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05-265/�!�� '� I Council File # � � Ordinance # Green Sheet # ��O�SS ORDINANCE PAUL, MINNESOTA 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: 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 WHEREAS, Pursuant to Minnesota Statutes §462.357 and §61.800 of the Legislative Code, Steven & Kenneth Johnson, in Zoning File 04-212-757, duly petitioned to rezone 378 and 384 N. Smith. being legally described as SAMUEL LEECHE'S ADDITION TO THE TOWN OF SAINT PAUL VAC FORBES AVE ACCRUING, W 101 FT OF LOT 8 and W 101 FT OF LOT 9 BLK 2, PINs 01-28-23-41-0009 and 01-28-23-41-0171, from RT2 (Townhouse Residential) to B3 (General Business), the petition having been certified by the Planning Division on December 14, 2004, as having been consented to by at least 67 percent of the owners of the area to be rezoned, and further having been consented to by at least tWO-thirds of the owners of the property situated within 100 feet of the total contiguous property within one year preceding the date of the petition; and WHEREAS, the Zoning Committee of the Pianning Commission held a public hearing on January 6, 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 on January 20, 2005; and WHEREAS, the Planning Commission considered the rezoning petition at its meeting held on January 28, 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 February 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 City Council having been conducted on February 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: � � ; i :t 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Section 1. p5 That the zoning map of the City of Saint Paul, Sheet Number 28, as incorporated by reference in §60.303 of the Saint Paul Legislative Code, as amended, is hereby further amended as follows: That the properry at 378 and 384 N. Smith., being more particularly described as: SAMUEL LEECHE'S ADDITION TO THE TOWN OF SAINT PAUL VAC FORBES AVE ACCRUING, W 101 FT OF LOT 8 and W 101 FT OF LOT 9 BLK 2 be and is hereby rezoned from RT2 to B3. Section 2. This ordinance shall take effect and be in force thirty (30) days from and after its passage, approval and publication. ; v. � t 1 Requested by Department of: Plannin s- �nomic Develo me g�, � Approved by Financial Services By: Form Approved by City Attorney Adoption Ces By: Approved by By: � 'l-oS ssiofi to Counc � Adopted by Council: Date'�_�0� � Green• Sheet Green.Sheet Green Sheet Green Sheet Green Sheet Green Sheet � Deparhnentlofficehouncil: Datelnitiated: �✓�R`�- pE - Plannm8&EcouomicDevelopment �«�R-� Green Sheet NO: 3025504 CoMact Person & Phone: -' Patricia James 266E639 Assign Must Be on Council Agenda by (Dafe): Number For Routing � Order Contract Type: OR-0RDINANCE uepaNneni laomnn & Ecanomic Develoo Deoarm�ent Dicector �� 'NAttornev CitvAttomev I �" �-S-eS a or's O�ce Ma or/Assismot 'iCauncil I CSN CounN I ' C7uk Gti G7erk lannine & Economic Develon Patricia James � 0 1 2 3 4 5 6 Total # of Signature Pages _(Clip All Locations for Signature) Action Requested: Adopt ordinance memorializing City Council acrion approving The rezoning from RT2 (Townhouse Residential) to B3 (General Business) for property at 378 and 384 N. Smith, between Grand and Forbes. Public hearing held February 16, 2005. Planning Cqmmission CIB Committee Citil Service Commission 1. Has this persoNfirtn e�er worked under a contract for this department? Yes No 2. Has this persoNfirtn e�er been a cRy employee? Yes No 3. Does this persoNfirtn possess a skill not normally possessed by any current city employee? Yes No Expfain all yes answers on separste sheet and attach to green sheet Initiating Problem, Issues, Opportu�iry (Who, Whaq When, Where, Why): These lots are proposed for eventual redevelopment, with an interim use of off-street pazking for a nearby business. The City Council approved the rezoning on Mazch 2, 2005, after a public hearing on February 16, 2005. Zoning File # is 04-212-757. AdvantaqeslfApproved: � Rezomng ordinance will be adopted per City Council intent. ,�` , Disadvantaqes If Approved: None. � • � „ Disadvantages If Not Approved: Ciry Council action will not be completed. __---------__.._.. --_---_` ---� Trensaction: