03-159Council File # � + � q
Ordinance #
Green Sheet # a.0�{3�{`
ORDINANCE
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Presented By
�
NT PAUL, MINNESOTA
Referred To Committee: Date
Gq
An ordinance amending Chapter 60 of the Saint Paul Legislative Code pertaining to zoning for the City of
Saint Paul and the zoning maps thereof:
WHEREAS, Pursuant to Minnesota Statutes §462357 and §64.400 of the Legislative Code, Virginia Sunek
duly petitioned to rezone property located at 965 St. Paul, southwest corner of St. Paul and Montreal
Avenues, being legally described as BORDNER'S WEST VIEW NO. 2 LOT 7 BLOCK 1 NEMERS PLAT
AND IN SD BORDNERS WESTVIEW NO 2 LOT 11 BLK 1, Parcel Identification Nuxnbers (PIl� 16-28-
23-32-0042, from R-3 One-Family Residential to RM-2 Multiple-Family Residential for construction of six
townhomes; and
WHEREAS, the Zoning Committee of the Planning Commission held a public hearing on October 3, 2002,
for the purpose of considering the rezoning petition, and pursuant to § 107.03 of the Administrative Code,
submitted its recommendation to the Planning Commission that the petition to rezone from R-3 to RM-2 be
granted; and
WI�REAS, the Planning Commission considered the rezoning perition at its meeting held on October 11,
2002, and recommended that the City Council approve the petition to rezone from R-3 to RM-2; and
WHEREAS, notace of public hearing before the City Council on said rezoning petition was duly published in
the official newspaper of the City on Oct. 31, 2002, and notices were duly mailed to each owner of affected
property and property situated wholly or partly within 350 feet or the property sought to be rezoned; and
WI3EREAS, a public hearing before the City Council ha�ing been conducted on November 6, 2002 at which
all interested parties were given an opportunity to be heard, the Council having considered all the facts and
recommendarions concerning the petition; now, therefore
THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN:
Section 1.
That the zoning map of the City of Saint Paul, Sheet Number 33, as incorporated by reference in §60301 of
the Saint Paul Legislative Code, as amended, is hereby further amended as follows:
That the property at 965 St. Paul Avenue, being more particularly described as:
�
37 BORDNER'S WEST VIEW NO. 2 LOT 7 BLOCK 1 NEMERS PLAT AND IN SD BORDNERS [+� 1 j��
38 WESTVIEW NO 2 LOT 11 BLK 1, Parcel Identification Numbers (PIl� 16-28-23-32-0042
39
40 be and is hereby rezoned from R-3 to RM-2. O 3—� S Q
41
42 Sectian 2.
43
44 This ordinance shall take effect and be in force thirty (30) days from and after its passage, approval and
45 publication.
46
47
48
49
Requested by Department of: ,
E[�. � - _
�Ir1f� ��,�_,;I�'�! 1
:• -
Approved by Financial Sesvices
Adoption Cer
By:
Approved by
By:
By:
Form Appro�
3y:
b�
3y:
......,.r �yv
? �
tia,
Adopted by Council: Date �1!Q/Jf�i S e70D3
�
DEPARTMENT/OFFICFJCOUNCII,: pATE INTT7ATED GREEN SHEET No.: 204341
PED Zoning 1/6/03 C 3-159
CONTACl' PERSON & PHONE: IN11WJDnTE INITIaLlDaTE
Yang Zhang 266-6659 �?l-�� � 2 D�ARTMENC DIl2. s crrr covrrcu.
MUST BE ON COUNCII, AGENDA BY (DATE) �SIGN 3 CITY ATTY. _ C1TY CI.ERK
ASSOOT335 OSS1UIe �'� —��CIALSERVDIR FINANCIALSERV/ACCTG
P FOR 4 MAYOR(ORASST.) 1 PLANNINGADMIN�
ROUTING •
ORDER
TOTAL # OF SIGNATURE PAGES 1_(CLIP ALL LOCATIONS FOR SIGNATURE)
ncnox �QVES�n: Adoption of rezoning ordinance
RECOMMENDAITONS: Approve (A) or Reject (R) PERSONP.I. SERVICE CONTRACTS MUST ANSWER THE FOLLOWING
QUESTIONS:
A PLANNING COMNIISSION 1. fias tf�is person/firm ever worked vnder a convact for this depaztrnent?
