made the following findings of fact: 1. The property at 959 Randolph is located in a RM-2 district, adjacent to a B-3 zone, It is currently a house. The applicant acquired the site because it is adjacent to the existing business. Additional parking lot and storage space is necessary to better serve and more safely serve customers. Additionai parking will also reduce on-street parking in front of neighboring houses. 2. The property was built by the Leitner family in the late 1800's. It was sold to the most recent owner in 1958. Due to soil conditions, and the owner's failure to rebuild the foundation, the building has decayed to unsafe conditions. 3. The proposed zoning is compatible and consistent with the development proposed for the site and with the adjacent B-3 zoning and commercial land. use. 4. The use is not inconsistent with the provisions of the comprehensive pian. 5. The code provides that an application for rezoning must be accompanied by a moved by Field seconded by in favor Unanimous against Zoning File #01-222-995 Planning Commission Resolution Page: 2 consent petition of the owners of two thirds of the properties within 100 feet of the property to be rezoned_ Twenty signatures were required. Twenty-one were received. 6. Under the authority of Section 64.300(b) of the Zoning Code and in conformance with Pianning Commission Resolution 84-23 delegating authority for the approval of special condition use permits to the Planning Administrator in all cases where public hearings have been held in which the Commission has recommended and the City Council approved a rezoning specifically for a"Special Condition Use," the application for a Special Condition Use Permit for expansion of the Leitner's Garden center parking lot and outdoor storage of bagged products will be approved by the Planning Administrator once the rezoning is approved by City • Council. � NOW, THEREFORE, BE IT RESOLVED, by the Saint Paui Planning Commission, that the application of Mike Leitner to rezone property at 959 RANDOLPH (between Milton and Chatsworth) (PIN # 11-28-23-24-0202), legaily described as Lot 21, Biock 12, Michel and Robertson's Addition, Saint Paul, Ramsey County, from RM-2 to B-3 is � consistent with the Comprehensive Plan for the City; and BE IT FURTHER RESOLVED, that the Saint Paui Planning Commission does hereby recommend to the Council of the City of Saint Paul that the property located at 959 RANDOLPH (between Milton and Chatsworth) (PIN # 11-28-23-24-02�2), legally described as Lot 21, Block 12, Michei and Robertson`s Addition, Saint Paul, Ramsey County, be rezoned from R-3 to RM-2 in accordance with the appiication fior rezoning on file with the Saint Paul Department of Planning and Economic Development. � D� -\}11 • Saint Paul Planning Commission City Hall Conference Center - 15 Kellogg Boulevard West Minutes of October 19, 2001 A meeting of the Planning Commission of the City of Saint Paul was held Friday, October 19, 2001, at 8:30 a.m. in the Conference Center of City Hali. Commissioners Mmes. Donneliy-Cohen, Duarte, Zimmer Lonetti, Morton; and , Present: Messrs. Alton, Dandrea, Field, Fotsch, Gordon, Johnson, Kong, Kramer, Mardell and Mejia. Commissioners Mmes. *Faricy, *McCall, and *Shortridge; and Messrs. *Anfan�, and *Gervais. Absent: *Excused � Also Present: Larry Soderholm, Planning Administrator; Allan Torstenson, Yang Zhang, Joel Spoonheim, Penny Simison, Patricia James, Bob Hammer, and Mary Bnrton, Department of Planning and Economic Development stafF. I. Approval of Minutes of October 5, 2001 � II. III. MOTION: Commissioner Fieltl ntaved approval of the tninutes of October 5, 2001. Commissioner ponnelly-Cohen seconded the morioa. The motiorz carried :cnanimously on a voice vote. Chair's Announcements Chair Morton announced Commissioner Johnson is going to be the Co-chair of the Irvine Avenue Small Area Pian and Commissioner Fotsch wiil be the Co-chair of the Arcade Street Small Area Plan. Planning