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05-1131ORDINANCE CITY OF SAINT PAU�, MINNESOTA Presented By Referred To OS- �13( Council File # Ordinance # �� Green Sheet # J �� ''�'� ~�' 33 1 2 3 4 5 6 7 8 9 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 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 §61.800 of the Legislative Code, Rob and Haroid Clapp, in Zoning File 05-158-185, duly petitioned to rezone 961 Prosperity Avenue being legally described as SECTION 27 TOWN 29 RANGE 22 NELY 140 FT MOL OF FOL; EX NWLY 175 FT PARTR OF SW 1/4 OF NW 1/4 & OF NW 1/4 OF SW 1/4 BET JOHNSON PKWY AMES & PROSPERITY AVES & C.ST.P & O. RY R/W; ALL IN SEC 27 TN 29 RN 22, from VP (Vehicular Parking) to RM2 (Multipie-Family Residential) to develop the site for housing; and WHEREAS, the Zoning Committee of the Planning Commission held a public hearing on October 11, 2005, 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 October 21, 2005, 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 November 3, 2005, 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 Ciry Councii having been conducted on November 16, 2005, at which all interested parties were given an opportunity to be 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: Sectipn 1. ,'.�4�i.i.. 't.'� � � K;,- �• � � _. ,, That the zoning map of the City of Saint Paui, Sheet Number 15, as incorporated by reference in §60.303 of the Saint Paul Legislative Code, as amended, is hereby further amended as follows: That the property at 961 Prosperity Avenue, being more particularly described as: SECTION 27 TOWN 29 RANGE 22 NELY 140 FT MOL OF FOL; EX NWLY 175 FT PARTR OF SW 1/4 OF NW 1/4 & OF NW 1/4 OF SW 1/4 BET JOHNSON PKWY AMES & PROSPERIN AVES & C.ST.P & O. RY R/W; ALL IN SEC 27 SN 29 RN 22 oS-r�3� 40 be and is hereby rezoned from VP (Vehicular Parking) to RM2 (Multiple-Family Residential) to develop 41 the site for housing. 42 Section 2. 43 44 This ordinance shall take effect and be in force thirty (30) days from and after its passage, approval 45 and publication. ��;�� ,� � � �� a y e Requested by Department of: Benanav ✓ Planni onomicDeielo e Bostrom ✓ Hanis ,i ' Helgen J B Y' Lantry � Form A roved b Ci Attorne Montgomery ,� PP Y b y Thune ✓ BY: n��/� �� 2L-oS ^ E! F/[.Y Adopted by Councif: Date: By: � �� By: Mayorfor by MafJor: Date: /�= Adoption �ertified by Council Secretary OS-�13� � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � DeparhneM/officelcouncil: Date initiated: pE 'P��ng&EconomicDevelopment 17-NOV-0S Green Sl�eet NO: 3028848 CoMact Person & Phone: Deoarhnent Sent To Person InitiallDate Emily UImEr � 0 1 noin n i D °��✓� � 597 Assign 1 lanoine & Economic Develoo i Deoartment Director I Must Be on Council Agenda by (Date): Number � 1\- ti —c,J' 2 iri Attomev For Routing 3 or'sOtfice Ma or/Assistant Order 4 uncil 5 i Clerk i Clerk Total # Of Signature Pages _(Clip All Loeations for Signature) Action Requested: . Adopt an ordinance memorializing City Council action approving the rezoning of 961 Prosperity Avenue from VP ( Vehiculaz Pazking ) to RM2 ( Multiple-Family Residential ) to develop the sit for housing. • Recommendations: Approve (A) or Reject (R): Personal Service Contracts Must Answer the Foliowing Questions: Planning Commission 1. Has this person�rm ever worked under a contract for this department? CIB Committee Yes No Civil Service Commission 2. Has this person/firm ever been a city employee? Yes No 3. Does tnis person/firtn possess a skill not normally possessed by any curtent city employee? Yes No Enplain all yes answers on separate sheet and attach to green sheet Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): Rob and Hazold Clapp, submitted an application to rezone the property at 961 Prosperity avenue to develop the site for a residential use. The Ciry Council approved the rezoning on November 16, 2005, aRer a public heazing. Advantas�es If Approved: The rezoning will be adopted per City Council intent. Disadvanta5les If Approved: None �� Disadvanta9esif NotApproved: City Council aaction will not be completed. �y� ��f � � 2��5 �� x �� Total Amount of CosVRevenue Budgeted: Transaction: � Fundinn Source: Activity Number: �„,°b� �b�'��"'�� "�'`'�� Finaneial Infortnation: � A c � p � n (Explain) � ;VO& �+ 3 2i1815 DEPARTMENT OF PLANNING & ECONOMIC DEVELOPMENT Susan Kimber[y, D'vec[or CITY OF SAIN'T PAUL Randy G Kelly, Mayor October 27, 2005 Ms. Mary Erickson City Council Research Office Room 310 City Hall Saint Paul, Minnesota 55102 Dear Ms. Erickson: 25 wut Fourth Sbeet Saira Paul, MN55102 v�-�'3� o'^;."