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04-111Council File # SJ�1� ��\ Ordinance # Green Sheet # �� � � f `� 1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 Presented By Referred To ttee: 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: WHEREAS, Pursuant to Minnesota Statutes §462.357 and §64.400 of the Legislative Code, Wesland, LLC duly petitioned to rezone property at the Southeast corner of Marshall and Western, being legaliy described as PIN 01-28-23-12-0029, 01-28-23-12-0207 and 01-28-23-12-0030, Lot 2, Lot 3 ex E 44.58 Ft, and Lot 4 Blk 80, Dayton and Irvine's Addition to Saint Paul, from P-1 Parking to RM-2 Muitiple Family Residential; and WHEREAS, the Zoning Committee of the Planning Commission held a public hearing on November 25, 2003, for the purpose of considering the rezoning petition, and pursuant to §107.03 of the Administrative Code, submitted its recommendation to the Planning Commission for approval; and WHEREAS, the Planning Commission considered the rezoning petition at its meeting held on December 5, 2003, and recommended approval to the City Council; and WHEREAS, notice of public hearing before the City Council on said rezoning petition was duly published in the official newspaper of the City on December 26, 2003, and notices were duly mailed to each owner of affected property and property situated wholiy or partly within 350 feet of the property sought to be rezoned; and �I�i:ir:,i�► �::; �`' Adoption Certif By: Approved by May Sy: ORDINANCE CITY OF SAINT PAUL, MINNESOTA �� Requested by Department of: Plannin Economic ] v 10 m t By: Approved by Financial Services By: —1�— Form Approved by City Attomey D`� 20 WHEREAS, a public hearing before the City Councii having been conducted on January 7, 2003, at which ali 21 interested parties were given an opportunity to be heard, the Council having considered all the facts and 22 recommendations concerning the petition; now, therefore 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: Section 1. That the zoning map of the City of Saint Paul, Sheet Number 20, as incorporated by reference in §60.301 of the Saint Paul Legislative Code, as amended, is hereby further amended as follows: That the property at the southeast corner of Marshall and Western, being more particularly described as: Lot 2, Lot 3 ex E 44.58 Ft, and Lot 4, Blk 80, Dayton and Irvine's Addition to Saint Paul be and is hereby rezoned from P-1 to RM-2. Section 2. This ordinance shall take effect and be in force thirry (30) days from and after its passage, approval and publication. DEPARTMENT/OFFICE/COUNCII.: DATE INTTIATED GREEN SHEET No.• 3010115 ��,` PED 1/09/04 ' CONTACT PERSON & PHONE: � riVl'CIAL/DATE RvITIAL/DnTE Patricia 7ames 6-6639 D�rnx�T Dm crrr cov�vcu, MUST BE ON COUNCII, AGENDA BY (DATE) �SIGN _ CI1Y ATIORNEY _ CTTY CLERK N�J1yIgEg FINANCTAL SERV DIl2. FINANCIAL SERV/ACCTG r,pg MAYOR(ORASST.) _CIVII.SERVICECOIvIMISSION ROUTING ORDER TOTAL # OF SIGNATORE PAGES _1_(CLIP ALL LOCATIONS FOR SIGNATURE) ACT[ON REQUESTED: Adopt ordinance memorializing City Council action approving rezoning of property at the southeast corner of Marshall and Western from P-1 Parldng to RM-2 Multiple Family Residential. Public hearing held January 7, 2004. RECOMMENDATIONS: Approve (A) or Reject (R) PERSONAL SERVICE CONTRACTS M[JST AIVSR'ER THE FOLLOWIlYG QUESTIONS: PL.ANNING COMMLSSION 1. Has this person/firm ever worked under a contract for this department? CIB COMMTI'TEE Yes No CIVII, SERVICE COMMISSION 2. Has this person/firm ever beea a ciry employee? Yes No 3. Dou this person/firm possess a skill not nomtally possessed by any current c�Ty ecnployee? Yes No Explain all yes answers on separate sheet and attach to green sheet INITIAITNG PROBLEM, ISSUE, OPPORTUNII'1 (Who, W6at, W6en, W6ere, Why): WCS�.8llC1 I,I.0 ICCjUCStC(1 TEZOrilrig piOpeT"l}� 8t tI1C southeast corner of Marshall and Western from P-1 Pazldng to RM-2 Multiple Family Residential. The City Council approved the rezoning on January 7, 2004, after a public hearing anvaNrncES iF arrxovEn: Rezoning ordinance will be adopted per City Council intent. DISADVANTAGES IF APPROVED: none DISADVANTAGES IF NOT APPROVED: City Council action will not be completed. TOTAL AMOUNT OF TRANSACTION: COST/REVENUE BUDGETED: FIJNDING SOURCE: ACTIVITY NUMBER: FINANCIAL INFORMATION: K�ZONRJG\03-390-104 �ern sM1cet wpd � ����€C�! ��PR�@f 11 : DEPARTMENT OF PLANN7NG & ECONOMIC DEVELOPMENT Martha G. Fuller, Director CITY OF SAlNT PAUL Randy C. Kelly, Mayor November 17. 2003 25 West Fourth Street Saint Paul, MN 55102 D�f-�� I 1=f ,..e�°_ � . . � Teleph one: 651-266-6700 Facsimile: 651-228-3220 C v`v`*''.iisil °U�"�-_r'_. .*' _. j Ms. Mary Erickson ��� � � ���� City Council Research Office Room 310 City Hall Saint Paul, Minnesota 55102 Dear Ms. Erickson: I wouid like to confirm that a public hearing before the City Council is scheduled for Wednesday, December 17, 2003, for the following zoning case. Zoning File Number: Applicant: Address: Purpose: Previous Action: 03-390-104 Wesland, LLC SE corner of Marshall and Western Rezoning from P-1 Parking to RM-2 Multiple Family Residential Zoning Committee Recommendation: approval, 6-0-1, November 25, 2003 Planning Commission Recommendation: scheduled for December 5, 2003 I have confirmed this day with Councilmember Blakey's office. My understanding is that this public hearing request will appear on the agenda for the December 10, 2003, City Council meeting and that you will publish notice of the hearing in the Saint Paul Legal Ledger. Please call me at 226-6639 if you have any questions. ' � /'� ' �I �'�`-�. Patricia James City Planner cc: File #: 03-390-104 Applicant: Wesland, LLC Paul Dubruiel Wendy Lane Carol Martineau Allan Torstenson NOTICE OF PUBLIC HEARiNG 7'he Saint Paul City Council will eon- duct a publie hearing-on Wedaesday, De- cember 1'�, 2003, at 5:30 p.m. in the City Council Chambers, Tlvrd FToor, City Hall to consider the applieation of Wesland, LLC W rezone pmperty at the southeast corner of Ma,�hatl and Western Avenues &om P-1(Ratking) to 7.LM-2 (Multiple �'am- ily Residential). - Dated: December- Y, 2003 � " MARY ERICKSON, Assisranc city