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03-748Council File # �� Ordinance # Green Sheet # 2 '�� 3 C� 2 CITY Presented By Referred To Committee: Date An ordinance amending Chapter 60 of the Saint Paul Legislative Code pertaining to zoning for the City of Saint Paul and the zoning maps thereof: WI�EREAS, Pursuant to Minnesota StaLutes §462357 and §64.4�Q of the Legislative Code, MENDOTA HOMES, INC. duly applied for a rezoning at 1071 South Cieveland Avenue, being legally described as E 27 81/100 FT OF LOT 28 AND SUBJ TO CLEVELAND AVE LOT 30 AND ALL OF LOT 29 BLK 2 OF HIAWATHA PARK ADDITION from B-2 to RM-2 to bring the zoning into compliance with the use on the site and consistent with similar properties in the azea; and 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 WHEREAS, the Zoning Committee of the Plamiing Commission held a public hearing on May 1, 2003, for the purpose of considering the rezoning petition, and pursuant to § 107.03 of the Administrative Code, submitted its recommendafion to the Plamiing Commission that the petition be granted; and W HEREAS, the Planning Commission considered the rezoning petition at its meeting held on May 9, 2003 , and recommended that the City Council approve the petifion; and WHEREAS, notice of public hearing before the City Council on said rezoning petition was duly published in the of£xcial newspaper of the City on May 29, 2003, and notices were duly mailed to each owner of affected property and property situated wholly or partly witkrin 350 feet or the property sought to be rezoned; and WHEREAS, a public hearing befare the City Council having been conducted on June 4, 2003, at which all interested parties were given an opporiwuty to be heazd, the Council having considered a11 the facts and recommendations concerning the petition; now, therefore ��1�Z�1i1 �7�t1'�ISZyM�Y�7�I.Y�.��Oli7\�1i��7�7� �'�i�� 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 foilows: That the properry at 1071 SOUTH CLEVELAND AVENiJE, being more particulazly described as: E 27 81/100 FT OF LOT 28 AND SUBJ TO CLEVELAND AVE LOT 30 AND ALL OF LOT 29 BLK 2 OP HIAWATHA PARK ADDITION be and is hereby rezoned from B-2 to RM-2. P{I3LiSH€D ORDIi�1ANCE MINNESOTA 3? �'�' 1 K 40 41 42 43 44 45 46 47 48 Section 2. b3-�`f.$ This ordinance shall take effect and be in force thirty (30) days from and after its passage, approval and publication. Benanav aosc=om fteiter Adopted by Council: Date_CZf� Adoption CBrT+fir+A hv crnmcil .cPrrctwrv SY: Approved by By: by 3y: 1 .� �.; �.Y �_+; Requested by Department of: Plarmin b�� onoIDiC De 1� e t $Y: c Approved by Financial Services sy: Form Approved by City Attorney Bv: Yfl � . ■ /12 _'711Q v ✓ � / U DEPARTMENT/OFFICE/COUNCII,: DATE INiTIATED PED ��q�� GREEN SHEET No.: 3�03`F��` CONTAGT PERSON & PHONE: Q�1IT[ALIA INiTIAL/DATE Alle L ovejoy 6-6576 � Z pgppg�T DIlL � s crrr covxcu, MUST BE ON COUNCII. AGENDA BY (DATE� �IC'N 3 Ci1Y ATTORNEY _ CITY CT.F'2K N[SMBER �ANCIALSERVDIR FINANCIALSERVfACCLFi FOR 4 I�IAYOR (OR ASST.) � 1 TEAM L,BADER d ROUTING ORDER TOTAL # OF SIGNATTIltE PAGES _2 (CLIP ALL LOCATIONS FOR SIGNATURE) � Acriox �QUES�n: Adoption of rezoning ordinance and lot split with variance resolution RECOMIvIENDAITONS: Appmve (A) or Reject (R) PERSONAI, SERVICE CONTRACTS MUST ANSWER T'HE FOLLOWING QUESITONS: . A PLANNAIG COMIvIISSION 1. Has tLis person/fimi ever worlced under a contract for tltis depariment? CIB COMNIIITEE Yes No CIV1I, SERVLCE COMbIISSION 2. Has this petson7fiim ever been a city employee? Yu No 3. Does this person/&m� possess a skill not normally possessed by any cmrent city employee? Yes No Eaplain all yes auswers on separate sheet and attach to green s6eet INII7ATING PROBLEM, ISSUE, OPPORTONII'P (Who, Whaf, When, Where, Why): Adopt an ordinance to finalize council approval of a petition of Mendota Homes Inc.to rezone property from B-2 to RM-2, at 1071 South Cleveland Avenue to bring the zoning in conformance with the previously approved 