� Te[ephone: 651-266-6700 Facsimi le: 65 /-228-3220 I would like to confirm that a public hearing before the City Council is scheduled for Wednesday, November 16, 2005, for the following zoning case. Zoning File Number: File Name: Address: Purpose: 05-158-185 Rob and Harold Clapp 961 Prosperity Avenue, between Ames Avenue and the railroad tracks Rezoning from VP (Vehicular Parking) to RM2 {Medium Density Multi-family Residential) to develop the site for housing. Previous Action: Zoning Committee Recommendation: Approval, 5- 0; October 11, 2005 Planning Commission Recommendation: Approval 14 - 0; October 19, 2005 I have confirmed this day with Councilmember Bostrom's office. My understanding is that this public hearing request will appear on the agenda for the November 16, 2005, City Council meeting and that you will publish notice of the hearing in the Saint Paui Legal Ledger at least 10 days in advance of the public hearing. Please call me at 651-266-6591 if you have any questions. Sincerely, � �� Emily Ulmer City Planner cc: Ul �,,,,�- File #: 05-158-185 Applicant: Rob and Haroid Clapp Paul Dubruiel Wendy Lane Carol Martineau Allan Torstenson NOTICE OF PUBLIC HEARING The Saint Paul Qity Council will con- duet a public heazing on Wednesday No- vember �16, 2005, a't 5:30 p.m. in the Qity coaacil C:hambers, Tl�ird Floor City I3a11, 15 West Kellogg Boulevard, St_Paut, MN, to consider the application-of Rbb and Aarold Clapp to rezone property at 961 ProsperityAvenue, betweene}mes Avenue and the railroad tracke,-from VP (Yehicular Parkin�) to R.M2 (Mediimm Den- sity Malti•FamilyResidentiat) to�devefop the �-site for: housing. (Zoni,.e Fi1e No. 05-158-155) - DatetL- Oetober 28; 2005 - - - MhRY ERfC&SON, . nssista�CStyCO�nm.secneraq• � � (Nuvember 3) � s� rem, na�v:.xa� z2losaas, DEPARTMEN'I' OF PLANNING D�/ �I � J' &ECONOMICDEVELOPMENY �`� SvsanKimberly, Director LJ CITY OF SAINT PAUL Randy C. Ke1ly, Mayor November 8, 2005 Ms. Mary Erickson City Council Research O�ce Room 310 City Hall Saint Paul, Minnesota 55102 25WestFwvthStreet TeZepkone:651-26G6700 SainrPaul,MN55102 FacsimiZe:651-228-3220 Re: Zoning Fi{e #: 05-158-185 File Name: Rob and Harrold Clapp Address: 961 Prosperify Avenue, between Ames Avenue and the railroad tracks Purpose: Rezoning from VP (Vehicular Parking) to RM2 (Medium Density Multi-family Residential) to develop the site for a residential use. CitY Council Hearing_ November 16, 2005. 530 p.m.. Citv Council Chambers � Staff Recommendation: District Council: Zoning Committee Recommendation: Support: Opposition: Planning Commission Recommendation Staff /kssigned: � Attachments: cc: Zoning File #: 05-158-185 Applicant: Robb and Haroid Clapp City Council Members District Council: 2 Wendy Lane Larry Soderholm A{lan Torstenson Peter Warner Approval District 2 made no recommendation Approval, vote: 5 - 0 tVo one spoke in support and no letters were received. No one spoke in opposition and no letters were received. Approval, vote: 15 - 0 Emily Ulmer, 651-266-6591 Planning Commission resolution, October21, 2005 Planning Commission minutes, October 21, 2005 Zoning Committee minutes, October 11, 2005 Staff Report packet b � - %/31 city of saint paul •p(anning commission resolution file number os-$9 date October 21, 2005 WHEREAS, Rob and Haroid Clapp, File # 05-158-185, have applied for a rezoning from VP (Vehicular Parking) to RM2 (Medium Density Multi-family Residential) to develop the site for hausing under the provisions of §66221 and §61.801(b) of the Saint