CIB COMMITTEE Yes Na
CNII. SERVICE COMMISSION 2. Has this petson/firnt ever been a ciTy employee?
_A_ Staff Yes No
3. Does Uils person/f¢m possess a skill not normally possessed by any cuaent ciTy employee?
Yes No
Eaplain alt yes answers on separate sheet and attach to green sheet
INiTIATINGPROBLEM, ISSUE, OYPORTUNITY (Who, Whay When, Wher; Why):
Adopt ordinance to finalize rezoning of 965 St. Paul Avenue, southwest corner at Montreal, from R-3 One-Family
Residential to RM-2 Multiple-Family Residential for construction of 6 townhomes. The City Council held a
public hearing on November 6, 2002 and voted to approve the rezoning on December 11, 2002.
ADVANTAGESIFAPPROVED:
Property will be rezoned to allow the construction of six townhomes.
DLSADVANTAGESIFAPPROVED: ,JAN 1 4 ZOO�
None.
CITY ATTORNEY
DISADVANTAGES IF NOT APPROVED:
.r
TOTAL AMOUNT OF TRANSACTION: $ COST/REVENUE BUDGETED: ��` ��
r,^`^`3
FIJNDING SOURCE: AC1'IVITY NUMBER � � �..\ �, ?� �'�,.,��.j
FINANCIAL INFORMATION: (EXPLAIN)
��� �
L�Ammda�ZO�S\CCdo¢\02-219-�09geeosheet wpL ,
DEPARTMENT OF PLANIQING
& ECONOMIC DEVELOPMENT
Martha G. Fu[ler, Director
CITY OF SAII�]T PAUL
Randy C- %IZy, Mayor
October 11, 2002
Ms. Nancy Anderson
City Council Research Office
Room 310 City Hall
Saint Paul, Minnesota 55102
Deaz Ms. Anderson:
25 WestFourth Street
Saint Paul, MIJ55102
�3'�
Zelephorse: 6I2-266-6565
Facsimi[e: 612-22&3314
I would like to confirm that a public hearing before the City Council is scheduled for Wednesday
November 6, 2002, for the following rezoning application:
Applicant: Virginia Simek ,
File Number: #02-219-709
Purpose: Rezoning from R-3 One-Family Residential to RM-2 Multiple-Family Residential for
construction of 6 townhouses
Address: 965 St. Paul Avenue, SW comer of St. Paul and Montreal.
Legal Descriprion of Property: BORDNER'S WEST VIEW NO. 2 LOT 7 BLOCK 1 NEMERS
PLAT AND IN SD BORDNEKS WESTVIEW NO 2 LOT 11 BLK 1
(PIIV 16-28-23-32-0042)
Previous Action:
Zoning Committee Recommendation: Approval; vote: 7-0; October 3, 2002
Planning Commission Recommendarion: Approval; unanimous vote; October 11, 2002
My understanding is that this public hearing request will appeaz on the agenda for the November 6, 2002
City Council meeting and that you will publish notice of the hearing in the Saint Paul Legal Ledger.
Please call me at 266-6659 if you have any questions.
Sincerely,
Yang Zhang
City Planner
cc: File # 02-219-709
Carol Martineau
Paul Dubruiel
Wendy Lane
Allan Torstensqn
AA-ADA-EEO Employer
.��. -
� NOTICE"OF-PUBLFG HEARING � � . .
The Saint Paul City Council will�con-
ducE a public hearing on Wednesday,
�Iovember 6, 2002, at 5:30 p.m, in the City
Council Chambers, Tlvrd Floor City Hall-
(.'oin 15 West Kellogg Boulevard,
SamtPaul, NfAJ,10 considecthe.appficafiion
of Psginia Sfinek to rezone propertp from
� R-3 (One-Family ResidentialJ to RM-2 �
(Mvltiple-,Family Residential) for consh
tion of s'uc townhouses at 965 St. Paul
Avenue (Soufhwest comer of St. Paul
Avenue and Montreal Avenue).