Fundinq Source: Financial �nfnrmation: (Explain) CostlRevenue Budgeted: Activity Number: ��'� ��''C�t �S� ' � - AI 1_n ? March 3, 2005 9:52 AM Page 1 DEPARTMENTOFPLANA7NG & ECONOMICDE�ELOPMENT Susan Kimber[y, Director � ac�,� CITY OF SA1NT PAUL Randy C. Kelly, Mayor January28, 2005 Ms. Mary Erickson City Council Research Office Room 310 City Hail Saint Paul, Minnesota 55102 Dear Ms. Erickson: ,lAP� 31 2005 I would like to confirm that a public hearing before the City Council is scheduled for Wednesday, February 16, 2005, for the following zoning case. Zoning File Number: Applicant: Addrass: Purpose: Previous Action: 04-212-757 Steven & Kenneth Johnson 378 8� d 384 N. SiT� u2tY Y'22ii G(aiiu Bi�CJ FOiUCS Rezoning from RT2 (Townhouse Residential) to 63 (General Business) Zoning Committee Recommendation: Approval, 7- 0 January 6, 2005 Planning Commission Recommendation: Approval, unanimous, January 28, 2005 I have confirmed this day with Councilmember Thune's office. My understanding is that this public hearing request will appear on the agenda for the February 9, 2005, City Council meeting and that you will publish notice of the hearing in the Saint Paul Legal Ledger. P{ease call me at 266-6639 if you have any questions. S�rely, �---� � Patricia James City Planner cc: File #: 04-212-757 Applicant: Steven & Kenneth Johnson Arthur Baumeister III Paui Dubruiei Wendy Lane Carol Martineau Allan Torstenson 25 Wut Fourth Street Saint P¢ul, .� »102 .. NOTICE OF PUBI3C HEARiNG The Saint Paul GSty Council will.wn- duct a public hearing on Wednesday, Feb ruary 16, 2005, at 5:30 gm, in the City Council Chambers, Third Fioor, City Hall, to consider the application of Steven and Kenneth Johason ta rezone properEy at 378"`and 384 North Smith Avenue (I.�etween Grand and Forbes Aben�s) from RT2 (townhoase residenLial) tp B3 (general business). . Dated: February 1, 2005 . . MARY ERICKSON; Assistant City Coi.mcil Secretary, ' 1Febr�ary 3} 22092243 Pe9LfEGAi.tFD(3ER Telephone. 651-266-6700 Facsimil e: 6i I -128-3220 t[ �,C-,`£L?A'!:�t �',on}�l AA-ADA-EEO Employer _ , �5-d� 5 city of saint paul planning commission resolution file number o;-03 date Januarv z8, ZooS WHEREAS, Steven & Kenneth Johnson, File # 04-212-757, have applied for a rezoning from RT2 (Townhouse Residential) to B3 (General Business) under the provisions of §66.400 of the Saint Paul Legislative Code, for property located at 378 and 384 N. Smith Ave., Parcel Identification Numbers (PIN) 01-28-23-41-0009 and 01-28-23-41-0171, legaliy described as Samuel Leeche's Addition to the Town of Saint Paul W 101 Ft Qf Lot 9 Bik 2 and Samuel Leeche's Addition to the Town of Saint Paul Vac Forbes Ave Accruing, W 101 Ft of Lot 8 Block 2; and WHEREAS, the Zoning Committee of the Planning Commission, on January 6, 2005, held a pubiic hearing at which aIl persons present were given an opoortunity to be heard pursuant to said appiication in accordance with the requirements of §61.303 of the Saint Paui 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 applicants wish to sell their properties to Kraus Anderson Construction Company, who wilf redevelop the site for an office building. The interim proposed use for these properties will be off-street parking. The properties to the east of these buildings are zoned B3, as is the property to the south. 2. The proposed zoning is consistent with the way this are is developing. Its proximity to the ��I:cu �CSpi�B�S CC�T�NiBX 8�� 2 2XiS��iy i�i8u5 r,ii�ciS'uii �iO�E �ies indica�e ihat tnis area is in transition from an older residential area to a more institutional and commercial area. 3. The District 9 Plan (1980), shows this area as part of the West Seventh commercial area, and supports mixed uses with commercial on the ground Ievel. The Land Use Chapter of the Comprehensive Plan supports redevelopment in this area to accommodate a mix of land uses and densities that support tra�sit. The Comprehensive Plan's General Policies support ensuring that su�cient land resources are available and used to their maximum economic and community benefit, and ensuring a supportive environment for existing businesses. The proposed rezoning is consistent with these policies. 