Administrator's Announcements Mr. Soderholm said how pleased he is to see work now underway at both the West Side Fiats and the Upper Ladding sites. Five years ago, working on the citywide I.and Use Plan, the Commission believed that if just one of the proposed urban village sites around the downtown edges could be built and demonstrate success, then over a period of years the other urban village sites could come on line. Today, three of them are underway, with the North Quadrant already selling homes. Mr. Soderholm announced up-coming communiry meetings for planning projects: - The Plam�ing Commission has received an invitation to a celebration for the acquisition of the Trillium Site on Thursday, October 25�' at 5:30 p.m. — Riverboat Tour on the Mississippi on November 2" arranged by Metro Councii. — Urban Village Zoning public review draft, two meetings scheduled for community people to • learn about it on November 1" and 5`" at 7:00 p.m. — City Council budget hearing on November 7`" at 5:30 p.m. — Metro Greenway Award presentation on November IS'" at 9:00 a.m. at the L.ower Phalen Creek Site. — Universiry of St. Thomas EAW: Planning Commission public hearing on November 7'�, 7:OO,p.m., at Olin Rice Atrium at Macalester College. Mr. Soderholm gave an update on the Buffalo Sober House case. The City Council upheld the Commission's decision allowing 16 residenrs. That was vetoed by the Mayor, but his veto was then ovenidden. The Ciry action allows 16 residents. The group home operators appealed to district court, claiming fl�at they must have 24 residents, and the judge has enjoined the City from enforcing the 16-resident-limit until after the court has heazd the case. Mr. Soderholm reported on City Council actions taken this week: — Tiger 7ack Rosenbloom's retail premises has become a historic monument that will be given to the Minnesota Historical Sociery and preserved as an example of smali business on or , near Rondo Avenue. — The City Council is proceeding with acquisition of the Lower Phalen Creek Site from the Burlington-Northem Santa Fe. — The zoning cases aze moving ahead. , — There was a policy discussion about parking and transit in ihe downtown. Next Mr. Soderholm gave highlights of the City Council Agenda for next week: � — Final plat for the Walnut Ridge housing development on the West Side. — Soil clean-up budget applications for the Parkway (Johnson Liquor) housing site and for the Lowertown Biuffs housing conversion of the warehouse near the Lower Phalen Creek Site. — Adoption of the Trout Brook/I.ower Phalen Creek Plan. — Lincoln Pawn Shop on White Bear Avenue is the subject of an adverse action. — Redevelopment plans for the District del Sol and Koch-Mobil are being adopted. — Parking for J.J. Hifl historic buildina and the historic preservation appeal about the We(ls Fargo building on Kellogg Blvd. Mr. Soderholm stated he found on the internet that the Seattle Comp Plan of 1994 set a goal of having 25 percent of all new housing units in the Seattle metro area built in the central city of Seattle. They had been at six percent. Last yeaz they captured 44 percent of atl of the new housing, with about half in the downtown and the other half in Seattle nei�hborhoods, for a total of 14,700 new units built in the central city during one yeaz. IV. Zoning Committee OLD BUSINESS #O1-221-420 The Center or i ms o o '�'I`�� R � r,r � • F 'i .uPCidential to B-2C Community Business (Converted) District to allow a counselin� office. 649 Dayton, beh�een Dale and St. Albans. (Yana Zhan�, 651/266-6659) � 2 o � . ��1� • Commissioner Field stated he has a letter from 4he Center for the V ictims of Torture withdrawing their application to rezone the property. NE�V BUSINESS #Q1-225-792 The Center for Victims of Torture - Specia( Condition Use Permit to allow a counse(ing office. 