Dated: October 24, 2002 -
, NANCY"t1NDEF2SON -�
Assistant City Council Secretary
- __. -_ (October3l) �
- S7: PAtIL LEGAT. LEDGSR =___-
02Q - . - -
DEPARTMENT OF PLANNING
& ECONOMIC DEVELOPMENT
Mnnha G. Fuller, Director
CTTY OF SAINT PAUL
Randy C. Kelly, Mayor
October 29, 2002
Ms. Nancy Anderson
Secretary to the City Council
Room 310 City Hall
Saint Paul, Minnesota 55102
•
I900 Ciry Ha[I Ann¢
25 West Fourth Street
Saint Paul, MN SSIO2
Re: Zoning File #02-219-709 Applicant: VIRGINIA SIMEK
�
Teiephone: 6I2-2666565
F¢csimile: 672-22833I4
City Council Hearing: November 6, 2002, 5:30 p.m, City Council Chambers
Purpose: Rezoning properiy at 965 St. Paul Avenue from R-3 One-Family Residential to RM-2
Multiple-Family Residential for construction of 6 townhouses
Planning Commission Recommendafion: Approve, vote: Unanimous.
Zoning Committee Recommendation: Approve, vote: 7- 0.
Staff Recommendarion: Approve.
Support:
Opposition:
Dislsict Council:
Dear Ms. Anderson:
None.
Four.
Supportive.
This rezoning applicarion is scheduled to be heard by the City Council on November 6, 2002. Please
nofify me at 266-6659 if any member of the City Council wishes to have slides of the site presented at
the public hearing.
Sincerely,
I�,� � � i',`�� ,
Yang Zhang
City Planner
cc: City Council members
AA-ADA-EEO Employer
u
�
•
city of saint paul
planning commission resolution
file number oz-,5
d ate October ��, zooz
;�:=n.;
�iY"n�
��
,
WHEREAS, VIRGiNIA SIMEK, File #02-219-709, has petitioned for a rezoning under the
provisions of §64.400 of the Legislative Code, for the purpose of rezoning property located at
965 St. Paul Avenue, Parcel Identification Number 16-28-23-32-0042, legally described as
BORDNER'S WEST VIEW NO. 2 LOT 7 BLOCK 1 NEMERS PLAT AND IN SD BORDNERS
WESNIEW NO 2 LOT 11 BLK 1, from R-3 One-Family Residential to RM-2 Multiple-Family
Residential for construction of six townhomes; and
WHEREAS, the Zoning Committee of the Planning Commission, on October 3, 2002, held a
pubiic hearing at which ail persons present were given an opportunity to be heard pursuant to
said petition in accordance with the requirements of §64.300 of the Saint Paul Legislative Code;
and
WHEREAS, the Saint Paui Pianning Commission, based on the evidence presented to its
Zoning Committee at the public hearing as substantially refiected in the minutes, made the
foflowing findings of fact:
The applicant, Virginia Simek, owns the property in question located at 965 St. Paui
Avenue. The current use is a dupiex, and the applicant proposes to take down the
house and construct 6 townhouses on the 18,680-square-fioot parcel. The units will be :
individually owned, and will be at market rate.
2. The immediate neighborhood has a mix of single-fainily and multiple-family zoning �;T; <
districts. The proposed rezoning to RM-2 is consistent with adjacent RM-2 zoning to the
west, south and north. The property is at the intersection of Montreal and St. Paul,
which carry significant traffic during peak travei hours.
The rezoning to RM-2 is consistent with the Saint Paui Comprehensive Pfan, which
encourages the production of new housing units (Section 5.1 of the Housing Chapter).
The proposed development is in Highiand, an area where housing is in strong demand.
n
U
moved by Kramer
seconded by
in favor Unanimous
against
Zoning File #02-219-709
Planning Commission Resolution
Page 2
NOW, THEREFORE, BE IT RESOLVED, by the Saint Paul Planning Commission, that the
petition of Virginia Simek to rezone property at 365 St. Paul Avenue, Parcel Identificatian
Numbers (PIN) 16-28-23-32-0042, legally described as BORDNER'S WEST VIEW NO. 2 LOT 7:
BLOCK 1 NEMERS PLAT AND IN SD BORDNERS WESNIEW NO 2 LOT 11 BLK 1, from R-3
One-Family Residential to RM-2 Multiple-Family Residential for construction of six fownhomes,
is consistent with the Comprehensive Plan for the City; and
•
BE IT FURTHER RESOLVED, that the Saint Paul Planning Commission does hereby
recommend to the Council of the City of Saint Paui that 965 St. Paui Avenue be rezoned from
R=3 to�itV1=2 in accardanc�nviYtrthe rezorring onf+le wit#rt�e8ai�t�Pa�l-Qepe�ent
of Planning and Economic Development.