11-unit residential building. City Council public hearing was held June 4, 2003, held over for discussion to June 11 and then July 2 before being approved on July 2, 2003. ADVANTAGES IF APpROVED: Property will be rezoned and bring the zoning into compliance with the previously-approved and newly-constructed . DISADVANTAGES IF APPROVED: None DLSADVANTAGESIFNOTAPPROVED: Property zoning will not reflect current use, nor be consistent with similaz properties in the area. TOTAL AMOUNT OF TRANSACTiON: 3 0 COST/REVENUE BUDGETED: FONDING 50URCE: AC'1'1VY1'Y NUMBER: � FINANCIAL IlVFORMATION: (EXPLAIN) JUL 3 C� 2��3 C:�DocummtsavdSettine,f�pesslwavn�[.vcalSetungslianpW3.280-092ordwvicegeevshcet,wpd � V 1 0 I DEPARTMENT OF PLANNING & ECONOMIC DEVELOPMENT Manha G. Fulter, Director CITY OF SAINT PAUL Randy C Kelly, Mayor May 76, 2003 Ms. Nancy Anderson Cifij Council Research Office Room 310 City Hall Saint Paul, Minnesota 55102 Dear Ms. Anderson: 25 West Founh Street Saint P¢ul, MN 55102 a3-��.�d � ; ;,•.,°� Te[ephone: 651-266-6626 Facsimile. 651-228-3341 I would like to confirm that a public hearing before the City Council is scheduled for Wednesday, June 4, 2003, for the following rezoning application: Applicant: Mendota Homes, Inc. File Number: # 03-280-092 Purpose: Rezone property from B-2 to RM-2 to be consistent with the 11-unit residential structure being built Address: 1071 South Cleveland Avenue Leqal Description of Propertv: E 27 S1/100 FT OF LOT 28 AND JUBJ TO CLEVELAND AVE LOT 30 AND ALL OF LOT 29 BLK 2 OF HIAWATHA PARK Previous Action: Zoning Committee Recommendation: recommend approval, 8-0, on May 1, 2003 Planning Commissio� Recommendation: recommend approval, 1A-�, on May 9 My understanding is that this public hearing request will appear on the agenda for the June 4, 2003, City Council meeting and that you will publish notice of the hearing in the Saint Paul Legal Ledger. Please call me at 266-6647 if you have any questions. Sincerely, r Allen L� / City Planner cc: File # 03-280-092 Carol Martineau Paul Dubruiel Wendy Lane Allan Torstenson AA-ADA-EEO Employer " lYOTICE OF PUBLIC *�A*+*NG The Saint Paul City Council will con- duct a public hearing on Wednesday, June 4, 2003,�at 5:30 p.m. in the Gity Council Chambers, Third Floor, City Hall-CourChouse, 15 West Kellogg Boulevazd, Saint Paul, MN, to consider the application of Mendota Homes, Inc., to rezone property from B-2 to RM-2 to be consistent with the ll,unit residen- tial structure being built at 1071 South Cleoeland Avenue. ' Dated: May 23, 2003 NANCY ANDERSON, � � Assistant City Couacil Secretary - (May 29) � . --�= S7: PAUL IEGAL7.EDGER =s=—== I azossi�s DEPARTMENT OF PLANNING & ECONOMIC DEVELOPMENT Martha G. Fuller, Director CITY OF SAINT AUL Rm>dy C. KeZly . Mayor W� May 27, 2003 Ms. Nancy Anderson Secretary to the City Council Room 310 City Hall Saint Paul, Minnesota 55102 • 1400 City Hall Amrex 25 West Folvth Sveet S�rd Pmd, MN55702 Re: City Council File # 03 03-280-092 Applicant: Mendota Homes, Inc. City Council Hearing: June 5, 2003, 530 p.m., City Council Chambers 03-��,� Telephone: 612-266-6565 Facsimile: 612-228-33I4 Purpose: Rezone from B-2 (community business) to I2M-2 (mulri-family) to be consistent with project being built Staff Recommendarion: Approval Deaz Ms. Anderson: This application is scheduled to be heazd•by the City Council on June 5, 2003. Please notify Allen Lovejoy, (651) 266 - 6576 , if any member of the City Council wishes to have slides of the site presented at the public hearing. Sincerely, v vt�-��''� ! / Allen Love�oy � City Planner cc: City Council members . AA-ADA-EEO Employer -. ;.r-.. _.:� city of saint paul planning commission resoi��ion file number 03-48 date �9 9, 2oo3 WHEREAS, Mendota Homes, inc., File # 03-280-092, has pefitioned for a rezoning under the provisions of §64.400 of the Legislative Code and §462:357 of Minnesota Statutes, for the purpose of rezoning property located at 1071 South Cleveland Avenue, (PIN) 17-28-23-41- 0064, legal(y described as E 27 81l100 FT OF LOT 28 AND SUBJ TO CLEVELAND AVE LOT 30 AND ALL OF LOT 29 BLK 2 OF HIAWATHA PARK ADDITION; and WHEREAS, the Zoning Committee of the Planning Commission, on May 1, 2003, held a public hearing at which all persons present were given an oppo�Eunity to be heard pussuant to said petition 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 reflected in the minutes, made the foilowing findings of fact: 1. 