cu,u.cil. secrerazy � tDecember 4) --= Sx PADG Id�'•GAL'LBDGBF . - zzo�ssos AA-ADA-EEO Employer DEPARTMENT OF PLANNMG & EWNOMIC DEVELOPMENT Martha G. Fu[ler. Director Sq3tiT PAUL � AAAA CITY OF SA1NT PAUL Randy C. Ke[ly, Mayor December 29, 2003 Ms. Mary Erickson City Council Research Office Room 310 City Hall Saint Paul, Minnesota 55102 25 Wut Fourth Streer Satnt Pau1, ��5102 oY-��i � Telephone: 657-266-6700 Facmmile: 651-2283210 Re: Zoning File #: 03-390-104 Applicant: Wesland, LLC Address: SE comer of Marshall and Western. Purpose: Rezone from P-1 Parking to RM-2 Multiple Family Residential. City Council Hearing: January 7, 2004, 5:30 pm., City Council Chambers Staff Recommendation: District Council: Zoning Committee Recommendation: � Support: Opposition: Planning Commission Recommendation: Staff Assigned: • Approval District 8 recommends approval Approval, vote: 6- 0- 1 No one spoke, 1 letter in support 0 vote: Approval, unanimous (1 abstention) Pah-icia 7ames, 266-6639 Attachments: Planning Commission resolution Planning Commission minutes, December 5, 2003 Zoning Committee minutes, November 25, 2003 Correspondencereceived Staff Report packet cc: Applicant: Wesland, LLC City Council Members Dishict Council: 8 Wendy Lane Larry Soderholm Allan Torstenson Peter Warner LWu�anda�Zonmg\CCdocs\03390-104dec1]-03cccl.wpd !W-ADA-EEOEmployer oy�� � r • city of saint paul planning commission resolution file number o3-111 date December 5, 2003 WHEREAS, Wesland, LLC, File # 03-390-104, has applied for a rezoning from P-1 Parking to RM-2 Muitiple Family Residential under the provisions of §64.400(b) of the Saint Paui Legisiative Code, on property located af the southeast corner of Marshall and Western, Parcel Identification Numbers (PIN) 01-28-23-12-0029, 01-28-23-12-0207, and 01-28-23-12-0030, legally described as Lot 2, Lot 3 ex E 44.58 Ft, and Lot 4, Blk 80 Dayton and Irvine's Addition to Saint Paul; and WHEREAS, the Zoning Committee of the Planning Commission, on November 25, 2003, held a pubiic hearing at which all persons present were given an opportunity to be heard pursuant to said appiication 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 substantiaily reflected in the minutes, made the foilowing findings of fact: 1. The appiicant is proposing to rezone the lots at the southeast corner of Marshall and Western from P-1 to RM-2 in order to buiid a condominium apartment building. 2. The property is in the Historic Hill Heritage Preservation District. Designs for the project must be approved by the Saint Paul Heritage Preservation Commission. The applicant has also applied to the Board of Zoning Appeais for variances for the project. 3. The proposed multi-family use and zoning are consistent with the surrounding land uses and zoning. The area is largely multiple family residential and the surrounding zoning is RM-2. Prior to a zoning change in 1996, the land was aiso zoned RM-2. 4. The area is densely populated avith a number of apartmenf buildings on relatively smali lots with little or no off-street parking. However, the existing adjacent multiple family buildings are not required to provide additional parking for their residents. The current P-1 zoning does not permit any use on the property but parking. The parking lot for wf�ich the P-1 zoning was approved was nzver constructed. 5. The Saint Paul Comprehensive Plan chapters on land use and housing recommend creating a variery of types of housing at ail levefs of affordability (Housing Policy 5.4; Land Use Policy 5.3.1). NOW, THEREFORE, BE IT RESOLVED, that the Saint Paui Planning Commission, recommends to City Council, that the application of Wesland, LLC for a Rezone from P-1 Parki^g te RM-2 M,ultiple Family Residential for property at the southeast corner of Marshall and Western be approved. moved by Kramer seconded by in favor against 14-0 with 1 abstention (Faricy) v � «i MINUTES OF THE ZONING COMMITTEE Thursday, November 25, 2003 - 3:30 p.m. City Council Chambers, 3rd Floor City Hail and Court House 15 West Kellogg Boulevard- PRESENT: ABSENT: STAFF: Alton, Faricy, Field, Gordon, Kramer, Morton, and Mejia Anfang Patricia James, Carol Martineau, Allen Torstenson and Peter Warner The meeting was chaired by Commissioner Field. r� �J Wesland, LLC- 03-390-104 - Rezone from P-1 Parking to RM-2 Multipie Family Residential. SE corner of Marshall and Western. Patricia James presented the staff report with a recommendation of approval for the rezoning. She also stated District 8 supports the rezoning with some concem pertaining to the design of the building and one letter of support with concems was received. Sprios Zorbalas, representative of the applicant, stated they met with the neighborhood groups for input on the project. He also stated this project is consistent with the zon(ng code. At the question of Commissioner Morton, Mr. Zorbalas stated there would be 68 for sale condominiums with� underground parking. At the question of Commissioner Gordon, Mr. Zorbalas stated they have heard no objections to the rezoning. No one spoke in support or opposition. The public hearing was closed. Commissioner Gordon moved approval of the rezoning. Commissioner Morton seconded the motion. Adopted Yeas - 6 Nays - 0 Abstained - 1(Faricy) Drafted by: ����e�J Carol Martineau Recording Secretary . Submitted by: atricia James Zoning Section Approved by: Litton Field Chair • o �-lil Summit University Planning Council BuiZding a Better Community 627 Se1by Avenue Saint Paul, MN 55104 November 21, 2003 Attn.: Patricia James Department of Planning and Economic Development — Zoning Section 1400 City Hall Annex 25 West Fourth Street Saint Paul, MN 55102 - 1634 Phone:651-228-1855 Fas:651-225-1108 district8�tcpostcom RE: Rezoning — SE Comer of Mazshall at Western # 03-390-104 Deaz Ms. James: The Suimnit-University Planning Council (SUPC) — District 8 received notification of the above noted Rezoning Request for the properry at SE corner of Mazshall at Western on or about November 7, 2003. The Purpose of the Notification included: "Rezone from P-1 (parking) to RM-2 (multiple- family)". The SUPC Neighborhood Development Committee had scheduled a preliminary review of this development project at their October 21, 2003 Community Meeting. A Task Farce was established to delineate and summarize the community's concerns and suggestions. Please find attached the Notes of the November 10, 2003 Task Force Meeting. The rezoning issue and proposed development "concepP' were placed on the Neighborhood Development Committee's Community Meeting Agenda on November 18, 2003. 