. .
•
• Saint Paul Planning Commission
City Hall Conference Center
15 Kellogg Boulevard West
Nlinutes of October 11, 2002
�3,15�
A meetin� of the Ptanning Commission of the City of Saint Paul was held Friday, October 11, 2��2,
at 830 a.m. in the Conference Center of.City Half.
Commissioners Mmes. Donnelty-Cohen, Faricy, Zimmer Lonetti, Morton, Shortridge, and Trevino;
Present: and Messrs. Alexander, Alton, Dandrea, Fotsch, Gordon, Joltnson, Kong Kramer,
Mardell, and Mejia.
Commissioners Mmes. *McCal1; and Messrs. *Anfan„ *Fie1d, *Gervais, and *Rosales.
Absent:
*Escused
Aiso Present: Allen Lovejoy, Sean Kershaw, Rich Malloy, Yang Zhang, Lucy Thompson, and
Mary Bniton, Department of Planning and Economic Development staff; and
Tom Beach, L.I.E.P.
#Q2-219-709 Virginia Simek - Rezone from R-3 (One-Family Residential) to RM-2 (Multiple
• Family) for construction of 6 townhouses. 965 St. Paul Ave., SW corner of St. Paul Ave. &
Montreal. (YangZhang, 651/266-6659)
Commissioner Kramer stated District 15 recommends approval. No one spoke in support. Four
parties spoke in opposition. The public hearing was closed. The Zoning Committee
recommended approval on a vote of 7-0.
MOTION: Commissioner Kramer moved the Zoning Committee's recommendation for
approval of the rezoning. The motion carried unanimously on a voice vote.
•
MINUTES OF THE ZONING COMMITTEE
• Thursday, October 3, 2002 - 3:30 p.m.
City Council Chambers, 3rd Floor
City Halt and Court House
75 West Kellogg Boulevard
PRESENT: Aito�, Anfang, Faricy, Field, Kramer, Mejia, and Morton
EXCUSED: Gordon
STAFF: Carol Martineau, Alian Torstenson, Peter Warner, and Yang Zhang
The meeting was chaired by Commissioner Fieid.
3 ,� ��I
V
Virginia Simek- 02-219-7�9 - Rezone from R-3 (One-Family Residentiai) to RM-2 (Multiple-
Family Residential) for construction of 6 townhouses. 965 St. Paul Ave., SW corner of St. Paul
& Montreal.
Yang Zhang presented the staff report with a recommendation of approval for the rezoning.
She also stated District 15's Community Development Committee recommends approval.
Stewart Simek, representative of the applicant, stated the townhome development fits in with
the area. It backs up to mufti-family and there are apartment type buildings on two other
corners of the intersection.
• No one spoke in support.
•
Kim Miller, 993 St. Paul Ave., gave a description of the duplexes and apartment bui{dings in the
neighborhood. They had concerns about the neighborhood becoming overwhelmed by multi-
family dwellings in the area.
Teri Bender, 2002 Montreai Ave., stated she opposed the rezoning because the intersection is
heavily congested and additional townhouses will add to the congestion. There are very few
singie-family homes in the area and she would like to see more. She also had concerns about
RM-2 ailowing a 5-story apartment building on this site.
Beth Schmitz, 2020 Montreai Ave., stated her concerns about the buildings being only 18 feet
away from her property. She also had concerns with the single-family home owners in the
neighborhood who are fixing up their homes feeling the neighborhood being overtaken by-
apartments and townhomes.
Cheryl Fields, 984 St. Paul Ave., posed concerns about the townhomes drasticaily altering the
character of the neighborhood. She also voiced concerns about traffic safety.