649 Dayton, between Dale and St. Albans. (Yang Zhang, 651/266-6659) Commissioner Field stated no district council comment received. One party spoke in support. No one spoke in opposition. The public hearing was closed. The Zoning Committee recommends approva! on a vote of 8-0. , Commissioner Field refeaed to a letter from the Ramsey Hill Association suppoding theSCUP. He stated the first case �vas a rezoning of the property, which the Zoning Committee felt was an inappropriate methodology to accomp(ish what they wished to accomplish at this site. The SCUP is a much better approach. MOTION Commissioner Field moved the Zoning Committee's reconimen�lation to approve tke Special Condition Use Permit. The n:otion cnrried unaninrons[y on a voice vote. #Ol 223 180 John A& Helen M. Reeenold - Rezone from R-3 One-Family Residential to RM-2 Multiple-Family Residential to allow construction oF a 26 unit apartment building for ' seniors. x�c Idaho & xx Arundel, SE corner of Idaho and ArundeL ('Yan� Zhang, 651l266-6659) � Commissioner Field reported District 6 recommends approvaL T�vo parties spoke in support. One party spoke in opposition. The public hearing was c(osed. The Zoning Committee recommends approval on a vote of 8-0. MOTION Commissioner Field moved the Zonii:g Committee's recon:neendation to approve tlie Rezoning. The motion carried unanimously on a voice vote. #O1-222-99� Mike Leitner - Rezone from RM-2 Multiple-Family Residential to B-3 General Business and Specia( Condition Use Permit to allow espansion of Leitner's Garden Center parking lot and outdoor storage of bagged products. 959 Randolph Ave., between Milton & Chatsworth. (Joel Spoonheim, 651/266-6614) Commissioner Field stated that District 9 did not take a position due to neighbor's support. No ona spoke in suppoR. No one spoke in opposition. The public hearing was closed. The Zoning Committee recommends approval on a vote of 8-0. MOTION: Co»imissioner Field moved tlie Zoning Committee's reconmiendatinn to approve t/te Rezoning a�:d Specia! Co�rdition Use Permit. Tlte motion carried « nanimously on a voice vote. #O1-223-337 III2A - St. Paul - Special Condition Use Permit to allow construction of a 13-unit • apartment building for seniors. 617 Stryker Ave, NE corner at Elizabeth. (Martha Faust, 651/266-6572) MINUTES OF THE ZONING COMMITTEE Thursday, October 11, 2001 - 3:30 p.m. � � City Council Chambers, 3' Floor City Hall and Court House 15 West Kellogg Boulevard PRESENT: EXCUSED: Anfang, Alton, Faricy, Field, Gordon, Kramer, Mejia, and Morton OTHERS Peter Warner PRESENT: Carol Martineau, Allan Torstenson, Joel Spoonheim of PED The meeting was chaired by Commissioner Fieid. �1-tiq 1 Mike Leitner - 01-222-995 - Rezone from RM-2 Multiple-Family Residential to B-3 General Business and Special Condition Use Permit to ailow expansion of Leitner's Garden Center parking lot and outdoor storage of bagged products. 959 Randolph Ave., between Miiton & Chatsworth. Mr. Joel Spoonheim showed slides and presented the staff report. Mr. Spoonheim stated that the zoning staff recommends approvai of the rezoning. Mr. Spoonheim explained that under the Zoning Code the planning administrator has the authority where pubiic hearings have been held to recommend and act on the Special Condition Use Permit. The information has been provided to the Planning Commission and all the conditions are met. W ith the approval of the rezoning, the zoning staff will administratively review and approve the Special Condition Use Permit. Mr. Mike Leitner, the applicant appeared and stated he would answer any questions. No one spoke in support or opposition. The pubiic hearing was closed. Commissioner Alton moved approval of the rezoning. Commissioner Faricy seconded it. The motion passed by a vote of 8-0. Adopted Yeas - 8 Drafted by: � �.Ct,1 ��, �,Gi.l-�/ Carol Martineau Recording Secretary Nays - 0 Submitted by: i S heim Zo ing S ction Approved by: Litton Field Chair o�-1a�+1 . • ZOriING COMIVIITTEE STAFF REPORT 2. 3. 4. 