7he app(icant requests rezoning from B-2 to RM-2 fo 6e consistent with the existing land • use, a three-story 11=unit residential condominium building currently under construction. RM-2 is as appropriate zone for such a project, and conforms to the zoning norfh and east of the site. When the Conditional Use Permit was approval by the Planning Commission in 2002, the Commission required the applicant to seek such a rezoning after building permi�s were issued. Building permits have been issued. 2. The proposed rezoning is consistent with the Housing Element of the Comprehensive Plan whi.ch states, "[e]ncourage the production of 300-400 housing units a year that can be sold or rented to smaller households...on sites fhroughout the city." 3. The proposed RM-2 zoning provides for "...more extensive areas of multipte family residentiai development [than the RM-1 zone]..." and aliows up to five stories and 50 feet in height, consistent with the cunent redevelopment of the site. 4. The proposed RM=2 zoning is compatible and consistent with the RM-2 zoning and existing mwitiple-family fand use immediately north and east of the site. �31�� NOW, THEREFORE, SE IT RESOLVED, that the Saint Paut Plann+ng Commission -- recommends to fhe Cify Council that the application of.Mendota Homes, Inc. to rezone property at 1071 South Cleveland Avenue.(P1N 17-28-23-41-0064) from B-2 Business to RM-2 Muiti- family Residential be approved. „ moved by Field . � seconded by in favor ��n�ous against 03- Saint Paul Planning Commission City Aall Conference CenEer • 15 Kellogg Boulevard West Minutes of May 9, 2003 A meeting of the Planning Commission of the City of Saint Paul was held Friday, May 9, 2003, at 830 am, in the Conference Center of City Hall. Commissioners Mmes. Donnelly-Cohen, Fazicy, McCall, Morton, Shomidge, and Trevino; Present: and Messrs. Alexander, Alton, Field, Fotsch, Gordon, Johnson, Kramer, Mazdell, and Mejia. Commissioners Mmes. *Zimmer I,onetti; and Messrs. *Anfang, *Dandrea, Gervais, Kong, and Absent: Rosales. - *Excused Also Present: Larry Soderholm, Planning Administrator; Allan Torstenson, Rich Malloy, Donna Drummond, Allen Lovejoy, Mazcus Maztin (PED Intern), and Mary Bruton, Department of Planning and Economic Development staff. • I. Approval of Minutes of Apn125, 2003 M01TON: Commissioner ponnelly-Cohen moved approval of the minutes of AprcT 25, 2003. Commissioner Mardell seconded the moiion. The motion carried unanimously on a voice vote. II. II • Chair's Announcements No announcements. Planning Adnuinistrator's Announcements City Council business on 517/03: Public hearing on the sports facility sponsorship sign proposal. It was laid over for two weeks to consider whether there shouid be some amendments based on the concems that were raised at the public hearing, i.e.: 1) a few citizens aze opposed to having any .. advertising on public properry; 2) people were concemed that the ordinance opens the door to advertising at ballpazks too wide (didn't want the colleges, universities, or lugh schools to have advertising); and 3) the feaz that the City won't be able to regulate cornent. Appeal on the carriage house on Montcaim Place. The Planning Commission's decision to approve the carriage house was reversed because the Council couldn't truly find that the old bazbeque house had been accupied. Rezoning for the townhouses on lower Payne Avenue tfiat aze being done by the Dayton's Bluff Neighborhood Housing Services is moving ahead. MOTION: Corasnzrsioner Pze1d moved to approve the red Iine additional