4. Kraus Anderson is continuing to assemble land in this area for redevelopment. As part of a larger site, this property can be developed in a way that complements the residential uses across Smith. The interim parking use can be developed in a way that buffers adjacent residentiai uses. 5. The consent petition of adioining oroperty ow.n.ers w?� fo�!r,�i ±� t� S��ff��A �� no� ��, 2004: 25 parcels eligible; 17 parcels required; 17 parcels signed. NOW, THEREFORE, BE IT RESOLVED, that the Saint Paui Pianning Commission, recomrr�nds to the City Council, that the appiication of Steven & Kenneth Johnson for a rezoning from RT2 (Townhouse Residential) to B3 (General Business) for property at 378 and 384 N. Smith be approved. moved by Kramer seconded by i n favor TTnanimo �s against DEPARTMENT OF PLANNING & ECONOMIC DEVELOPMENT Susan KimGerly, Director �Q �- CITY OF SA1NT PAUL Randy C. Kelly, Mayor February 8, 2005 25WutFounhStreet Telephone:6i1-266-6700 SaintPaul, MN55102 Facsdnile: 651-228-3220 Ms. Mary Erickson City Council Research Office Room 310 City Hall Saint Paul, Minnesota 55102 Re: Zoning File #: 04-212-757 Applicant: Steven & Kenneth Johnson Address: 378 and 384 N. Smith., between Grand and Forbes Purpose: Rezoning from RT2 (Townhouse Residen4iai) to 63 (Generai 8usiness) City Council Hearing: February 16, 2005, 5:30 p.m., City Council Chambers Staff Recommendation: Approval District Councii: Made no recommendation � Zoning Committee Recommendation: Approval, vote: 7- 0 Support: 1 person spoke, 0 letters were received Opposition: 0 people spoke, 0 letters were received Planning Commission Recommendation: Approval, vote: unanimous Staff Assigned: � Patricia James, 266-6639„� Attachments: Planning Commission resolution Planning Commission minutes, January 28, 2005 Zoning Committee minutes, January 6& 20, 2005 Correspondence received Staff Report packet cc: Zoning File #: 04-212-757 Applicant: Steven & Kenneth Johnson City Council Members District Council: 9 Wendy Lane Larry Soderholm Allan Torstenson Peter Warner \ J M-ADA-EEO Employer a5 � � city of saint paul planning commission resolution file number o�:-03 date January Z8 2��5 WHEREAS, Steven & Kenneth Johnson, File # 04-212-757, have applied for a rezoning from RT2 (Townhouse Residential) to 63 (General Business) under fhe provisions of §66.400 of the Saint Paul Legisiative Code, for properfy located at 378 and 384 N. Smith Ave., Parcel Identification Numbers (PIN) 01-28-23-41-0009 and 01-28-23-41-0171, legally described as Samuei Leeche's Addition to fhe Town of Saint Paul W 101 Ft Qf Lot 9 Bik 2 and Samuet Leeche's Addition to the Town of Saint Paul Vac Forbes Ave Accruing, W 101 Ft of Lof 8 Block 2; and W HEREAS, the Zoning Commitfee of the Planning Commission, on January 6, 2005, held a public hearing at which ail persons present were given an opportunity to be heard pursuant to said appiication in accordance with the requirements of §61.303 of the Saint Paul legisiative Code; and W"EREAS, ;he Saint Paul ?fanning 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 applicants wish to sell their properties to Kraus Anderson Construction Company, who will redevelop the site for an office building. The interim proposed use for these properties will be.off-sfreet parking. The properties to the east of these buildings are zoned B3, as is the property to the south. 2. The propos�d zoning is consistent with the way this are is developing. Its proximity to the L�I�SC HOSj�IiSiS CO^i�.I2X 2i � thz 2xistirg K iaUS nf7d2iSOfi .�^iiONZ �ies �ndicate tnat ihis area is in transition from an older residential area to a more institutional and commercia{ area. 3. The District 9 Plan (1980), shows this area as part of the West Seventh commercial area, and supports mixed uses with cammercial on the ground levei. The Land Use Chapter of the Comprehensive Plan supports redevelopment in this area to accommodate a mix of land uses and densities that support transit. The Comprehensive Plan's General Policies support ensuring that sufficient land resources are available and used to their maximum economic and community benefit, and ensuring a supportive environment for existing businesses. The proposed rezoning is consistent with these policies. 