5. FILE # 01-222-995 APPLICANT: MIKE LEITNER DATE OF HEARING: 10/11/O1 CLASSIF'ICATION: Rezoning LOCATION: 959 Randolph (between Milton and Chatsworth) PLANIVING DISTRICT: 9 PIN & LEGAL DESCRIPTION: PIN I 1-28-23-24-0202, I.ot 21, Block 12, Michel and Robertson's Addition 6. PRESENT ZONING: RM-2 ZOIVING CODE REFERENCE: § 64.400 7. STAFF INVESTIGATION AND REPORT: DATE:10/01lO1 BY: Joel Spoonheim 8. DATE RECEIVED: 09111/Ol DEADLINE FOR ACTION: November 10, 2001 � � C. I� PURPOSE: Rezone from RM-2 (Multiple family) Residential to B-3 (General Business) to allow expansion of Leitner's Gazden Center parking lot. Under the authority of Section 64.300(b) of the Zoning Code and in conformance with Planning Commission Resolution 84-23 delegating authority for the approval of special condition use permits to the PlanningAdministrator in all cases where public hearings have been held in which the Commission has recommended and the City Council approved a rezoning specifecallyfor a"Special Condition Use, " the application for a Special Condition Use Permitfor expansion of the Leimer's Garden center parking lot and outdoor storage of bagged products will be approved by the Planning Administrator once the rezoning is approved by City Council. PARCEL SIZE: 4,480 sq. ft. ( I 12 x 40) EXISTING LAND USE: House SURROUNDING LAND USE: North: Residential (R-4) • East: Commerciai (B-3) South: Residential (RM-2) West: Residential (RM-2) Zoning File #01-222-995 Page 2 � E. ZONING CODE CITATION: Sec. 64.400 of the zoning code provides for amendment of the district boundaries. F. HISTORY/DISCUSSION: none G. DISTRICT COUNCIL RECOIVIlVIENDATION: The Fort Road Federation (District 9) is not taking a position due to neighbor's support. H. FINDINGS: The property at 959 Randolph is located in a RM-2 district, adjacent to a B-3 zone. It is currently a house. The applicant acquired the site because it is adjacent to the existing business. Additional pazking lot and storage space is necessary to better serve and more safely serve customers. Additional parking will also reduce on-street parking in front of neighboring houses. 2. The property was built by the I.eitner family in the late 1800's. It was sold to the most recent owner in 1958. Due to soil conditions, and the owner's failure to rebuild the foundation, the building has decayed to unsafe conditions. 3. The proposed zoning is compatible and consistent with the development proposed � for the site and with the adjacent B-3 zoning and commercial land use. 4. The use is not inconsistent with the provisions of the comprehensive plan. 5. The code provides that an application forrezoning must be accompanied by a consent petition of the owners of two thirds of the properties within 100 feet of the property to be rezoned. Twenty signacures were req�ired. Twenty-one were received. I. STAFF RECOMMENDATION: Based on the findings above, staff recommends approval of rezoning 959 Randolph Avenue from RM-2 to B-3. � • ZONING COMMITTEE STAFF REPORT O 1 -�a�,i FII,E # 01-223-141 1. APPLICANT: MIKE LETI'NER DATE OF HEARING: 10/I 1/Ol 2. CLASSIF'ICATION: Special Condition Use Permit (rezoning to B-3 is separate file) 3. LOCATION: 959 Randolph (between Miiton and Chatsworth) 4. PLANNING DISTRICT: 9 5. PIN & LEGAL DESCRIPTION: PIN 11-28-23-24-0202, L.ot 21, Block 12, Michel and Robertson's Addition 6. PRESENT ZONING: RM-2 (becoming B-3) ZONING CODE REFERENCE: § 60.564(5); 64300(d); 7. STAFF INVESTIGATION AND REPORT: DATE:10/O1/Ol BY: Joel Spoonheim 8. DATE RECEIVED_09/11/O1 _ DEADLINE FOR ACTION: 10, 2001 ___ � A. PURPOSE: Special Condition Use Permit to allow expansion of Leitner's Garden Center parking lot and associated outdoor storage of bagged products. Under the authority of Section 64.300(b) of the Zoning Code and in conformance with Planning Commission Resolution 84-23 delegating "authority for the approval of special condition use permits to the Planning Administrator in all cases where public hearings have been held in which the Commission has recommended and the City Council approved a