825+ fliers (see attached flier / Meeting notice) had been distributed throughout the community regarding these Meetings. 23 community residents and agency representatives attended the November 10, 2003 Task Force Meeting, and approximately 95 people attended the November 18, 2003 Community Meeting. The owners and developers of the property were present and provided and extensive overview of the proposed project and answered questions from those present about the massing, density, traffic, parking, and safety issues for this intersection. A motion was made to "approve the rezoning of the parcel from P-1 to RM-2 for the purposes of developing residential housing units within a required building height of no more than 4 stories that meets the historic guidelines of the area and will not require any variance requests to construct." 38 persons indicated support for the Motion. 11 persons indicated opposition to the Motion, with the remainder of those present abstaining. The Motion passed as moved. Discussion continued with the developer indicating the basis for their proposal both as regards the financial feasibility and quality of the proposed building and its design. A Task Force will meet with the developer in order to explore a building design that will be consistent with the suggestions and considerations of all � munity and project stakeholders. The Neighborhood Development Committee unanimously approved proposed Zoning Change Request to "Rezone from P-1 (parking) to RM-2 (multiple-family)" on the SE corner of Marshall and Western, and will refer its recommendation to the SUPC Board at its November 25, 2003 Meeting. This project will also be considered at the Neighborhood Development Committee's December 16, 2003 Meeting. (1) �� i�� Thank you far your anticipated attention to these matters. If we can be of any fiuther assistance, please do � not hesitate to contact our office. Sincerely, � James 3:� cDonough Jr., Ph.D. Executive irector Cazl Nelson Vice-Chair, Summit-University Planning Council — District 8 Attachments: Neighborhood Development Committee — Westem and Mazshall Task Force Notes — 11/10/2003 November 18, 2003 Community Meeting Flier cc: SUPC Boazd of Directors S • (Z) a� iii ZONING COMMITTEE STAFF REPORT • FILE #03-390-104 1. APPLICANT: Wesland, LLC HEARING DATE: November 25, 2003 2. TYPE OF APPLICATION: Rezoning 3. LOCATION: SE corner of Marshall and Western 4. PIN & LEGAL DESCRIPTION: 01-28-23-12-0029, 01-28-23-12-0207, 01-28-23-12-0030; ex E 44.58 Ft. Lot 2 and all of Lots 3 and 4, Blk 80, Dayton and irvine's Addition to St Paul 5. PLANNING DISTRICT: 8 EXISTING ZONING: P-1 6. ZONING CODE REFERENCE: §60.450; §64.400(b) 7. STAFF REPORT DATE: November 14, 2003 BY: Patricia James 8. DATE RECEIVED: November 25, 2003 DEADLINE FOR ACTION: January 24, 2004 A. PURPOSE: Rezone from P-1 Parking to RM-2 Multiple Family Residential. B. PARCEL SIZE: 116.5 ft. (Western) x 167.67 ft. (Marshail) = 19,533.5 sq. ft. C. EXISTING LAND USE: vacant (P-1) D. SURROUNDING LAND USE: North: multi-family residential (RM-2) East: duplex; multi-family residentiai (RM-2) South: multi-family residential, commercial (RM-2, B-2) West: multi-family residential (RM-2) � E. ZONING CODE CITATION: §60.450 lists uses permitted in the RM-2 district; §64.400(b) provides for changes to the zoning of property initiated by the property owner. F. HISTORY/DISCUSSION: In 1987 and 1988 a number of variances were approved to permit an apartment building to be moved onto these lots and a lot fronting on Dayton Avenue (Zoning File #'s 10124 and 10276). In 1990 variances for lot coverage, density, and setback were approved to permit construction of a 36-unit apartment buiiding on these same lots (Zoning File # 10608). in 1996 the City Council approved a rezoning of these lots from RM-2 to P-1 so that a parking lot could be constructed (Zoning File # 96-054). None of these projects ever came to fruition. G. DISTRICT COUNCIL RECOMMENDATION: None received at the time the staff report was prepared. H. FINDINGS: 1. The applicant is proposing to rezone the lots at the southeast corner of Marshall and Western from P-1 to RM-2 in order to build a condominium apartment building. 2. The property is in the Historic Hill Heritage Preservation District. Designs for the project must be approved by the Saint Paul Heritage Preservation Commission. The applicant has also applied to the Board of Zoning Appeals for variances for the project. 3. The proposed multi-family use and zoning are consistent with the surrounding land uses and zoning. The area is largely multiple family residential and the surrounding zoning is RM-2. Prior to a zoning change in 1996, the land was also zoned RM-2. 4. The area is densely populated with a number of apartment buildings on relatively small Iots with little or no off-street parking. However, the existing adjacent muitiple family buildings are • not required to provide additional parking for their residents. The current P-1 zoning does not permit any use on the property but parking. The parking lot for which the P-1 zoning was approved was never constructed. o � �ii Zoning File # 03-390-104 Zoning Committee Staff Report page 2 5. The Saint Paul Comprehensive Plan chapters on land use and housing recommend creating a variety of fypes of housing at all levels of affordability (Housing Policy 5.4 Land Use Policy 5.3.1). STAFF RECOMMENDATION: Based on the above findings, stafF recommends approval of the rezoning from P-1 Parking to RM-2 Multiple Family Residential. � � L.J u PETITION TO AMEND THE ZONING CODE Depmtment of Planning and Economic Development Zoning Sectiorz I400 City Hall Annex 25 West Fourth Street Saint Paul, MN 55102-I634 (65I) 266-6589 APPLICANT Property Owner �es City �`f-/Il � 'rnNZ� c$slD o? Daytime Contact Person (if different) Phone I Address / Location PROPERTY LOCATION Legal Description_ (attach additional sheet if necessary) TO THE HONORABLE MAYOR AND CITY COUNCIL: .f- Zoning }�� � Pursuant to Section 64.400 of the Saint Paul Zoning Ordinance and to Section 462.357(5) of Minnesota Statues, . , . , w¢S� �.nd /.