4. Kraus Anderson is continuing to assemble land in this area for redevelopment. As part of a larger site, this property can be developed in a way that complements the residential uses across Smith. The interim parking use can be developed in a way that buffers adjacent residential uses. 5. The consent oetition of adjoining property owners was fo! �nd te be su�cier,+, on pec=;±;ber 14, 2004: 25 parcels eligible; 17 parceis required; 17 parcels signed. NOW, THEREFORE, BE IT RESOLVED, that the Saint Paul Planning Commission, recomrr�ends to the City Councii, that the application of Steven & Kennefh Johnson for a rezoning from RT2 (Townhouse Residential} to B3 (Generai Business) for property at 378 and 384 N. Smith be approved. �oved by Rramer � seconded � in favor against ... ,,. 05 �105 • Saint Paul Planning Commission City Hall Conference Center 15 Kellogg Bonlevard West Minutes of January 28, 2005 *Excused � J A meeting of the Planning Coznmission of the City of Saint Paul was held Friday, J at 830 a.m. in the Conference Center of City Ha1L ,�s Commissioners Mmes. Faricy, Zimmer Lonetti, Lu, Mc Present: and Messrs. Alexander, Alton, Anfang, and Scott. Commissioners Absent: Also Present: Larry Soderholm, Planning Ac Allen Lovejoy, Penny Simisor Department of Planning an� I. Approval of minutes of January �, 2005 MOTION Commissioner Commissioner Trevina sec � 4 i �:.. II. Chay, . pnounceu�" �� '�" `�� ,. Ch'a"r1?� � � anked � � and als d the s Chair��a ' `s�� '" h an�3��'"is staff and 2E�bruary. �` r�;" A � r II�;,:`� Planning Admini�ator'� Mmes. *Donnelly-Cohen, and *Porter; the *Dandrea, 2005, *Kong. i Torstenson, and Cazol Martineau, minutes of January 14, 2005. carried unanimously on a voice vote. rs of the Planning Commission for their work during 2004 such a goodjob. �d about Planning Commission reappointments with the Mayor not ready to make those appointments yet, maybe sometime in Annoancements reported on the City Council business for Iast week and the agenda for next He stated that, although PED lost some planning staff last yeaz, they ended the three of the positions. He introduced Emily Ulmer, who is the third one of the \ J 0 Communications Commirtee Annual Re�ort 2004 Commissioner Trevino thanked Jessica Rosenfeld, PED, for coordinating and editing the report. 6�-�6� v Annual Meeting Plannine Administrator's reuort on achievements durine 2004 and eoals for 2005 (Larry Soderholm, 651/266-6575J program; progress on all of the urban village proposals in of the University of St. Thomas e�cpansion plan. He th planning staff for doing great work in 2004. Mr. Soderholm reported on the achievements for 2004: the adoption of the new h neighborhood zoning districts; the strides in riverfront develQ ment t showcased by the Grand Excursion re-enactrnent; meeting the annual for� He outIined what he betieves will be the big oppo s and in 2005: getting our river&ont regularions updated; LRT has proved itself on Hiawatha; economic plann' 10,000 intiarive; implementing traditional neighborhon__ �_s:.. ;: neighborhood plans section of the Comprehensive P" - Chair Johnson cailed the Annual Nominating Committee (Commi: stated the nominees aze: George Johnson, Chair BrianAlton, First Vice Kathi Donnelly-Cohen Sue � all. Secreta� code with and resolution i members anc� s for the Cen�a1 Co ciai sirips and fo. � cleaning up the Jobs � a report from the Commissioner McCall any further nominations. None were made. VI. accept Commissioner Vi �netti moved to close the nominafions and unanimously Cended by the Nominating Com»sittee. Commissioner Faricy carried unanimous[y on a voice vote. gave the Zoning Committee report. €� ,' °�57 Steven & Kenneth Johnson - Rezoning from RT2 (Townhouse Residential) �e�B� (`(`General Business). 378 and 384 N. Smith., between Grand and Forbes. (PatriciaTames, 651/266-6639) Commissioner Kramer stated District 9 made no recommendarion. One person spoke in support. No one spoke in opposirion. The public hearing was closed. The Zoning Committee recommends � LJ � • os-a�5 � C� approval on a: ote of 7-0. NIOTTOA�: Commusioner %ramer moved the Zoning Committee's recommendation to approve the reZOning. The motion carried unanimously on a voice vote. �TEW BUSINESS #04-214-383 Sason Ford - Rezoning from RTl (Two-family R Parking). 