rezoning specifically for a`Special Condition Use'," this application for a Special Condition Use Permit for expansion of the Leitner's Garden center parking lot and outdoor storage of bagged products will be approved by the Planning Administrator once the rezoning is approved by City Council. B. PARCEL SIZE: 4,480 sq. ft. (112 x 40) C. EXISTING LAND USE: House D. SURROUNDING LAND USE: North: Residential (R-4) • East: Commercial (B-3) South: Residential (RM-2) West: Residential (RM-2) Zoning Case #O1-223-141 Page 2 � E. ZONING CODE CITATION: Sections 60.554 (5) and 64300(d) of the Zoning Code permit Greenhouses in a B-3 zone subject to special conditions. These conditions and the applicant's ability to meet them aze detailed in the Findings section of this report. F. HISTORY/DISCUSSION: none G. DISTRICT COITNCIL RECONINIENDATION: The Fort Road Federation (District 9) is not taking a position due to neighbor's support. H. FINDINGS: The property at 959 Randolf is located in a RM-2 district, adjacent to a B-3 zone. It is currently a house. The applicant acquired the site because it is adjacent to the existing business. Additional parking lot and storage space is necessary to better serve and more safely serve customers. 2. Section 60.564(5) states "Greenhousesfor the retail sale of plants grown on the site, and sales of lawn furniture, playground equipment and garden supplies subject to the following conditions: � a. The storage or display of any materials or products shnll meet all setback requirements of a structure. The condition is met. The code (section 61.103) specifies a six foot setback on side yards for the building and parking. b. Al1 loading and parking shalt be provided off-street. The condition is met c. The storage of any soil, fenilizer or other loose, unpackaged marerials shall be cbntained so as to prevent any effects on adjacent uses. The condition is met. I.eimer's has stored products outside for years without a problem. Products aze bagged, not loose. 3. Section 64300(d) of fhe zoning code reqaiies that befote the planning commission may grant approval of a principal use subject to special conditions, the commission shall find that: • Zoning Case #01-223-14t Page 3 • O + a. The extent, location and intensity of the use widl be in substantial correpliance with the Saint Paul Comprehensive Plan and any appZicable subarea plans which were approved by the city council. The condition is met. Randolph is a mixed use corridor where auto-related uses aze allowed. b. The use will provide adequate ingress and egress to minimize traffic congestion in the public streets. The condition is x�a�+-b�met. LIEP and Public Works staff reviewed the site plan and approved it. c. The use will not be detrimental to the existing character of the development in the immediate neighborhood or endanger rhe public health, safety and general welfare. � The condition is met. Other commercial uses are located on Randolph. d. The use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district. The condition is met. As I,eitner's has been a strong community business in the past, additional pazking space will only improve the service to the community and reduce parking impacts on adjacent properties. e. The use shall, in aIl other respects, conform to the applicable regulations of the district in which it is located. The condition is met, as noted in the paragraphs above. I. STAFF RECOMMENDATION: Based on the findings above, staff recommends approval of the application for a Special Condition Use permit to allow outdoor storage of bagged products for L.eitner's Gazden Center at 959 Randolph Avenue. � ,.,.r ..