Paul Legislative Code, for the property located at 961 Prosperity Avenue, Parcel Identification Number (PIN) 27-29-22-23- 0076, legaily described as SECTION 27 TOWN 29 RANGE 22 NELY 140 FT MOL OF FOL; EX NWLY 175 FT PARTR OF SW 1/4 OF NW 1/4 & OF NW 1/4 OF SW 1/4 BET JOHNSON PKWY AMES & PROSPERITY AVES & C.ST.P & O. RY RlW; AL� IN SEC 27 TN 28 FtN 22; and WHEREAS, the Zoning Committee of the Planning Commission, on October 11, 2005, 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 substantiaily reflected in the minutes, made the following findings of fact: 1. On May 4, 1995, the Zoning Committee (on a vote of 4-3) recommended approval of � rezoning this property at 961 Prosperity from RM2 to P1 to accommodate off-street parking for the business across the street at 958 Prosperity. The Pianning Commission reversed the Zoning Committees recommendation, on a vote of 10-3, and recommended denial of the rezoning. The following month the City Council approved the rezoning. The parking lot at 961 Prosperity was never developed, and has remained vacant for the last decade. 2. in 2005, the applicants purchased the property at 961 Prosperity. The applicants have applied to rezone the property from VP (Vehicufar Parking) to RM2 (Muitiple-Family Residential) to develop the site for multiple family housing. 3. The proposed rezoning is consistent and compatible with the way the area has developed. The surrounding area is a mix of commercial, single family and multiple family housing. There is already a large apartment complex with over 40 units on the west side of the site in an RM1 zone. 4. The proposed rezoning to RM2 is consistent with the character of development in the neighborhood and will not be detrimental. Multiple family housing on this site would be compatible with the existing apartment housing on the north side of the site. The proposed housing development at 961 Prosperity would not be detrimental to the health, safety or generai welfare of residents in the surrounding neighborhood. moved by Morton seconded by � in favor Unanimous against Zoning File # 05-158-185 Planning Commission Resolution Page 2 • 5. The proposed rezoning and future development of 961 Prosperity is consistent with the Comprehensive Plan. The housing chapter of the Comprehensive Pian encourages developments that promote good design solutions on smaller developments sites and which complement existing neighborhoods (Housing Plan 5.2). The District 2 Plan supports the development of new multiple family housing with a focus on aesthetics, and quality construction. NOW, THEREFORE, BE IT RESOLVED, that the Saint Paul Planning Commission, recommends to Cify Counci(, that fhe appficafion of Rob and Harold Clapp for a rezoning from VP (Vehicular Parking) to RM2 (Medium Density Multi-family Residential) fo develop the site for housing at 961 Prosperity Avenue be approved. �J � ��f �� . Saint Paul Planning Commission City Hall Conference Center IS Kellogg Bouievard West YIinutes of October 21, 2005 A meeting of the Planning Commission of the City of Saint Paul was held Friday, October 21, 2005, at 8:30 a.m. in the Conference Center of Cify Hall. Commissioners Mmes. Faricy, Zimmer Lonetti, Lu, McCall, Morton, Porter, Present: and Trevino; and Messrs. Alton, Anfang, Bellus, Coletta, Goodlow, Gordon, 7ohnson, Kramer, and Mejia. Commissioners Absent: Mmes. *Donnelly-Cohen, and *Trevino; and Messrs. Aligada, Dandrea, Kong, and Scott. *Excused � � Also Present: Larry Soderfiolm, Planning Administrator, Allan Torstenson, Patricia 3ames, Emily Ulmer, Shawntera Hazdy, Christina Danico, Casey MacCallum (intem), Dave Nelson, Wendy Lane and Jeff Fischbach from LIEP, and Kate Fleming, Department of Planning and Economic Development staff. I. � 111 Approval of minutes of October 7, 2005 MOTION: Commissioner Marton moved approval of the minutes of Ociober 7, 2005. Commissioher Rramer seconded ihe motio�a. The motion carried unanimously on a voice vote. Chair's Annouttcements Chair 7ohnson gave a report on the Grand Opening for the