wording in the • amended resolution. Commissioner Faricy seconded the motion. The motion carried unanimously on a voice voie NEW BUSINESS #03-280-092 Mendota Homes Inc. - Rezone from B-2 Communiiy Business to RM-2 Mulfipie- fam$y to be consistent with existing use. 1071 Cleveland Ave., NW corner at Magoffin. (AIZen Lovejoy, 651/266-6576) Commissioner Field stated no disirict comment was received. No one spoke in support. No one spoke in opposi@on. The pub2ic hearing was closed. The Zoning Committee recommended approval on a vote of 8-0. MOTION: Commissioner Field moved the Zoning Committee's recommendation to approve the rezoning. The motion caaried unanimously on a voice vote. . Comnussioner Fieid announced the agenda for the Zoning Committee meeting on May 15, 2003. #03-288-958 David Goldsmith - Rezone from OS-1 Office $ervice to RT-1 Two-family Residential for conversion of the building from office-residettce to a duplex 124 E. Page St,, SE corqer at State. (tlllen Lovejoy, 651/266-6576) #03-291-309 Target Corooration - Sign Variance to allow new pylon sign to project 55' above • grade (37.5' fieigLit maximum permitted). 1744 Suburban Ave., between Kennazd and White Beaz. (Penrry Simison, 651/266-6554) #03-289-941 Antfarm. Inc. - Sign variance to allow 23" sign projection over public sidewallc (12" allowed.) 523 Jackson St, NW comer of Jackson at 10'�. (Marcus Martin, 651/266-6551) #03-291-834 The River Citv Grono Inc. - Determination of similar use to allow a crematorium. 320 Spruce St., between Broadway & Pine. (PairiciaTames, 651/Z66-6639) #03-291-945 Metropofitan Airoorts - River Corridor Conditional Use Permit for new aircraft hangazs, with variance to allow wet flood proofing. 644 Bayfield St., Holman Field Mercury Site. (Patricia.7mnes, 657/266-6639) V. Comprehensive Planning Committee Commissioner Gordon reported the next meeting will be Tuesday, May 20, 2003. The agenda will include an update on the Riverview Corridor; review of CIB proposals; aad Metro Transit cuts. VI. Neighborhood and Current Planning Commiftee Stnilent Hoasiag Zoning Stndy - release for public review and set public hearing date for . • �3"1�� J PRESENT: STAFF: MINUTES OF THE ZONING COMMITTEE Thursday, May 1, 2003, 2003 - 3:30 p.m. Gity Council Chambers, 3rd F{oor City Haii and Court House 15 West Kellogg Boulevard Anfang, Alton, Faricy, Field, Gordon, Kramer, Mejia, and Morton Allen Lovejoy, Carof Martineau, Allan Torstenson, Peter Wamer The meeting was chaired by Commissioner Fiefd. Mendota Homes- 03-280-092 - Rezone from B-2 Community Business to RM-2 Multiple-family to be consistent with existing use. 1071 Cleveland Ave., NW corner at Mago�n. Ailen Lovejoy presented the staff seport wfth a recommendafian of approvaf to rezone. He also presented a letter from the Highland District Community Organizer requesting a privacy fence be a condition of approval for the rezoning. Commissioner Field, noted that the rezoning cannot legally require the privacy fence or its design. Erin Matthern, the appiicant, stated that Mendota Homes wilf replace the chain link fence with a privacy fence which is a part of the site plan review. No one spoke in support or opposition. �ublic hearing was closed. Commissioner Anfang moved approval of the rezoning. Commissioner Kramer seconded the mofion. The motion passed by a vote of 8-0. Adopted Yeas - 8 Nays - 0 Drafted by: Carol Martineau Recording Secretary Submitted by: ��Q�'�1�,, � AUea Lovejoy � Zoning Section •.. ., -. .