250 and 262 Sherburne Ave., between Fazrington & 651/266-6639) � �..�. Commissioner Kramer stated District 7 recommends a�bval. No person spoke in opposition. "I`he public heazing was ��ised. The � a roval on a vote of 7-0. _� PP ;�-�z;�. MOTION: Commissioner Kramer moved the Zonin; the rezoning. The motion carried unanimously on ¢ #04-214-418 Sason Ford - Variances ior pazking iots in VP yard setback (9 ft. proposed, 13 fr. required); '- o the (distance from the adjoining RTl-zoned pr ` �� L rc proposed rather than plants in the yazds � dev�, LL ' � security fence of chain link with slats �'f. high pgopo permitted); fence along Galtier Stre�ess th /o op frontage of tl�e parking lot at 25 ,S�erburne a �and 2 Galtier. (Patricia James, 651 _ _ �,r"'639) �,� �� Commissioner Kramer r. pEiSQ�^$pOlCO lIl OppQ'< the to VP �C�-- to approve ) District: front Sherburne edl: stone mulch 3"the screened fencing; a _ decorative up to 4%z ft. : mulch along the Galtier Ave., between Farrington & ��pproval. No one spoke in suppoR. Two �as closed. The Zoning Committee of 7-0. the Zoning Committee's recommendation to approve rcously on a voice vote. - Approve resolution. (Wendy Lane, LIEP, 651 /266-9081) ;IVir. Soderholm ask '° mmission to take this item up as uew business even though it was not !on flie published a da:'uMs. Lane explained that LIEP is now funded entire(y from fees. Three or four years ago, '�� Pla�ming Commission proposed an annual billboard inspection fee, but flie City have dropp ,, ollecting that fee as a result of the settlement of the billboazd lawsuits. �eviewing s�g�q�pplications and doing sign lnspections takes quite a bit of stafftime. LIEP is ��e�efa�e��osmg three new sign fees for: (1) billboard extensions; (2) temporary and/or �art�`'�� stgns, and (3) insurance certificates. The first rivo would be based on zoning �en�ments. Because more si� fees aze built into LIEP's 2005 budget, she is asking the Planning Commission to expedite these zoning amendments. She would like to bring her draft of the amendments to the next Zoning Committee meeting for discussion and to set a public hearing. �� os-a�� where they discussed vegetation and tree preservarion in the corridor. X. Old Business Commissioner Alton thanked Chair Johnson for his service this past yeaz and congratulated him on a good yeaz. He was applauded by aII the Comxnissioners. Mr. Soderholm stated that last year the Neighborhood and Current Commission deak with the environmentat review for the Bridges o West Side Flats. He said that the DNR objected to the AU,�R env due to the obstruction of views across the river valley. ant option that is consistent with the River Conidor Chap ' the Co existing zoning. Last week the staff inet with the dev per, the � a�eed that another altemative would be added to th AR. the environmental work for the altemative, includin �- :a v capacity, and stormwater management. T� XI. New Business None. XII. Adjournment Meeting adjourned at 10:30 a.m. Plamm�g and City of Saint submitted, traffic, (Date) tee and the sal for the , primarily lude an and the „ Sue McCall Secretary of the Planning Commission PED�BrutonUl4inutes�ivlinutes 2005\I-28-2005 6 Secretary � l , u � \ J 05-��5 MINUTES OF THE ZONING COMMITTEE Thursday, January 6, 2005 - 3:30 p.m. • City Cauncif Chambers, 3rd Floor City Hai( and Court House 15 West Kellogg Boulevard PRESENT: ABSENT: STAFF: Alton, Anfang, Donnelly-Cohen, Gordon, Kramer, Mejia, and Morton Faricy Patricia James, Carol Martineau and Peter Wamer The meeting was chaired by Commissioner Morton. Steven & Kenneth Johnson - 04-212-757 - Rezoning from RT2 (Townhouse Residential) to B3 (Genera! Sus9ness). 