�� , owner of land proposed for rezoning, hereby petitions you to the above described property lram a t�' — t zaning district to a �YV1-� zoning district, for the purpose of: �� �d � y, 0. ��cd-rw.,.a�" �n. �� 1J)4�'�'� !F'r�¢. � ��.�,�- ��f� �� (attach additionat sheet(s) if necessary) Attachments as required: �Site Pian Subscribed and sworn to before me this ��' day of 20 0 �. � �� �-s..,��,,� � � ° ���3�f�OO2.�r � °���d��*;�;?t 'r j �t Grnn�0 1'�-+/1 � JM USQ.o�- �Q � e�� ���i� ri-5-o3 P`�� /� ao _ vc� � Consent Petition � � PAPAELA GILBERT � : NOTARYPUBIJC-MIN�;ESOTA �� � MY COMM}SSiON ' ��;;•`'' EXPIRES JAN. 37, 2�5 Notary Public ,. ❑ Affidavit l.1-.0 Fee wner of Prope � � �� Page 1 of � 0 W � Z W Q J J _ J � 0 2 Q U U5,`-l!/ W Q Z � w F � ~ �� W W > z Q � J J _ � na Y � � � � 6 ¢ � w � J N II < 2 O F 1-�OZ Z � f LL J o � � C�-2 y F OY.O Q ZO O m Om�F U F I-� J �LLhl9 N n � 5 y J p (� O W � W (� m � � o � � w w C' Q 2 Q U i 1- _ 0 o a � z �» 0 3 � H OUO FV q� WW 2' O ii0 400 . mn o'u- O a � ¢ �mrnnnmq9 `�� �`� �m �n� z �. � °��� �N �� aa ¢ �� �° o w�z ;,n na nm.�°o ga o ° w '�'- yi� o��rnm°°'°`"�n� W ° p O 2lq W O Wd'yq viWU' R'W W W O 0� w wU� � >�C KO E U6> > Onj�2j>�7j�7> � amQ O UWpdy40-QOmQO p ¢w¢ a t ti g, owsm¢¢a ¢aw�a � < a � o 5 � �- N CI < yj d �� 0 z O N Z � � U ) _� ;L__J W 6 Z � � W y W u ' P > ¢ � ln '� O Z 1- Ci � � W z �n �Qd CJJp �Ww � O � o � z Q U � � 41 � � F � � U' y F� �- w �a� � W W Q � � � ZJ W p`V Q Q � ZFa_ �� � m r/ p r--- -- LL � ��_ ' Q � _ _ _ _ _ _ _ — — _ l � i W U � IU2� W Z + I 9 Y W I �U �� c�an � � � zc � I F LL Z Z � N y F- ti � Wm�O \ o II I a o �o co �� I' I '�� � w � � c � U � O ¢aw woz oI¢ow zarvc � 3f1N3nV N2131S3M �a m� nm a ¢ W Y U �r �l Y m � m ¢o N m O� K �`! 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L--- � �'--�--�°� � � . � � � � r�, k � � .� '�J �: � �; r.i�'""�'� � �� 1 {� � _.. �.� � :���c� ���� � � �-- _ _ _ .-_. -_rW .:. - ------ ,�.. - -- - �. d1raQ '•�� --- _ '—_. — � LEG�N� �JRPOJE � I � ,`� � �,s zoning dlslricf tvund=_y �� ' DP�7E r" � �� ��'T1Z'L su5;=c1 prop � n'`- o.;;�=- �LtdG. DIST� p.1A° r �� o on_ tar,�il� ,,� 1 ' . ^ com��=;:;,� - j _ �� ¢ r;;o tamiiy �-�- ;c_ _ , o .�.� indusir��� ... �¢n f�ulf�?�= f3.Til , . l' _ . ., . Y _ ti' v2C?.9! . - I�'� -/1/ ��-7` �—� � CHRiS1' HOUS�} O� FAiTy, �� ��. �z� Summit-University Planning Council Neighborhood Development Committee Community Meetings Tuesday — October 21, 2003 — 6:00 p.m. — 7:00 p.m. Purpose: 1. 371 Selby Avenue — Moscow on the Hill — application to upgrade liquor license from a(C) to a(B) due to the expansion of the facility. 2. Update on 998 Dayton Avenue — major variances requested to split this parcel and build a single- faxnily home. �> 3�?. Ipdate on Western Street and Marshall Avenue proposed 68-unit condo project. 4. Update on Holly Avenue alley concerns and Saint Paul Church Home. 5. Update and review the developments at Dayton Avenue and Dale Street and Victoria Street and Selby Avenue. 6. Initial discussion of review and revision of Summit-University Small Area Plan —"Neighborhood Development — Purpose and Process". 7. 25 North Dale — Informational Update on properry development. 8. Other agenda items to be determined ... Tuesday — November 18, 2003 — 6:00 p.m. — 7:00 p.m. Purpose: Update on Jimmy Lee Recreation Center refurbishing and expansion project. 2. Update on Transit Oriented Development Study for University Avenue and Dale Street. 3. Other agenda items to be deternuned ... Location: St. Albans Community Room 665 Selby Avenue Saint Paul, MN 55104 Attention: Due to road construction, please enter the rear door to the community room. Please callthe Smiunit-University Plaiming Council with questions — (651) 228-1855 o�-«i �P, Rp � Za�6,�z� s ��a�P� �2� R�f �L-,2 Gq+ ��8 � �E,�o:.f.c.IG — '�i %a � 2r Bz - ��/k,;_� �ro oAPast � ,on1 - �N.rO 5,a! Ua� - � e n Oti-12 �/t�T �sF %N� P<-Po� - �'1� Jo�O,� � I r 3 f�I1�-K �� 6ia � co,..mk�.l: � 'D,(, S..iP�°a>�-� REZo,�,a U -'�',aeT o� co�.P P�aJ Board of Directors President Reverend Darryl Spence Treasurer Gail Graham Secre[ary Matthew P. Downs Vice Chair Carl Nelson Manuel Melendez, Jr. Community Improvement And Safety David Peterson / Robert Hickman Neighborhood Development Cary Rembert Outreach Steve Wilsun, Hallie Q. Brown Alice Neve Lezington Outreach Library Reverend David Stewart Dayton Avenue Presbyterian Church Harry Oda University IJNITED Paul Rhodes Sr. StaNey Gardner Morgen Lindquist Mary Gardner Amy Michael Kathy Wilson I{halid Effendi Tracey Jackson Sraff Executive Director James J. McDouougA Jr., Ph.D. Communily Crime Prevention Coordinator Oftice Manager Jean Doyle Summit University Planning Council Bui[ding a Better Community 627 Selby Avenue Saint Paul, MN 55104 REG January 2, 2004 Attn.: Council Member Kathy Lanhy Room 320C City Hall 15 West Kellogg Boulevazd Saint Paul, MN 55102 Dear Council Member Lantry: - o5�-i� � �Z� Phone:651-228-1855 Fax:651-225-1108 ,AN p2 2 p03 diStriCtB@tcpost.com COA H �� RE: Appeal a Decision of the Board of Zoning Appeals Approving Several Variances in Order to Build a 69-unit Condominium Building at the Southeast Corner of Western and Marshall Avenues The Summit-University Planning Council (SUPC) — District 8 received notification of the above noted "Appeal a Decision of the Board of Zoning Appeals Approving Several Variances in Order to Build a 69-unit Condominium Building at the Southeast Corner of Western and Marshall Avenues" on December 26, 2003. The SUPC Neighborhood Development Committee (November 18, 2003) and Board of Directors (November 25, 2003) supported the following position: "to approve the rezoning of the parcel from P-1 to RM-2 for the purposes of developing residential housing units within a required building height of no more than 4 stories that meets the historic guidelines of the area