�. �1 ��k (attach additional sheet TO THE HONORABLE MAYOR AND CITY COUNCIL: Pursuant to Section 64.400 of the Saint Paui Zoning Ordinance and to Section 462.357(5) o` Minnesota Statues, Mike Leitner , the owner of ali the land proposed for rezoning, hereby petitions you to rezone the above described property from a �Z zoning district to a $ zoning district, tor the purpose of: Business Expansior. (attach additional sheet(s) N necessary) Attachments: Required site plan 0 Consent pe titi o n ❑ Affidavit O Subscribed and swom to before me this 1�� day of �, '+�-�, '� • • ,�� I� [s7 z� o �Z � � � j,�--�- 8- I� By: owner of ro erfy Title: ��!vfR Page 1 of PETITION TO AMEND THE ZONING CODE Department of Planning and Economic Develop�next Zoning Section 1100 Ciry Haf! Anner 25 West Fourth Stree! Saint Paul, MA' S5101 266-6589 APPLICANT �.:�i-\a°1� � .:,:,-.µ . --=--•='�: Mike Leitner AddreSS 1756 Hampshire Court City St. Paul St.M� Zip 55116 Daytime phone 651-291�2655 Contact person (if different) PROPERTY I AddresslLocation 959 Randolph Aye. LOCATION Legal descriptionLot 21, B1ock 12, Michel and Robertson`s Addition Notary Public DEBRA S. BRANDIS NOTARI� PUBLIC- MINNE90U MY CAMM13$ION EXPIRESJqN.31,2006 SPECIAL CONDITION USE PERMIT APPLICATION Svint Paul Zoning Ojfce II00 Ciry� HallAnnex 15 ii est FourlJr S�reet Saint Pau1, MA' S5102 166-6589 QPPLICANT Zoning nffice .use oni}r ::: <. _ - :ite��na_ � .. ... .. ...... . IvE'heaiing �ate: _, i°' � Address1756 Hampshire Court City St. Paul gt,MN Z�p 55116 Daytime phone 651-291-2655, of owner PROPERTY Address/Location LOCATION �egal description: 1 959 Randolph Ave. Lot 21,B1ock 12, Michel and Robertson's Addition if Current Zoning RMZ TYPE OF PERMIT: Application is hereby made under the provisions of Chapter 6� , Section ✓� , Paragraph 6 of the Zoning Code for a: �Special Condition Use Permit 0 Modification of River Corridor Standards ❑ River Corridor Conditional Use SUPPORTING INFORMATION: supply the information that is applicable to your type of permit (attach additionai sheets if necessaryl • SPECIAL CONDI710N USE: Explain how the use will meet each of the speciai conditions. • RIVER CORRIDOR CONDITIONAL USE: Describe how the use will meet the applicable conditions. • MODfFICATlON OF RIVEA CORAIDOR STANDARDS: Explain why modifications are needed. � vT�AOa(� �('oR�GE ml� ,�'ftGG�4 �it�o u ��",f �A�, �� y , j' G A?A.ri� Ct�NT�/(' � S�� ^ �C site Applicant's sig Date S" 'DI City agent�� .. � � • � � �L � � �� . sC � L n Q' !� 1 A :j a s - � S i . . $ I—./° � i,j . � %/i i : � � � O �� ,� , \�\ . _ .T �r 6 _ � �� $a` I ` � , Ia � � � t _ � _ t , �� ,�� i E : � 1 p I fi S � � � N P � I � S I �! � N m � m� T �N �� mg y2 � N �m � O z S I O o m A � O o Y, � � � I 1 �� ff � � � �� L 6 . 8 ;i p g # �F � K �i Ft p R k ZL A F si I u a fF ki �, # St x a a k A � !i a Ft i� iF F iF � . {1 ? 4s � 1F FF Fk R R �f R F F F �F , �F 1� R � ct � I � fs '� � _� a � R _ tF iF �F _ x I � � � 4 — }. ±It4! a A. - -• Q -- a r io - 'PUEI' ST��f �'�S 1 _ ---'�- � — T -- F'� -'.r�s � j � , I2�Z0\T�i `G FIRST SUBMITTED SCUP DATE PETITION SUBMITTED: �� I/�v l DATE OFFICIALLY RECEIVED: `-- PARCL'LS ELIGIBLE: � O PARCELS REQUIRED: �� PARCELS SIGYED: � � \•CUP RFSUBYfIT'FED DATE PETITION RESUBIfITTED: � "� - V � DATE OFFICIALLY RECEIVED: ''`�� J l PARCELS ELIGIBLE: PARCL•LSREQUIRED: �� 2C7 PARCELS SIGNED: � " � ` . G� \TE: CHECKED BY: � � � � - S�a�— C 0.��7 .� _ r �� i� /� G' zo�v»� ��L� • 0�-\�q1 � PETI'Z'ION TO I2EZOI�T� AFFIDAVIT OF PETITIOI�ER STATE OF MINNESOTA) SS COLNTY OF RAMSEY ) . The petitioner, � 1/�'f /��t T�£� , being first dul5� sworn, deposes and states tltat tlie consent petition contains si�natures from at least rivo-thirds ( of all eligible properties «'ithin 100 feet of alf property o�vned, purchased, or sold by petitioner ��•ithin one (1) year precedin� the date of this petition �vhich is contiguous to the property described in the petition; petitioner is informed that the consent petition must contain signahires from each and all owners of jointly-o�vned property in order to constitutz consent from that propzrty and that failure to oUtain consent from each and atl owners could invalidate the consent petition; petitioner belie�•es that the consent pztition was signed b}' each of said o«•ners and that the signatures arz ihe true and correct sienatures of each and nll of the parties so described. \ J Subscrib°d and stivorn to before me this �`�'�ay of 0 , �� . � • OTARl' PUBLIC ' OEBRA S. SRANDIS . . HOTARYPUBUC-MINNESOTA MY COMMISSION EXPIR£S JAN. 31. 