378 an� 3841� Sil]li bztween Grand and Forbes. Pafricia James presented the staff report with a recommendation of approval for the rezoning. She also stated District 9 made no recommendation. At the question of Commissioner Gordon, Ms. James stated the surrounding area is all commercial, with the exception of the duplex to the north. Kraus Anderson is in negotiations to purchase that property, assemble a larger parcel, and havz it ail rezoned to allow for redevelopment in the area. A�thur 6aumeisS�r- lll, representatiue-af th� applicant, stat�d-they wer-e �rying Eo asser�ble fhe {and ir� the area for redevelopment. �Shletty, 2G0 Grand Ave., explained that if the area was rezoned, a short term parking lot would be created and in the long term there would be a building on site. He also stated they have been communicating with District 9 and other key people in the.neighborhood pertaining to the plans for the area. No one spoke in support or opposition. The public hearing was closed. After further inquiry as to who were the owners of the property, Commissioner Gordon moved to lay the rezoning over until January 20, 2005. Commissioner Kramer seconded the motion. The motion passed by a vote of 6-0. Adopted Yeas - 6 Nays - 0 Abstained - 0 Drafted by: Submitted by: Approved by: ;�,�I/L�,�/1/a_.� o,�i�i , �dpcg� � //��i� Carol Martineau Patricia James Gladys rton Recording Secretary Zoning Section Chair • D - a �� MINUTES OF THE ZONING COMMITTEE Thursday, January 20, 2005 - 3:30 p.m. City Council Chambers, 3rd Floor City Ha11 and Court House 15 West Kellogg Boulevard PRESENT: Alton, Anfang, Faricy, Gordon, Kramer, Mejia, and Morton ABSENT: STAFF: Donneliy-Cohen Patricia James, Carol Martineau, and Peter Wamer The meeting was chaired by Commissioner Morton. Steven & Kenneth Johnson - 04-212-757 - Rezoning from RT2 (Townhouse Residential) to B3 (General Business). 378 and 384 N. Smith., betvveen Grand and Forbes. The public hearing is closed. Patricia James reported that the City had received a signed statement from the new owner of 384 Smith stating he wilJ not object to rezorting the property to B3. Pefer Wamer, Assisfant City Attomey, stated that the document is su�cient to show that Mr. Hemp, the new owner, has been notified that his property is being rezoned. Commissioner Mejia moved approvai of tne rezoning. Commissioner Gordon seconded the moYion. Adopted Yeas - 7 Nays - 0 Abstained - 0 Drafted by: �.¢� �� / � li�`�U'7 j� ' �- Carol Martineau Recording Secretary Submitted by: Approved by: - �� Patricia James Gla s Morton Zoning Section Chair • r � L J • 01106l2005 16:51 6124556686 . Date: � z�� t� o�- Property Location� 384 Smith P�GE 01/01 Zo r., �� G� c�,r� �. a�. _ z� z- z s 7 05 -d �s This agreement be#ween Ken Johnson with Steve Johnson and �D�� M � buyers as named of 384 Smith. i�� ihis purchase of property the new ou�rners must not object the rezoning of 378 Smith and 38�4 from a R2-2 to a B-3 non-conforming legal said prop��pm ��af use of so be it. � � �60� B � �� Date Buyer PriM Name teve Johnson Oate Buyer Dete Buyer Pdnt Name Buyar Dale Huyer Pdnt Name STATE OF M NE�OTA i oa�;ty of a�vw•, This foregoing instrument was acknowled ed before me on �.w��, �`l� r— �:�o� 1 SignaNre af persan takfng a �owledgemen! • EDY1�AIm OONND WNERS � �Li� r~ 4dOSFSF3YPUEl1C•4AINNESO�A � � IYn' Cq�N83ION � EXPIRES lAN. 31. 2005 DEPARTMENT OF PLANNING & ECONOMIC DEVfiLOPMENT Susnn KimberZy, D�7ector d5 a�s � CITY OF SAINT PAUL Randy C KeZZy, Mayor 23 Wert Fourth Streer Telephone: 651-266-6700 SaintPmd,MAlSSIO2 Facsimile:651-118-31Z0 February 9, 2005 Steven and Kenneth Johnson 309 Harrison Ave. St. Paul, MN 55102 Kraus Anderson Construction Co. 200 Grand Ave. St. Raui, MN 55102 Arthur Baumeister III 456 Harvest Green St. Paul, MN 55102 RE: Zoning File # 04-212-757 Steven & Kenneth Johnson Dear Steven and Kenneth Johnson: On December 13, 2004, you applied to rezone property at 378 and 384 N. Smith from RT2 (Townhouse Residential) to 63 (General Business). After a public hearing by the Saint Paul Planning • Commission's Zoning Committee on January 6, 2005, the Commission voted to recommend approval of your request on January 28, 2005. The Planning Commission's recommendation is being forwarded to the City Council for their action. Minnesota Statutes 15.99 requires that city action on zoning applications be completed within 60 days of the date the application is made, but allows the City to extend this period for an additional 60 days (ioiai ofi 120 days). in order to accommodate the City Councif public hearing on your rezoning, which is aiso required by state law, the City of Saint Paul is hereby extending the