and will not require any variance requests to construct." This position was supported by the following findings: 1) The property at 226 Western Avenue NoMh can be put to a reasonable use under the strict provisions of the code. 2) The proposed variances are not in keeping with the spirit aud intent of the code, and are inconsistent with the health, safeTy, comfort, and welfare of the inhabitants of the City of Saint Paul. 3) The request for the variance appears to be based primarily on a desire to increase the value or income potential of the parcel of land. This position has remained unchanged since the decisions made in November 2003 and thus these findings and recommendations support the above appeal of the Board of Zoning's decision to approve the requested va: iances. �'lease ird encicsed severa] attachments regarding these issues. Thank you for your anticipated attention to these matters. If we can be of any further assistance, please do not hesitate to contact our office. Sinc ely, James . cDon�bt�g � Jr., Ph.D. Executive "rector � cc: SUPC Boazd of Directors Attachments: SUPC Letter to Board of Zoning Appeals — December 4, 2003; SUPC Letter to PED — Zoning Section — November 21, 2003; Letter of Concern — SUPC Sub-District D— November 24, 2003; SUPC Task Force Notes — iVovember 10, 2003; Neighborhood Development Committee Agendas — December 16, 2003 / November 18, 2003 / October 21, 2003. D� / 6 / Summit University Planning Council District 8 Building a Better Communiry 627 Selby Avenue Saint Paul, MN 55104 Board ofD'uectors President Revereud Darryl Spence Trrasurer Gail Graham Secretary Matthew P. Downs Vice Chair Carl Nelson Manuel Me7endez, Jr. Community Improvement And Safety David Peterson / Robert Hickmav Neighborhood Develapment Cary Rembert Outreach Steve Wilson, Hailie Q. Brown Alice Neve Lesington Outreach Library Reverend David Stewart Dayton Avenue Presbyteriao Church Harry Oda University UNTTED Paul Rhodes Sr. Stanley Garduer Morgeu Lindquist Mary Gardner Amy Michael Kathy Wilson I{ahiid Effendi Tracey Jackson Sraff ExecuHve Director James J. McDonough Jr., P6.D. Community Crime Prevenfion Coordinaror December 4, 2003 Atin.: John Hardwick Boazd of Zoning Appeals Office of License, Inspection, and Envirotvnentai Protection 300 Lowry Professional Building 350 St. Peter Street Saint Paul, MN 55102 - 1510 Deaz Mr. Hardwick: Phone:651-228-1855 Fax:651-225-1308 dishiciS@tcpost.com RE: Major Variance Requests 226 Westem Avenue North The Suinmit-University Plamung Council (SUPC) — Dish 8 received notification of the above noted Major Variance Requests for the property at 266 Western Avenue North on November 20, 2003. The Purpose of Major Variance Requests included: "Several variances in order to construct a 6-story 69-unit condominium building on the southeast corner of Marshall and Western Avenues 1.) Lot coverage of 30% is allowed and coverage of 49% is proposed, for a variance of 19% (4,804 square feet). 2.) A sideyard setback of 37.5 feet is required and a setback of 15 feet is proposed, for a variance of 17.5 feet on each side. 3.) A building height of 5-stories or 50 feet is allowed and a height of 6-stories and 75 feet is proposed for a variance of 1-story and 25 feet. 4.) The 69 dwelling units require 103 off-street parking spaces and SO spaces are proposed, for a variance of 23 spaces. 5.) The parcel size permits 82 zoning rooms and 165 rooms are proposed, for a variance of 83 rooms (49,800 square feet). 6.) Trash storage and recycling is not permitted in any required yard except a rear yard. The applicant is proposing to locate the storage area in a required side yard on the southeast corner of the building. ". The SUPC Neighborhood Development Committee reviewed these Major Variance Requests and the Rezoning Request at its Coxnmunity Tdeetir_g Y!eld on November 18, 2003. 825+ flier notices (see attached) were distributed regarding this proposed development throughout the community. 95+ people and agency representatives attended this Meeting. The owners / developers of the above noted property at 226 Western Avenue North, presented an extensive overview of the proposed project. They reported that they had redesigned the 6�` story (top floor) so that it wiil be setback from the outer wall of the building and thus not be visible from the street level sight line. In addition, they had agreed to major exterior and materials changes in order to receive approval from the Heritage Preservation Commission. Community members present expressed concerns about the massing and density of the proposed pro}ect,and its unpact on the tr�c / pedestrian safety and parking availability azound this already busy intersection. The developers were firm that their calculations regazding the financial feasibility of the proposed developmern required a 5`" and 6`�' floor be included. Many in attendance disagreed. A list of concerns and issues regazding the proposed project had been prepared at a Community Meeting held on November 10, 2003 (see attached Meeting Notes). In addition several written letter, emails, and phone ca11s were received in the SUPC Office expressing "opposition" to the development as.proposed. (i) d�-��� A SUPC Boazd Member asked if the Environmental Protecrion Agency (EPA) would be involved, since the site had been an old gas station. The developer stated that they will need to dig down, and make sure the hole is "clean" before building on the site. Another SUPC Boazd Member presented an informal, but thorough survey of units within a 1 block radius of the surrounding azea; the results indicated 315 units x 1.5 people per unit = 675 people. A lengthy discussion of the proposed project and neighborhood concerns expressed by those present ensued. A Motion was made to: "approve the rezoning of the parcel from P-1 to RM-2 for the purposes of developing residential housing units within a required building height of no more than 4 stories that meets the historic guidelines of the area and will not require any variance requests to construct." 38 persons indicated support for the Motion. 11 persons indicated opposition to the Motion, with the remainder of those present abstauung. 