20�6 /rJ;�,�.� ��rN�`� NAME !7� 6 /��^ CT ADDRESS �s�-b9o�/,��.1' ELEPHONE TUMBER Pa�e of 1/31/97 cz�c� o� s�.xN�c �.�.ui� AFFIDAVIT OF PERSON CIRCUI.ATII�G PETITIO\ STATE OF MINNESOTA) COUNTY OF RAh4SEY ) ��y George M. Leitner , bemg first duly swom, de� � and sta s that he/she is the person who circulzted the within petition 2nd consent, consistir`tg�/� �aQes; thzt 2�iant is informed and betieves that the paRies described are the ownzrs respeot+u�1}�of the lots placed immediately before ezch name, that affiant is informed and believes that each of tne parties described 2bove is the o�vner of the property which is wi[hin 100 feet from any property ouned or purchased by pe[i[ioner or sold by petitioner within one (1) year przcedin� the date of tn:s petition which is contiguous to the property described in the petition; th�t except for none of tfie parties d�scribed zbove has purchased or is purchasing property from the petitioner conti;uous to tha above dzscribed propzrly within one (I) year of the date of the petition; that this cons�nt was sign:d by ezch o`said owners in the presences of this aC�'iznt, 2nd that the signatures are the true and coTect sign�tures of ezch znd all of the p2rties so described. • � George M. n r � N a� . 1756 Hampshire Court St. Paul I�PiT 55116 ADDRESS • 651-690-1245 TELEPHONEIrrUMEER this�_dayof /�il ,i=r ,� �0 rf -. i_ _.:I//% /!!J ` �., ..., • � t • ti ti ''' i� " '' 1 � 'D�::y4� . . .. � .... . .��. � JJ/J!�%1 1I-�J./ � %J///// / //�� . � • CITX OF SAINT' PAUL CO\`SE\T OF ADJOI\�I\'G PROPERTY 0��,'NEF REZOI�'I1YG S`� C� tne und�riQned OR'[12C> Oi LR� pCO�'-r}� «'<iRlC1 �OO I�LI OE[}1= t0i3I C01i1�U0 o�tned, purcF.aszd, oc sold by TEIE PET[TIO\ER «'ichin one yeac preczdin � �•.:no�vlzd�e tiat a'e haGe b�en presen�ed �ti i[h tne fotto�ti ing: 1. A cop� of ti P2ililOR OE Mike Leitner (nane oEpetitiontr) t� r:zon: Ihe o°� locatzd 2t 959 Randolph Ave P� P-r7' RM2 B3 f;�m a zoning district to a zoning district. �� n1-13�\ ��,` �� 2 A copy o.`section> 60.541 t��u�h 60.544 , inclusicz of tnz Ssin: Fa,f Zonin� Code; ar.d ackno«ledge that w� xrz a�carz of ali of tne wes pzrmitt�d in 2 B3 zor.iae distri and we 2r: awace that an}• of thzs� uses can bz est�Slishzd upon Ciry Council approval of ta_ rezoning. 1Ve hzreS; cons�nt to tn� rezoning oF the proper[}' in tne pztition of; Mike Leitner tp y B3 Z�� j;��ct. (�smz oEpz[itionzr) � ��'e consent to the �pproz�al of this rezoning as it �ti'as explained to us b}' fhe �pp]icant or tiis/her representati��e. n � �� `�' 7 �30 � �D N n 1J�n0 � ��G 0 ,��o% �s -0 'c'� �-1-0\ .�_d � S' _ ,� t� � '� �-/� a / � 5�,� 'i. �-/-/�/ . , ,,,�;�� _ , . .. , _ ��/��1 i1�1C,� P'1 � I'tv�.- �L.��l�,+`'_ �- �' � � 10TE: This pe:iiion shaU not be coasid�re as officiaily filed un:�! tne lap�e of s�.zn (7) �tiorkl.._'- dsys zfter it is r:cei�•ed by Ln� Plwtinina Di�•isioa. Any sign�cor of ��s peci�ior. n� �ti��^.a��r' �s/'r.e: nam� therefrom by «titten request �'ritnin tnat time. CX�'X OF SA.INT PAUL CO\TSE\'T OF ADJOI\TI\TG PROPERTY O�Z i�'ERS FOR A REZ01�711'G tiS'e, the und�ri�nzd, o«�ner> of tne propery tivithin 100 fee[ of th: to[al con.i�uou> Cr;:ription oE real es[zt; o«nzd, purchased, or s�ld by TE[E PET[T[O\E[t �vithin one }'ez; prexdin� [:;= dat� oF this pztitia. ac�no�clzd�e tnat ue have been present.d �ti i�h the follo«•ino: A copy of the peticion oF Mike Leitner (namz of to rzzon� thz p;opery located at 959 Ra RM2 B3 from 2 zoning district to a zoning district. 2. A copy' of s::tion; 60.541 through 60. , incfusi�•z of tnz Sain[ Paul Zonin� Code; 2nd ackno«�tedge tha! «': are a�varz of all of the wes permiaed in z B3 zxin� distric[ 2nd we a:: aware that any of thes� uses can be establishzd upon Ciry Councif approvat of tn_ rezoning. �Ve hzreby conse;�t to thz rezor.in� of the propery ia tnz petition of; Mike Leitner B3 to a zoniaz di>trict. (�an: of pztitionzr) . 