Phalen Corridor, Saturday, October I5, 2Q05. Planning AdministratoYs A,nnouncemenfs Lazry Soderholm reported on City Council .business for last week and announced their agenda for next weele. Mr. Soderholm said that the Cagitol Region Watershed has published draft rules that will affect a large section of the city. There will be public informational meetings in early November and a public heazing on November 16, 2005. The staff is deciding how fhe City should respond and the Planning Commission will probably become involved. Mr. Soderholm announced the Sustainable Saint Paul Crroup, an interdepartmental group created by the City Council, is organizing a toue of the Ramsey/Washington County Resource Recovery Facility in Newport on'Thursday, November 3, at 130 p.m. Planning Commissioners aze invited. � � Zozring committee Commissioner Morton gave the Zoning Committee report. OLD BUSTNESS # OS-136-754 Environmental Wood Su�plv- Review of Conditional Use Permit approved in 2004 for operation of wood recycIing center (zoning file #� 04-108-964) 2165 Pigs Eye Lake Road, between CP rail yards and Metropolitan Waste Treatment Plant. (Patricia Tames, 651/266-6639) MOTION: Commissioner Morton moved the Zoning Commitree's recommendation that the case be laid over to the November I0, 2005 meeting. The motion carried unanimously on a voice vofe. � NEW BUSIlVESS � OS-158-I85 Rob Claoo - Rezoning from VP (Vehicular Parlang) to RM2 (Medium Density Multiple-family Residential) to develop site for residential use, 961 Prosperity Avenue, between Ames Avenue and railroad tracks. (Emi1y LJZmer, 65I/266-6591) MOTION: Commissioner Morton moved the Zoning Committee's recommendation to ¢pprove tke reZOning. The motion carried unanimousty ox a voice vote. CommissionerMejia abstained # OS-160-844 Shao Xione - Establishment of legal nonconformittg use status as a dupiex, 599 Wells, between Payne and Edgerton. (Emi1y Ulmer, 65I/266-6591) MOTION: Commisszoaer Morton moved the Zoning Commiftee's recommEndation to approve the Legal nonconforming use permit with conditions. The motion carried unanimously on a voice vote. OLD BUSINESS Revised Amendmenfs fo ffia Sien drdinance - City Council proposed amendments to the sign ordinance that have been referzed to the Planning Commission for review and comments. (YYendyLane, 651/266-9081,andPatriciaTames, 65I/266=6639) MOTTON: Commisszoxer Morfon moved the Zoning Co�rcmittee's recommendation for a consent agenda for item aumbers I-5, 7& 8,10-I2. Sl�e explained that for items 6, 9, and 13 the Zoning �ommittee's recommendations would require some discussion this mozning and she would take each of them sepazately. There was discussion of the motion. Commissioner Bellus offered a friendty amendment to clarify that in item # 5, the Planning Commission still �ecommends that a pernuf and fee be required for billboazd exteusions. The amen3ment was agreed to by the Commissioner Morton. TTze ¢mended motion carried uaanimously on a voice vote. � � 2 � MINUTES OF THE ZONING COMMITTEE Thursday, October'11, 2005 - 3:30 p.m. City Councif Chambers, 3rd Fioor • Cify Hali and Courf House 15 West Ke(logg Bouievard PRESENT: STAFF: EXCUSED: Anfiang, Donnelly-Cohen, Gordon, Johnson, Kramer, Mejia, and Morton D�-11 �i Chrisfina Danico, Jeffery Fischbach, Patricia James, Wendy Lane, Larry Soderholm, Emily Ulmer, and Peter Warner Aiton, Faricy 7he meeting was chaired by Commissioner Morton. Rob Cfapp- 05-158-185 - Rezoning from VP (Vehicutar Parking) to RM2 (Medium Density Multi-family Residentiai) fo develop site for residential use. 961 Prosperity Avenue, between Ames Avenue and raiiroad tracks. Emily Ulmer presented the staff report with a recommendation of approval for the rezoning. Ms. Ulmer also sfated that District 2 made no recommendafion, and that there were no letters in support or opposition. Ms. Ulmer responded to Commissioner ponneliy-Cohen's question by sfating that, although it had originaliy been rezoned for parking, fhe lot was never paved for parking and has sat vacant. Harold Clapp, the