2 letters / 1 email / and 1 phone call were received expressing support of the sense of the above motion. � The Motion passed as moved. The Neighborhood Development Committee presented the results of the Community Meeting on November 18, 2003 to the SUPC Board of Directors at their November 25, 2003 Meeting, and the motion to approve the rezoning of the parcei was approved along with approval of the denial of the variances requested for the proposed project. The SUPC Board indicated, along with its support of the morion noted above that was made at the Communiry Meeting on November 18, 2003, its position that: 1) The property at 226 Western Avenue North can be put to a reasonable use under the strict provisions of the code. 2) The proposed variances are not in keeping with the spirit and intent of the code, and are inconsistent with the health, safety, comfort, and welfare of the inhabitants of the City of Saint Paul. 3) The request for the variance appears to be based primarily on a desire to increase the value or income potential of the parcel of land. The Neighborhood Development Committee members, SL7PC Boazd Members, community members, and the owners / developers had agreed to meet and discuss fi�rther their concerns and issues. A meeting was held on December 2, 2003, with no apparent resolution and / or movement on the divergent positions. This proposed project will be reviewed and updated at SUPC's Neighborhood Development Committee Meeting scheduled for December 16, 2003 (see attached Agenda). Sinc el , , �\ �� TauieS . l�c�o ugh Jr., Ph.D. Cazl Nelson Executive Direct Vice-Chair, Summit-University Planning Council District 8 Attachments: Community Meeting Notes of November 10, 2003 ` Community Meeting flier — November 18, 2003 Community Meeting Agenda for December 16, 2003 cc: SUPC Boazd of Directors (2) a�-s�i Summit University Planning Council Building a Better Community 627 Selby Avenue Saint Paul, MN 55104 BOQT(IOf D!T¢C10/S President Reverend DarrylSpence Treasurer Gail Graham Secretary Matthew P. DownS Vice Chair Carl Nelson :Vlanuel Melendez, Jr. Commuoity Improvement And SafeTy David Peterson / Robert Hickman Neighborhood Development Cary Rembert Outreach sreve wilson Hallie Q. Browu Alice Neve Lexington Outreach Library Reverend David Stewart Dayton Avenue Presbyterian Church Harry Oda University L1N1'LED Paul R6odes Sr. Staniey Gardner Morgen Lindquist Mary Gardner Amy �[ichael ICathy Wiison Kahlid Effendi Tracey Jackson Staff ExecuHve Director James J. McDonough Jr., Ph.D. Community Crime Prevention Coordinator Office Manager Jean Doyle November 21, 2003 Attn.: Patricia James Depamnent of Plaunnig and Economic Development — Zoning Section 1400 City Hall Annex 25 West Fourth Street Saint Paul, MN 55102 - 1634 Dear Ms. James: Phone: 651-22&1855 Fax:651-225-1308 districffi@tcpostcom RE: Rezoning — SE Corner of Marshall at Western # 03-390-104 The Smnmit-Universiry Planning Council (SUPC) — District 8 received notification of the above noted Rezoning Request for the property at SE comer of Mazshall at Western on or about November 7, 2003. The Purpose of the Notification included: "Rezone from P-i (parking) to RM-2 (multiple- family)". The SUPC Neighborhood Development Committee had scheduled a prelimivaty review of this development project at their October 21, 2003 Community Meeting. A Task Force was established to delineate and suminarize the community's concerns and suggestions. Please fmd attached the Notes of the November 10, 2003 Task Force Meeting. The rezoning issue and proposed development "concepY' were placed on the Neighborhood Development Committee's Community Meeting Agenda on November 18, 2003. 825+ fliers (see attached flier / Meeting notice) had been distributed throughout the community regarding these Meetings. 23 community residents and agency representatives attended the November 10, 2003 Task Force Meeting, and approximately 95 people attended the November 18, 2003 Community Meeting. The owners and developers of the properiy were present and provided and extensive overview of the proposed project and answered questions from those present about the massing, densiry, traffic, parking, and safety issues for *his intersechon. A motion was made to "approve the rezoning of the parcel from P-1 to RM-2 for the purposes of developing residential housing units within a required building height of no more than 4 stories that meets the historic guidelines of the area and will not require any variance requests to construct." 38 persons indicated support for the Motion. 11 persons indicated opposition to the Motion, with the remainder of those present abstaining. The Motion passed as moved. Discussion continued with the developer indicaring the basis for their proposal both as regards the financial feasibility and quality of the proposed building and its design. A Task Force will meet with the developer in order to explore a building design that will be consistent with the suggestions and considerafions of all community and project stakeholders. The Neighborhood Development Committee unanimously approved the proposed Zoning Change Request to "Rezone from P-1 (parking) to RM-2 (multiple-family)" on the SE corner of Mazshall and Western, and wili refer its recommendation to the SUPC Board at its November 25, 2003 Meering. This project will also be considered at the Neighborhood Development Committee's December 16, 2003 Meeting. (1) a�-i�i Thank you for your anticipated attention to these matters. If we can be of any fixrther assistance, please do not hesitate to contact our office. Sincerely, James�`.