1S'e consent to the �ppro�'al of this rezonina as it �S�as explained to us by the � �pplicant or his(her representati�•e. AnD:cSS �� P f\ t' P.E n3D na1 k tii �� i u::�. �3 .�.�n�i�.�.f Jol� �.�,�rz � � � � �t� �� - �� _ - �a � h� �� ,'� J�}rr � �S •z � `�� g Jal��s Jp� ��.G�G.�' IJw � Ll� ,� �r� s ��wc�, c� s�1 � (��W-c�E�7 �Gd��L ! �D �a vv.e � �av� � �q,-��C- �� .oi �o� ��, � I �' � � �a _� ,3 -0� 0l3 0 �3jdl f3�3 �� --o j `��3 �,�,uda� � � F�1�,�2d si��: tfS�=s�.z �� -- S- 7-or i �� \OTE: This peti:ion shall not be coasidzred as officially filzd unti! tnz lzps: of se�'en (7) worki^� d�ys eft lI 13 [.CZtt'23'p}' LR� Pl �nnin? Division. Any si�nator of ��s pzcitio �,�y� �`��3:a�� Srr-� nam� thzrzfrom b; ��Titten request ��ithin that time. kJ7idllGGdi C�:�o CJ ;t ' c cc Gr� �'''`� ��"x�i� ttsy `-' 6 � �c �� ..:--�; We, thc undersigncd, o`vncrs of the property �vitliin 100 fat o(Au tota� conti o�v�ud, purclinsed, or sofd by "I�HE PETlTlONGR �vithin one }•ear prcc ,L .� h� nckno�vledge thnt �vc havc bccn presented ��•ith ti�c folloi�ing: �<<� i • � !. A copy of the petition oF �/�C ,l�'( �jtf�/j (�� , (name of pctitioner) _ to retonc thc propo�ry {ocnted at _ 9_r��a�vOp1P1�,$u� �? PAGE i',1 �► '�� from n � ^ zoning districl to a�zoning district. ��CC ��F / V`�� 2. A eopy ofsections �.,�'� througl� 1�, �nclusive ofthe Saint Paul Zo�ling Code; and ncknoi�•icdge that �ve nre a�rire of nll of the uses permitted in n�� zoning district zod we are nware Ihat any of these uses cnn be eslnblislud upon Ciry Council appro��al o( d�e rezoning. \Ve horeby constnl to thc rcZOning of the property in du pctidon of; /�lLcE ..(�lritl.f/t- toa�_zoningdistrict. S��C/A'( U.�E �- (Nnme of petitionor) � \Vc consent to tlie npproval of fhis rezonino as it �vas expl�ined to us by f}ic �pplic�nt or }�is/l�cr represent�tive. �� • �" / / � � �.�l� '. : � A� • + • ..� � � ��< <r��\� 1 � �� • � • � • , _: ,. t� ::.:�.._. � . � �., . :�....� � � , . . :� � � • �� 1. �..�. �1�-�-.�i� ' �_ � • r„��LLI � � , I L IIt� Q. I,, � �' , / 1 �� ' _ _ ,. '� _ i r NOTL: This petition shall not be considered as officially filed until thc lapse of seven (i) �vorking days after il is receivcd by the Planning Division. Any signator of this p elif ion may wi (nd: z•,ti• hisl}tc� namc thereGom by written requesl tivithin that time. c�1-291-24» LciTnu[ CGh�r?,y- P'cs4tt° brand fax transmittal memo'I671 � olpnpea i I A �A �i J�/i/�t u i F� T'f �!�i �/ i� �� August 17, 2001 �� Juliene R. Mueller 1101 E. 80th Street Apt. 101 Bloomington, MN 55420 City of St. Pau� PED Zoning Department 1400 CHA W 4th Street St. Paui, MN 55102 This letter is to confirm that I am in support of Mike Leitner, in his applications for change of zoning and special use, on the property at 959 Randolph Ave. Further, I'd like to confirm that Mr. Leitner wili complete purchase of the prop�rty on 9/17/01. S' cerely, _ ��,�.`��-�-� Juliene R. Mueller P �'�' Attorney-in-Fact for Elizabeth Krautkremer 959 Randolph Ave St. Paul. MN 55102 � • o►-�� 1. SUNRAY•BAITLECREEK-Ti[GHWOOD 2. HAZEL PARK HADEI�i-PROSPERITY HILLCREST 3. WEST SIDE 4. DAYTON'S BLUFF 5. PAl'NE•PHALEI�I 6. NORTH END 7. THOMAS-DALB 8 SUMMIT-UNiVERSITX • 9. WEST SEVENTTi . COMO . il. HAMLINE-MIDWAY � 12. ST. ANI'HONY PARK 13. MERRIAM PAl2K-LEXINGTON HAMLiNE-SI�IELLING H.4ML�'SE 14. MACALESTER GROVELf�Nn � 15: HIGHL.AND �6. SUM��. .-22�-�I�S' � ��. �o,�,-ro� d I CITIZEN PAFtTTCIPATION PLANNING DISTRICTS • �� - � � �6�-7zZ• -'� DISTRICT 9 � � : ' ,� � �� ' �� ) � .� �TF�ONG APPLICANT. PURPOS � FI Ll�! � At+'+�. S'�'r o�-�� 000o c� oo'oi o , � � ; i I � , ° ��a,00 o�oo ��,c� �� `��` LEGEND �� zoning district toundary DATE � �� + � subjeci property h�qp � o one family � A ¢ f`NO �2TIlY �■ e ■�� f�¢Q mult�p!e famiiy n orth�. • ♦ /� COmT?'�ic: � .... indus'::a' V vdcan; AVE.