� � /� � _�R�� 3 �� ZONING COMMITTEE STAFF REPORT • FIIE # �3-280-092 1. APPLICANT: Mendota Homes, Inc. HEARING DATE: May 1, 2003 2. TYPE DF APPLICATION: Rezoning 3. LOCATION: 1071 South Cleveland Avenue, NW comer at Mago�n 4. PIN & LEGAL DESCRIPTION: 17-28-23-41-0064, E 27 81/100 FT OF LOT 28 AND SUBJ TO CLEVELAND AVE LOT 30 AND ALL OF LOT 29 BLK 2 OF HIAWATHA PARK ADQITION 5. PLANNING DISTRICT: 15 PRESENT ZONING: B-2 6. ZONING CODE REFERENCE: §64.400 of the Zoning Code and Minn. Statutes §462.357 7. STAFF REPORT DATE: April 23, 2003 BY: Allen Lovejoy 8. DATE RECEIVED: March 28, 2003 DEADLINE FOR ACTION: May 20, 2003 A. PURPOSE: Rezone from B-2 Business to RM-2 Multi-family Residential to be consistent • wifh the existing use, a 3-story 11-unit residential building, as required by the conditional use permit for the building in 2002. B. PARCEL SIZE: 12,591 square feet C. EXISTING LAND USE: A 3-story, 11-unit residential building under construction. D. SURROUNDiNG LAND IiSE: To the east, new RM-2 density housing. To ihe south and west, single family houses. To the north, three 17-unit residential buildings. E. ZONtNG GQDE ClTAT10N: Seetion 64.400(a) of the zoning code psovides for rezoning of properLy by the City Council pursuant to the provisions of Minnesota Statutes §462.357. HISTORY/DISCUSSION: in 1953, the site was rezoned to commerciai from an industrial classification. In 2002, the Pianning Commission granted a special condition use permit to construct a three-story, 11-unit residentiai condominium building (Case #01-242-429) with the provision that a rezoning case for the sife be initiated after buiiding permits are issues for the condominium buiiding G. DISTRICT COUNCIL RECOMMENDATION: None received at the time of this report H. FINDINGS: � 1. The applicant requests rezoning from B-2 to RM-2 to be consistent with the existing land use, a three-story 11-unit residential condominium building curcently under construction. RM-2 is as appropriate zone for such a project, and conforms to the zoning north and east of the site. When the Conditional Use Permit was approval by the Planning a3-�� File # 03-280-092 April 23, 2003 Page 2 of 2 � Commission in 2002, the Commission required the applicant to seek such a rezoning after building permits were issued, Building permits have been issued. 2. The proposed rezoning is consistent with the Housing Element of the Comprehensive Plan which states, °[e]ncourage the production of 300-400 housing units a year that can be soid or rented to smatler households...on sites throughout the city." 3. The proposed RM-2 zoning provides for ° ,..more extensive areas of muttiple-family residenfial development [than the RM-1 zone].. ° and allows up to five stories and 50 feet in height, consiste�t witfi the current redevelopment of the site. 4. The proposed RM-2 zoning is compatible and consistent with the RM-2 zoning and exisfing multipte-family land use immediately north and east of the site. I. STAFF RECOMMENDATION: Based on findings 1 and 2 above, staff recommends approval of the request of Mendota Homes, Inc. to rezone property at 1071 South Cleveland Avenue (PIN 17-28-23-41-0064) from B-2 Business fo RM-2 Multi-family Residenfial. � � PETITION TO AMEND THE 20NING CODE Department ofPlanning and Economic DeveZopment Zonbtg Sedion 1400 City HaZI Annec 25 West Fourth SYreet 5aint Pau� MN SSIO2-1634 (65I) 26�6589 APPLICANT PROPERTY LOCATtON Property kL. City p,E7S�,vc�� St. �Zi 3 Daytime Phone(os1 (o°� �O l p � ��r Contact Person ('rf different) �� "H Phone Address i Location Legal Description_ (attach additional sheet "rf necessary) Zoning _�s� TO THE HONORABLE MAYOR AND CITY COUNCIL: Pursuant� to� 64.400 of the Saint Paul Zoning Ordinance and to Section 462.357(5) of Minnesota Statues, �Gt� �^�Ofti$ (�C �, owner and ro osed for rezonin hereb ��' f P p g, petition�you to r�ione the above described property firom a � zoning district to a �Z zoning district, for the Purpose of: ��L ��-' � `7 (attach additional sheets if necessary) Attachments as required: ❑ Ske Pian � Consent PetiEion � 77 � ��. �j��v3 ❑ Affidavit By: � �,- Fee Owner of Property � ��ec TiUe.�PS �(t�,[v ��h� d,{'kL}�✓ Page 1 of _ a3-,�� Subscribed d and�s / worn to before me this � b ""�/ day � � 03 - �a� v� r �iQ��.� � /Veu) B v �l � � �� p � �� F : $ : � � � �� _ � - �� -� - �. x z �� : '= . ;"- '� , , s ",. ,.. x .. .. . .. �.- - . a� �., "'s.� . - + ? :� - ' .._ �.�: . 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