�onou r., Ph.D. v�ICazl Nelson Executive ector Vice-Chair, Siunmit-University Planning Council — Disirict 8 Attachments: Neighborhood Development Committee — Westem and Mazshall Task Force Notes — 11/10/2003 November 18, 2003 Community Meeting Flier cc: SUPC Board of Directors (2) �-ii i November 24, 2003 Letter of Concern Reeardins Planned Develonment of MazshalllWestern Proneriv A mimb� of us who have attende� the Summit-Univ�sity District 8 Planning CounciUCommunity Development Committee meetings on October 21, November 10 and Novemher 18 have some concerns about issues dealing with honest communiartion and trust building between the developers (Wesiand LLC) and the communiry. Specific points follow. l. On Octobec 21, the presenting developer, in response to an andience inquiry, said that a traffic study had been done for the Mazshall/Western properry and that it showed that there would be no problem ensuing from the building of a 68-unit, 6 story condo. Aowever, at the November 18 meeting, where Bill Haglund from the ciry's traffic deparnnent was present to answer questions, we learned t6at no traffic study had ever been done in regard to the proposed development. 2. In the original presentation of site plans on October 21, the developers spoke of a 68-unit building, which had always been the unders`tanding. In the meeting of November 18, tfiey said they would have to, most hlcely, eliminate a rooftop uniG Yes somehow the number o£ condos did not fall to 67, but rather stayed a# 68, because the devetoper indicated that 69 had been in tlie original pIan. None ofthis was consiste� with what neighbors had perceived earlier. 3. In the October Zl meeting, the developer said that sufficient pazking for all units would be provided in an underground garage. In the November 18 meeting, the developer said t6at they would have to apply for a variance, since they plaaned to have 1.2 spaces (rather t6an the mandated 1.5 spaces) per unit. 4. In the originai meeting, no mefftion was made of paying for a parldng space. On November 18, the developet made clear that each condo owner would be required to buy a pazldng space, elevating the proposed price of a 600-squar�foot studio to neariy $150,000. We think it is important for the deveiopers to understand that the sense of the neighborhood is positive for a condo budding on this properly, one conslructed with quality and site appropriateness. Indeed the vote taken at the November 18 meeting supported a condo building by 38 to 11, but a building of 4 stories that reguu�es no variances. The objections fieard at this meeting dealt primarily with the proposed height and footprint of the developers' planned struciure, as well as with the increased haffic and pazldng issues. People aze also concerned with the relentless "upscale" air of the project, in a neighborhood that is proud to be ava�7able to citizens of every income level. It is worthwhile noting that rivo other projects tUat came before the meeting on November 18 were much more sensitive to these issues. One of them, on Dale and Dayton, will have four townhouses at market ntes and a fifth unit available at an affordable housing leveL Ironically the lot, which this five-unit project is to be built, is a little under half the size of the MarshalUWestern properry with its planned 68 units. If we aze to work on ihis project together, it is vital that we hvst each other. manipulate or deceive the neighbors. All of us understand the profrt motive. as most things, works better with sincere, hanest communicatioa Mary Gardner SUPC boazd member for sub-district D Manuel Melendez, Jr. SUPC board member for sub-district D There is no need to push or VYe simply feet that this, Amy Michael SUPC board member for sub-district D Summit-University Planning Council — Distric� S ��_! I � SUPC Task Force Meeting held on November 10�' 2003 Attendance: SUPC Board Members Bobby Hickman (Co-Chair); Dave Peterson (Co-Chair); Amy Michael; Manny Melendez; Cazl Nelson Staff: Jim McDonough Neighborhood Residents: 17 community residents and business owners The concerns of neighbors are as follows: l. The Size and Scale of the building. 2. Compatibility and design of the building. 3. Parking and trafFc flow. 4. Impact that the building would have to other properties in the area. Neighbors have many questions regarding zoning. What are the definitions for RM-2 and RM-3 zoning? Request for clarification from City's zoning staff. Exactly which zoning permit are you applying for and what variances wili be necessary? Neighbars would like to see a detailed development plan. How many units are on that block now? Answer: approximately 72 units. Neighbors are not opposed to the lot being developed. Many would like to see it developed but there are concerns about what is being proposed. Six stories are too much. Parking in the area is difficult already. Questions: Has there been an environmental impact statement written about the lot? If not when will this be done? How many parking spots wiii be available for the residents in the underground parking ramp? Have you or the city traffic "people" taken into consideration that the Catholic Guild will be turning into a residential building and how this will also contribute to traffic congestion in the area? What are the considerations regarding an increase in pedestrians in the area? Will you consider scaling down the building? How will the underground parking be accessed? What will the height of the building be? Submitted by Amy Michaei SUPC Board Member Additional notations: Jim McDonough, SUPC Staff Summit-University Planning Council Neighborhood Development Committee Community Meetings Tuesday — December 16, 2003 — 6:00 p.m. — 7:00 p.m. Purpose: 1. Update on Jimmy Lee Recreation Center refurbishing and expansion project. 2. Update on Transit Oriented Development Study University Avenue and Dale Street / District 8 Area Plan review update. 3. Public Art Saint Paul "R'estern Park" Project discussion. 4. Application for Liquor On Sale — Over 100 seats, Liquor On Sale — Sunday, Restaurant (B) — more than 12 seats — 394 University Avenue West —1VIai Village Restaurant. 5. 988 West Central Avenue — subdivision (lot split) to create 2(R-4) single-family residential parcels. 