applicant, stated that he spoke wifh the Northeast Neighborhoods Development Corporation, who had opposed the original rezoning from multi-family residential to parking. Mr. Clapp � cated that he did not have set pians for the residential development, but is considering building four owner- upied row houses. The public hearing was closed. Gommissioner Richard Kramer moved approval of the rezoning. Commissioner Stephen Gordon seconded the motion. Commissioner Matthew J. Mejia abstained from the vote. The motion passed by a vote of 5-0. Adopfed Yeas - 5 Nays - 0 Drafted by: Submitted by: Abstained - 1 Approved by: �dn.��f,�-� _ c` V �f��— �A`GY �� Christina Danico �mily UI r Giadys M on Recording SecreFary Zoning Section Chair � ZGI.Lnutes.frm D�-1131 ZONING COMMITTEE STAFF REPORT � 1. FILE NAME: Rob and Harold Clapp FILE # 05-158-185 2. APPLICANT: Rob and Harald Clapp HEARING DATE: October 11, 2005 3. TYPE OF APPLICATION: Rezoning from VP (Vehicular Parking) to RM2 (Multiple-Family Residential) 4. LOCATION: 96'i Prosperity Avenue, between Ames and the railroad tracts 5. PIN 8� LEGAL DESCRIPTION: 272922230076, SECTION 27 TOWN 29 RANGE 22 NELY 140 FT MOl OF FOL; EX NWLY 175 FT PARTR OF SW 1/4 OF NW 1/4 & OF NW 1/4 OF SW 1/4 SET JOHNSON PKWY AMES & PROSPERITY AVES & C.ST.P & O. RY RNV; ALL IN SEC 27 TN 29 RN 22 6. PLANNING DiSTR1CT: 2 PRESENT ZONiNG: VP 7. ZONING CODE REFERENCE: §66.221; §61.801(b} 8. STAFF REPORT DATE: September 28, 2005 BY: Emily Ulmer 9. DATE RECEIVED: September 14, 2005 60-DAY DEADLINE FOR ACTION: Novemb 1 3, 2 005 A. PURPOSE: Rezoning from VP (Vehicular Parking) to RM2 (Multiple-Family Residential) to develop the site for housing. B. PARCEL SIZE: Irregular lot: 128.8 ft. (Prosperity) = 18,295 G. EXISTING LAND USE: Vacant land D. SURROUNDING LAND USE: North: Multiple family housi�g (RM1) East: Industrial uses (11) � South: Raiiroad right-of-way and single family homes (R4) West: Commercial building and single family homes (RM1) E. ZONING CODE CITAT�ON: §66.221 lists the uses permitted in the RM2 district; §61.801(b) provides for change to the zoning of property initiated by the properry owner. �. HISTORYlDiSCUSSION: The properry at 961 Prosperity was rezoned in 1995 from RM2 to P1 to provide off-street parking for the business located at 958 Prosperity Avenue. G. DISTRICT COUNCIL RECOMMENDATION: The District 2 Community Council had not commented at the time this staff report was prepared. H. FINDINGS: � 3. On May 4, 1995, the Zoning Committee (on a vote of 4-3) recommended approval of rezoning this property at 961 Prosperity from RM2 to P1 to accommodate off-street parking for the business across the street at 958 Prosperity. The Planning Commission reversed the Zoning Committees recommendation, on a vote of 10-3, and recommended denial of the rezoning. The following month the City Council approved the rezoning. The parking lot at 961 Prosperity was never developed, and has remained vacant for the last decade. In 2005, the applicants purchased the property at 961 Prosperity. The aQplicants have applied to rezone the property from VP (Vehicular Parking) to RM2 (Muitiple-Family Residential) to develop the site for multiple family housing. The proposed rezoning is consistent and compatibie with the way the a�ea has developed. The surrounding area is a mix of commercial, single family and muitiple family housing. There is already a large apartment complex with over 40 units on the west side of the site in an RM1 zone. � 4. The proposed rezoning to RM2 is consistent with the character of development in the neighborhood and will not be detrimental. Muitiple family housing on this site would be compatible with the existing apartment housing on the north side of the site. The proposed housing development at 961 Prosperity would not be detrimental to the health, safety or general welfare of residents in the surrounding neighborhood. Zoning File # 05-158-185 Zoning Committee Staff Report Page 2 5. The proposed rezoning and future development of 961 Prosperity is consistent