deadline for action from February 11, 2905 to April 1, 2005. The City Council public hearing on this rezoning has been schedufed for February 16, 2005. At this time it appears that City Council action will occur well before the new April 1, 2005, deadline for action. Piease call me at 651-266-6639 if you have questions. . Si �re�y, � . Patricia James City Planner cc: File # 04-212-757 Zoning Administrator License Inspector District 9 Community Council AA-ADA-EEO Employer c�s-a�s ZONING COMMITTEE STAFF REPORT ' , 1• APPLICANT: Steven & Kenneth Johnson FiLE # 04-212-757 2• TYPE OF APPLICATION: Rezoning HEARING DATE: January 6, 2005 3. LOCA710N: 378 and 384 N. Smith., between Grand and Forbes 4. PIN & LEGAL DESCRIP'f10N: 01-28-23-41-0009 and 0 1-28-23�1-0171; SAMUEL LEECHE'S ADDITION TO THE TOWN OF SAINT PAUL VAC FORBES AVE ACCRUING, W 101 FT OF LOT 8 and W 101 FT OF LOT 9 BLK 2 5• t'LANNING DISTRICT: 9 6. ZONING CODE REFERENCE:§66.400; §61.801(b) ��STING ZONING:RT2 7. ST,4PF REPORT DATE: December 29, 2004 8. DATE RECEIVED: December 13, 2004 gY� Patricia James 60-DAY DEADLINE FOR ACT10N: February 11, 2005 A. PURPOSE: Rezoning from RT2 (Townhouse Residential) to 63 (General Business). g• PARCEL SIZE: 134.7 R. (Smith) x 101 ft. = 13,602.7 sq. ft. C. EXISTiNG LAND USE: both properties are residential (duplex and triplex) D. SURROUNDING UWD USE: North: duplex and parking lot (RT2, VP) East: mixed residential and commercial (B3) South: parking lot for Saivation Army (B3) West: mixed density residential, Salvation Army (RT2) E. ZONING CODE CITATION: §66.400 lists uses permitted in the 63 zoning district; §61.801(b) provides � for changes to the zoning of property initiated by the property owner. . HISTORY/DISCUSSION: 384 Smith is a Iegai nonconforming triplex. In 2000 three variances were approved for the use (Z.F.# 00-140-953). 378 Smith is listed in the Office of License, Inspections, and Environmental Protection as an iliegal duplex. G. DISTRICT COUNCIL RECOMMENDATION: District 9 had not commented at the time this staff report was prepared. H. FINDINGS: � 3. � � 5. 1. The applicants wish to sell their properties to Kraus Anderson Construction Company, who will redevelop the site for an o�ce buiiding. The interim proposed use for these properties wiii be off- street parking. The properties to the east of these buildings are zoned 63, as is the property to the south. STAFF RECOMMENDATION: Based on the above findings, staff recommends approval of the rezoning from RT2 (Townhouse Residential) to B3 (Generai Business). The proposed zoning is consistent with the way this are is developing. Its proximity to the United Hospitals complex and the existing Kraus Anderson properties indicate that this area is in transition from an older residential area to a more institutiona{ and commeroial area. The District 9 Plan (1980), shows this area as part of the West Seventh commercial area, and supports mixed uses with commercial on the ground level. The Land Use Chapter of the Comprehensive Plan supports redevelopment in this area to accommodate a mix of land uses and densities that support transit. The Comprehensive Plan's General Policies support ensuring that sufficient land resources are available and used to their maximum economic and communify benefit, and ensuring a supportive environment for existing businesses. The proposed rezoning is consistent with these policies. Kraus Anderson is continuing to assemble land in this area for redevelopment. As part of a larger site, this property can be developed in a way that complements the residential uses across Smith. The interim parking use can be developed in a way that buffers adjacent residential uses. The consent petition of adjoining property owners was found to be sufficient on December 14, 2004: 25 parcels eligible; 17 parcels required; 17 parcels signed PETITION TO AMEND THE ZONING CODE Departa:ent of Planning and Economic Development Zoning Section I400 Ciry Hall Anneti 25 West Fourth Street 5aintPauh MN 55102-1634 (651) 26Fr6589 APPLICANT PROPERTY LOCATION Property City �. PQ.1 St � 3 Zip Contact Person (if Address 1 Location LegalDescription .Samaut L_ p��»`,S Ad� ;}-/r�t+, -�� -}p�✓r� �t7 $1 Pak� �SU2.S�" �81 n� �o�' � ar,o� )t5�8 ef b�Ca.currentZoning R� (attach additional sheet if necessary) TO THE HONORABLE MAYOR AND CtTY COUNCIL: Zoning Ordinance and to Section 462.357(5) of Minnesota Statues, u�. �ur a��-Mr"�'� owner 1 of land proposed for rezoning, hereby petitions you to rezone the above descr ed property from a 1t �'4� zoning district to a �'" � zoning district, for the purpose of: (�ai`� bL'.a.