Stewart 5imek stated there is a driveway for the duplex located on St. Paul Avenue that was
discussed. The new driveway would not be coming in from the back of the development,
therefore, it would not affect the single-family homes. With regards to the open space, it is the
properry owner's right to build on the property as permitted. l"his is a key corner in Highland
and the townhomes wiil be built to further enhance the neighborhood.
At the question of Commissioner Field, Ms. Zhang explained that under RT-2 the sideyard
setback would be less. In RM-2, a 15-foot sideyard setback is required while in RT-2 the
File # 02-219-709
October 3, 2002, minutes
Page 2
required side setback is onty 9 feet. In addition, a room-counf variance would be needed under
RT-2 for this development. The neighborhood currently has a lot of RM-2 zoning, and rezoning
to RM-2 is consistent with the neighborhood.
At the question of Commissioner Anfang, Mr. Simek stated the townhomes would be
approximately 1800 square feet each.
The public hearing was closed.
At the question of Commissioner Kramer, Ms. Zhang sfated under a cluster development, only
3 units would be allowed and the developer intends to develop 6 units.
Commissioner Faricy moved to approve the rezoning. Commissioner Kramer seconded the
motion.
The motion passed by a vote of 7-0.
�
•
Adopted Yeas - 7
Drafted by:
�.Y.lA,6��� ��a�'�J
Carof Martineau
Recording Secretary
Nays - 0
Submitted by:
Yang Zhang
Zoning Section
�... -..
_���
. -.
•
•
1.
2.
3.
u
Section 64.400(b) states in part, "an amendment to the zoning code may be initiated by
the council, the planning commission or by petition of the owners of sixry-seven (67)
percent of the area of the property to be rezoned."
• F. HISTORY/DISCUSSION: No history.
ZONING COMMITTEE ST'AFF REPORT �3�
FILE # 02-219-709
APPLICANT: VIRGINIA SIMEK HEARING DATE: October 3, 2002
TYPE OF APPLICATION: Rezoning
LOCATfON: 965 St. Paut Avenue; southwest corner of St. Paul and Montreal
4. PIN & LEGAL DESCRIPTION: BORDNER'S WEST VIEW NO. 2 LOT 7 BLOCK 1
NEMERS PLAT AND 4N SD BORDNERS WESNtEW NO 2 tOT 11 BlK 1
(PIN 16-28-23-32-0042)
5. PLANNING D(STRICT: 15 PRESENT ZONtNG: R-3
6. ZONING CODE REFERENCE: §64.400
7. STAFF REPORT DATE: September 26, 2002 BY: Yang Zhang
8. DATE RECEIVED: August 30, 2002 DEADLINE FOR ACTION: October 29, 2002
Q
�
PURPOSE: Rezoning from R-3 One-Family Residential to RM-2 Multiple-Family
Residential for construction of six townhomes.
PARCEL SIZE:18,680 sq. ft(irregularly shaped parcel with 109 feet of frontage on
Montreai and 120 feet on St. Paul)
C. EXISTING LAND USE: Duplex
D. SURROUNDING LAND USE:
North: Apartments across Montreal (RM-2)
South: Single-family residential (R-3) and apartments (RM-2)
East: Single-family residential across St. Paui (R-3)
West: Single-family residential, duplex, and apartments (RM-2)
E. ZONING CODE CITATION: Section 64.400(a) of the zoning code states in part, "the
council may, from time to time, amend, suppiement or change the district boundaries or
the segu{ations herein, or subsequently established herein pursuant to the provisions of
Minnesota Statutes Section 462.357 and amendments thereto as may be made from time
to time. The planning commission may, from time to time, review district boundary lines to
determine if, pursuant to state laws, such district boundary lines should be changed"
G.
DISTRICT COUNCIL RECOMMENDATION: The District 15 Planning Council's
Zoning File # 02-219-709
September 26, 2002
Page 2
Community Development Committee voted on September 23, 2002, to recommend
approval of the rezoning. The Council Board will vote on the issue on October 3.
H. FINDINGS:
The applicant, Virginia Simek, owns the property in question located at 965 St. Paul
Avenue. The current use is a duplex, and the applicant proposes to take down the
house and construct 6 townhouses on the 18,680-square-foot parcel. The units will be
individually owned, and will be at market rate.