with the Comprehensive Plan. The housing chapter of the Comprehensive Plan encourages developments that promote good design solutions on smaller developments sites and which complement existing neighborhoods (Housing Plan 5.2). The District 2 Plan supports the development.of new multiple family housing with a focus on aesthetics, and quality construction. STAFF RECOMMENDATION: Based on the above findings, staff recommends approval of the rezoning from VP (Vehicular Parking) to RM2 ( Multipie-Family Residential) to develop the site for residential uses. � �� _J � • PETITION TO AMEND THE ZONING CODE Department ofPlanning and Economic DeveZopmenr Zoning Section II00 City Hall Anner 25 West Fourth Street Saint Paul, MN SSIOl 266-6589 c�� `� dd �'U tsd (P � � c4 _p� � .�- • - i � • • � �• � . � � �� a� n i /� v y � Citys�: ��t�L Sf.f�'1/.aZip.SJ ��,3I='� Contac# person (if different) � �L LL �kP� PROPERTY I Addre LOCATION Legal (attach addifiona/ sheet if TO THE HONORABLE MAYOR AND ClTY COUNCIL: �- Pursuant to Section 64.400 of the Saint Paui Zoni Ordinan e and to Section 462.357(5) of Minnesota Statues, }� /�f2.0�-� E�./�3��OgC�R owner�of aH the land proposed for rezoning, hereby petitions you to rezone the above described property from a �— � zoning district to a R}�1'1- 2. zoning district, for the purpose of: la.e-veiop,,.a� '� s�t Fo2 �r�tpc�� vs� Cc➢n9s ��k AAsa�c.� � P�oP,�r� us�s. (attach additiona! sheet(s) if necessary) Attachments: Required site plan ❑ Consent petifion ❑ Subscribed and sworn to 6efore me this /�{�_ �day of M P. ,'I'�: Affidavit 05-I1�I i� Fee owner of property �� ' � �� - � �� -_.- . . . �� ..'. � i Indiviaual(sj co Joint Tenants STATE DEED TAX DUE HEREON: $1.70 Date: Mav 24, 2005 SIGNATURE OF FOR VALUABLE CONSIDERATION� Robert Clapp, a sin I�e �erson, Grantor(s), hereby convey(s) and quitclaim(s) to Robert Clapp and Hazold Henrv Clapp, Grantee(s), as joint tenants, zeal property in Ramsev County, Minnesota, described as follows: S ee Attached E�chibit "A" together with a11 heredifamenYs and appurtenances. • � eck Box if Applicable: The Seller certifies that the selfer does not lmow of any welIs on the described real properry. ❑ A well disclosure certificate accompanies this document. ❑ I am familiaz with the property described in this inshument and I certify that the status and number of wells on the described real property have not changed since the last previously filed well disclosure certificate. Robert Clapp STATE OF MINNESOTA COUNTY OF DAKOTA ) )ss. ) The foregoing instrument was executed and aclmowledged before me on this 24th da, o�v, 2005 by Robert Clapp, a sinele person. ,� n N07ARIqL S3'Ab]P OR SEAL (OROl'FffiRS[[(.E ORHeWH `�"° . M :>OULlOT ;� .,,.. ;+:.. ._ MWNESDTA . ' ;^.y:; .. . . �:.xJar�.31.20)0 'CF715 DOCUbfENT WAS DRAFfID BY (NkME AND ADDR •LSS) Midwest GuaranYy 7itle Company, LLC 971 Sibley Memoriai Highway Lilydale, MN 55118 (fi51)552-2309 Check here Tax SEatements for tLe real ..... ................. y�....,.,.s. v .m �1AUlf aR of tLe tand is Regisrered (Torrais) ❑ descdbed in this instrum�t should be se¢t ta and address of Grmtee): . Robert Clapp 2100 Ford Pazkway St Paul, MN 551 I6 �� ' PATqICEC.PO(�QT � xor�nye�uc. Mrcommissia,5�s��t� � _ DEPAIZTMENT OF PLANNING & ECONOMIC DEVELOPMENT CTTY OF SAIN'I' PAUL Norm Colemnn, Moyor June 5, 1995 Division ofPlmmmg 23 IYest Fovrth Sneet Samt Pau( MN 55102 Ms. Nancy Anilerson Secretary to the City Council Room 310 City Hall Saint Paul, Minnesota 55102 � p�-1(3( Telephone: 611-266-6i65 Facsumle: 611-?28-3374 RE: Zoning File #94-300: WILLIAM ROTH CiTy Council Hearing: June 14, 1995 �- PIJRPOSE: To consider rezoning property 961 Prosperiry Ave from RM-2 to P-1 to allow off= sueet parking for the businesses at 958 Prosperity ve . " PLANNING COMMISSION RECOMMENDATION: DENIAL ZONING COMMITTEE RECOMMENDATTON: APPROVAL � ST?.FF RECOMr�.NDATION: APPROVAL SUPPORT: District 2 Community Council supports the rezoning petition. OPPOSIT'ION: None. Dear Ms. Anderson: WILLIAM ROTH submitted a petition to rezone