988 West Central Avenue — Variance request for 6 inches side setback (required 4 feet — proposed 3.7 feet from properiy line with an additional4 feet from house); moving house from 1063 Marshall (Jimmy Lee site) to vacant lot (house burned down 20+ years ago); neighbor owning vacant lot in fauor of proposal; other neighbor opposed Boazd of Zoning Appeals scheduled for December 8, 2903 — 3:00 p.m. at City Hall Room 330. �6. eview of Western Street and Marshall Avenue proposed 68-unit condo project: —_� ���Board of Zoning Appeals — December 8, 2003 at 3:00 p.m. — City Hall — Room 330 Vaziances would include: 1) a variance of 25 parking spaces with 80 provided within the proposed building; 2) a height variance of 25 feet (from the required 50 feet to the proposed 75 feet); 3) & 4) 2 side yard setback variances of 17.5 feet on each side (37.5 feet is required and 15 feet is proposed). (Additional note: In the Major Variance request received November 20, 2003 at the SUPC O�ce — 2 additianal variance requests were included to those delineated above: I) Lot coverage of 30% is allowed cmd coverage of 49% is proposed, for a variance of 19% (4,804 square feet), 6) Trash storage and recycling is not permitted in arry required yard except a rear yard. The appZicant is proposing to Zocate the storage area in a required side yard on the southeast corner of the building..) 7. Portland Avenue — Victoria / Chatsworth — Milton — William Mitchell School of Law - new pazking permit from 8am-8pm — Public Hearing — City Council — December 17, 2003 — 5:30 p.m. Wednesday - City Council Chambers — 3` Floor City Hall —15 West Kellogg Blvd. 8. Update - 501 Ashland Avenue — Major Variance request — Several variances in order to convert this 16-unit apartment building into 24-e�cinecy units and construct a front entry addition. l.) The conversion will change the room count from 40 to 48 for a variance of 8 rooms (4,800 squaze feet). 2.) The off-street parking requirement will increase from 24 to 36 for a variance of 12 spaces. 3.) The existing front setback is 14 feet and the proposed setback is 10 feet, for a vaziance of 4 feet. Board of Zoning Appeals — Heazing — December 8, 2003 — 3:00 p.m. — City Hall Room 330 — 15 West Kellogg Boulevard, 9. Other items to be announced ... Tuesday — January 20, 2004 — 6:00 p.m. — 7:00 p.m. Agenda — To Be Determined ... Location: St Albans Community Room 665 Selby Avenue Saint Paul, MN 55104 Please call the Summit-University Planning Council with questions —(65I) 228-I855 See other side for Community Issues Meeting Natice �-i�/ �� �uv����-iTniversity �ia�ninb Council Neighborhood Development Committee Community Meetings � Tuesday—November18,2003 I �� �� I 6:00 p.m. — 7:00 p.m. 1�l Purpose: ,�Cl.�Zeview of Western Street and Marshall Avenue proposed 68-unit condo project— (Community Task Force to meet on Monday — ll/IO /2003 at 6:00 p.»r. in St Albans Room) Heritage Preservation Commission: "Concept Review" scheduled for Thursday — November 6, 2003 at 5:00 p.m. — Room 40 / lower level — City Hall —15 West Kellogg Boulevazd; Rezoning Request from a P-1 to RM- 2(parldng to residential-multi) — Zoning Committee Tentative Hearing Date: November 13, 2003. 2. Update and review the TimberCraft Homes development at Dayton Avenue and Dale Street. 3. Housing and Redevelopment Authority (HRA) has received a development proposal for 736 Dayton Avenue / request for other proposals due December 1, 2003; HRA will review proposal and approve disposition of parcel in December 2003. � 4. Sign variance request of 34 %z feet for height of 72 feet for replacement sign at 374 North Le�ngton Parkway hearing date — Hearing Date: 11-13-2003 — Saint Paul Planning Division / Office of LIEP. 5. 452 Selby Avenae — La Grolla Restaurant — appeal of Planning Commission's denying a site plan for a parking lot with a11ey aceess — City Council Public Heazing — November 19, 2003 at 5:00 p.m. - City Council Chambers — 3` Floor City Hall - 15 West Kellogg Boulevard. 6. 501 Ashland Avenue — Major Vaziance request — Several variances in order to convert this 16-unit apartment building into 24-e�cinecy units and construct a front entry addition. 1.) The conversion will change the room count from 40 to 48 for a variance of 8 rooms (4,800 squaze feet). 2.) The off-street pazking requirement will increase from 24 to 36 for a variance of 12 spaces. 3.) The existing front setback is 14 feet and the proposed setback is 10 feet, for a vaziance of 4 feet. 7. 988 West Central Avenue — Vaziance request for 6 inches side setback (required 4 feet — proposed 3.7 feet from property line with an additional 4 feet from house); moving house from 1063 Mazshall (Jimmy Lee site) to vacant lot (house burned down 20+ years ago); neighbor owning vacant lot in favor of proposal; other neighbor opposed Board of Zoning Appeais scheduled for December 8, 2003. Notes: a. City Council Public Heazing on "rezone requesY' for 280 Ravous Street —November 5, 2003 at 530 p.m. — 3`� Floor City Hall - Council Chambers — 15 West Kellogg Boulevazd (rezone request was approved by SUPC Board on 09/23/2003). �eritage Preservation Commission; Public Hearing — November 20, 2003 — S:OOp.m. Room 40 City Hall — 15 West Kellogg Blvd. — 411 Laurel Avenue building permit to replace wood windows with vinyl windows; 977 Portland > Ave. building permit to rehabilitate the exterior of the house including rebuilding front porches; Southeast corner of Western & Marshall streets — concept review to consuvct six story 68-unit condominium building. Tuesday — December 16, 2003 — 6:00 p.m. — 7:00 p.m. Purpose: 1. Update on Jimmy Lee Recreation Center refurbishing and expansion project. 3. Update on Transit Oriented Development Study University Avenue and Dale Street / District 8 Area Plan review update. 4. Public Art Saint Paul "Western Park" Project discussion. 5. Application for Liquor On Sale — Over 100 seats, Liquor On Sale — Sunday, Restaurant (B) — more than 12 seats — 394 University Avenue West — Mai Village Restaurant. 6. 988 West Central Avenue — subdivision (lot split) to create 2(R-4) single-family residential parcels. 7. Portland Avenue — Victoria / ChatswoMh — Milton — William Mitchell School of Law - new parking permit from 8am-8pm — Public Hearing — City Council — December 17, 2003 — 5:30 p.m. Wednesday - City Council Chambers — 3` Floor City Hall —15 West Kellogg Bivd. 8. Other items to be announced ... Location: SL Albans Community Room 665 Selby Avenue Saint Paul, MN 55104 Please cal[ the Summit-University Planning Council with questiores —(65l) 228-1855 o� �ii 05�-I1/ TTEMS 18 - 97 - INSERT ORDINANCES O4-128 THROUGH 04-197