2. The immediate neighborhood has a mix of singie-family and multipie-family zoning
districts. The proposed rezoning to RM-2 is consistent with adjacent RM-2 zoning to
the west, south and north. The property is at the inte�section of Montrea an Sf F'<
which carry significant traffic during peak travel hours.
3. The rezoning to RM-2 is consistent with the Saint Paul Comprehensive Pian, which
encourages the production of new housing units (Section 5.1 of the Housing Chapter).
The proposed development is in Highland, an area where housing is in strong
demand.
� J
STAFF RECOMMENDATION: �
Based on the findings above, staff recommends approval of the rezoning of 965 St. Paul
Avenue from R-3 One-Family Residential to RM-2 Multiple-Family Residential to allow
construction of 6 townhouses.
.
PETITION TO AMEND TIiE ZOFfING CODE
Depanment of PJanning and Econonzic Development
Zonirzg Section
Z400 City Haii Annex
25 West Fourth Street
Saint Paul, MN SSIO2-I634
(651)266-6589
Property
.� _ ��
Tentative "Hea
�� '.�'
03,1��
�1•7��
Date:
ti .'?
Address � 1.� �'�G�.t C
APPLICANT City C-�.C��� St. �2ip ��/c�-Z� Daytime Pfione �S"/ ° 'S'S5� �.�Y7
Contact Person (if different) �v"��f`if-4 S i rne� Phone 65 cS9� /b93.
PROPERTY
LOCATION
Address / Location
Legal Description Lo"� � "Ci� bC � � �VPJ��S � �-{- ,-,� � ^ S�
Qardner_e 1,Je�taTew �c� �3 L� \� c21 4 Current Zoning �sb.
(attach additional sheet if nec�QSSary) r ,,. -� x � �.
TO 7HE HONORABIE MAYOR AND C1Tl° COl1NClt:
Pursuant to Section 64.400 of the Saint Paul Zoning Ordinance and to Section 462.357(5) of Minnesota Statues,
�� t�1t� � S i fl-� � owner of iand proposed for rezoning, hereby petitions you to
ne the above described property from a �-� zoning district to a �M'2-
zoniny district, for the purpose of:
Building six new townhomes on the site. 965 Saint Pau1 Avenue is adjacent to an existing RM-2
zoning district on three sides of the property. Based on the site azea the RM-2 zoning district
allows up to 10 units. However, because of the 35' setback on Saint Paul Avenue and due to the
odd sHape of the site, we intend to buiid six three-bedroom units which are a better fit within the
scale of the esisting neighborhood. (Please find the following attachments; Ea�tubii 'A' - Location
map within existing zoning district, E�ubit B' - Proposed Site Plan, and Eplubit'C' - Building
Elevxtion Concept.)
(attach additio�al sheet(s) if necessary)
Attachments: Required Site Pian ❑ Consent Petition ❑
Affidavit ❑
Subseribed and sworn to before me
this - ' � day
of 20dt'.
► � ��.� �♦ ���,i
r� ����
By:. �•�WAIA�R �'\. �LAl.DYP
ee Owner of Property
�
""��� JENNIFER R. KOVdSKI
��A� NOTARY PUBLIC - MINNESOTA
��r MyComm.ExpiresJan.31,2005
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Figure 3. Back and side yards of 965 St. Paul
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• CITIZEN PARTICIPATIO DIS RICTS
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1.SUNRAY-BRTTLECREEK-HTGNWOOD
2.GREATER EAST SIDE
3.WEST SIDE
4.QAYTON'S SLUFF
S.PAYNE-PHALEN
6.NORTH END
7.THOMAS-DALE
B.SUMMIT-UNIVER�ITY
9.WEST SEVENTH
lO.COMO
11.HAMLINE-MIDWAY
12.ST. AN7HONY
13.MERRIAM PK.-LEXINGTON HAMLINE
GROVELAND-MACALESTER
15 IGHLAND
6.SUMMIT HILL
77.DOWNT�WN
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CITIZEN PARTICIPA7ION PLANNIN6 DISTRICTS
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