property at 961 Prosperity Avenue. The Zoning Committee of the Planning Commission held a public hearing on the proposed rezoning on May 4, 1995. The applicant addressed the committee. At the close of the public hearing, the committee voted 4-3 to recommend approval to rezone to P-1. The Planning Commission reversed the Zoning Committee's recommendation with a vote of 10-3 in favor of denial on May 12, 1995. This proposed rezoning is scheduled to be heard by the City Council on June 14, 1995. Please notify me if any member of the City Council wishes to have slides of the site presented at the public hearing. Sincerely, /�..-.i Ken Ford Planning Administrator KF:kd Attachments cc: City Councilmembers r� �J 0��113� city of saint paul � P��+'�s�g commission resolution file number 9 �te May 12, 1995 WHEREAS, WILLIAM A. ROTH, file �94-30D has peritioned to rezone 961 PROSPERITY AVENUE, situated on the west side of the street south of Ames Avenue from RM-2 to P-1 to allow off-street parking for the business at 958 Prosperity Avenue; and WHEREAS, the Zoning Committee of the Planning Commission held a public hearing on May 4, 1995, at which alI persons present were given an opportunity to be heard pursuant to said application in accordance with the requirements of Section 64.400 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 following findings of fact: 1. The applicant owns the property and intends to pave and stripe ihe lot to provide additional off-street parking for the businesses to the east in the industrial zoning � district (cabinet making and specialty products manufacturing). The proposed parking lot will provide 15 spaces (one handicapped) with access from Prosperity Avenue. This stretch of Prosperity Avenue dead-ends at the railroad tracks and is unimproved and without sidewalks. 2. The proposed rezonirig is not in conformance with the comprehensive plan for the City. One of the major recommendations of the Aistrict 2 Plan states, "Vacant land should be developed in a manner which preserves and enhances the residential character of the district" #1, p.i. The rezoning is a way to provide required parking for the industrial uses on land zoned P-1 which then allows the industrial uses to expand which wili intensify the incompatibility of the industrial uses with residential uses to the north and south. In addition, the rezoning is not consistent with the Phalen Viliage Small Area Plan which was adopted by the PIanning Commission in I994 but has not yet been adopted by the City Council. (1'��/ed b�/ Kramer seconded by Lee �n favor 10 against 3 (Field, Geisser, Vaught) Zoning File #94-300 Page Two of Resotution 3. The rezoning is not consistent and compatible with the way the area has developed and will have an adverse impaci on the adjacent residential property in the surrounding area. 4. The applicant submitted a su�cient petition signed by two-thirds of the property owners within one hundred (100) feet of the property to be rezoned consenting to the rezoning (23 parcels eligible, 16 parcels needed, and 18 signed). NOW, THEREFORE, BE IT RESOLVED, by the Saint Paul Planning Commission that the petition of WILLIAM A. ROTH to rezone property at 961 PROSPERITY AVENUE, more particularly described as NELX 140 ft mol of fo1; ex NR'LY 175 ft partr of SW 1(4 of NW 1/4 & of NW 1/4 of SW il4 bet Johnson Parkway, Ames & Prosperity Aves & C.ST_P. & O RY R/W; ali in SEC 27 TN 29 RN 22, frozn an RM-2 zoning ciassifcation to a P-1 zoning classification is inconsistent with the Comprehensive Plan for the Cit3�, and is hereby recommended for denial. � � � � r � �` " x �� " y)1t 'r �.%� "+'' .. 'q" _ v$ ri 3 .�'.��,_ �#, , ya' x � r �3 �' '�' , < : � . � '1�k a, �� .R �S'��°"�n. "'3 . . � �. t `'��, o .ser iII�'�:t ��i ' - �n-'z5�r �.�::.cavat t . .. �.�. . � _ � � � � Zoning File OS-158-185 Multiple famity housing on the north side of the site. � _�_ .. _ � � � • Zoning File OS-158-185 Commercial building across from the site off of Prosperity. .. 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