��c�r�inta �} � � G `��. bu� ��, Tv, � w�'e �se � �f��7S��S� (a@tach additiona{ sheets if necessary) Attachments as required: ❑ Si@e Plan Subscribed and sworn to before tne this � day �cz f , ao�. ;/ , �� /� . . . - , /Ud o. a � �d 1L-2 �Consent Petition GZ Gtif � �°��y EDVYARD 130Nq�p p,qyERS NC?ARY ?UBL`C - MINNESOTA fNY COPtIRqIS510N EXGlRE3 J,qiJ. 31, 2005 Page 1 of _ �5-o?6S d5��e CITY OF SAINT PAUL CONSEi�TT OF AD70II� PROPERTY OWI� FOR A REZONING 4Ve, the undersigaed, owners of property within Ipp feet of the total contio ous description of rea� estate owned, purchased, or sold by TF� pgTI'?TONER withi� on� yeaz prece�g ;be date of tais peution acicnowiedge tiiat we have been presented with the following: I. Acopyofthepetitionof!"I{��!' �a ,y�Q� S�� '�,"� name of to rezone the propetty �ocated zt �_ � �� P� 1 from a��ZQning di��ict to a��yan�� dzstrict; and � 2. A copy of sections �� ou h� g S:� inciusive of the Sair_t Paul Zoning Code: We acImowledge that we aze awaze of all of the uses permitted in a�_ aze aware that any cf these uses can be estab&shed upon City Council approval of the R z�ning. We hereby consenF to the rezoning of the property in the petit:on of �r�,..� (jccUMefs`�d' I� to a ��_ ��r,ing district. (name of peritioner) • We consent to the approvai of this rezoning as it was exgIained to us by t��e appticant or his/her representative. ADDRESS 6R PIN RECORD 0 WNER SIGNATURE DA.I.E o � d �� n ►„��..n . _ �,i _ Cj�—��-a3-�1-�: 01�8-�3� �► �c� �t- as-a3 - Ln-��1 61 �8 -�3-�I1-0i6� C� 1- �$�� 3- �� 'l�l� ow-a� a3�y1-�oll n < _�-�! —�f �_I7—� �. - ��-6 y a-r�-�y �=�7—dy �-i�-tl�l � 1- � • �3-�11-�33 �- � �. � ,, , I � `' � � �3` cx�,�b = _ -� � I a - I� --��/ �11��x -->i. � ,��t t�f p ��J �y'`��,2 � ./.r-c�� ,_�. . s �;- M 1 '��3 �wJ�� /�DN J/JfJClh�uz/ ? �-`� d . This petition sha11 not be conciderzd as officially filed until the lapse of seven (7) working days after it is received by the Plannin� Division. Any signator of this pedtion may withdraw his;rer name therefrom by written reqnesT within that tirne. U • � ,o-o, ;;" � CITY OF SAINT PAUL CONSBlv'T OF AD70L�'IlVG PROPERTY OW�TERS FOR A REZONLNG ps -a �5 We, the undersigned, owners of propery within 100 feet of tt�e total contiguous description oi rea.� estate ownzd, pu:chased, or soid by THE p ETTTTQ�TFR ;� � y e� r�e�z��e date of tnis petition acimowiedge tnat we have been piesented with the fallowing: I. A copy of the petifion of �� f . ll� Si. P�u 1 - iame of to :ezone the prope:ty !oczted zt �� „ s trom a�Z�n.ng 3is�ict :o a�ZOning district; and 2. A copy of sections •Sb � c]uongh (}, ��;nclusive of the Sair.t Paul Zcning Code. We acknowledge that we are awue of all of the uses pernutted in a�_ are aware that any ef these uses can be established upon City Council aoproval of the Rez�ning, c We he by consent to the rezoning of [he property in the petition of �Y�i..�' �j�{,urn2l� � (name of petitioner) t � a � "' �istrict. We consent to the approval of this rezoning as it was explained to us by the appiicant or his/her representative. u u ��ucia:ry rnea unnl the lapse of seven (7) working days after it is received by the Planning Division. Any signator of tn:s petition may wichdraw hislher aame therefrom by written request witr�in that time. io-a_ r1DORF.e; r,a ar�; nr,,,,.,.. _.._�_ Y � CITY OF SAIitT PAUL ; 'ps - a6 �" CONSENT OF ADTOIlVING PROPERTY OWl\'ERS FOR A REZONING We, the undersi�ned, owners of properry y�i�� ZDO feet of the total contio ons descriprion of reai estate owned, purchased, or sold by � pg�T�� ,y� Yrece'c�„-'-,g ;�e date of this petition acimowiedge that we have been presented with the following; 1. A copy of the petikon of T'f ��u (' to rezone t3e grope:t�� located at 7,`] �e of from a ,�_Z��ng disr.ict to a�� zoning distcict� and ----�_ � P� 2- A copy of sections .St�) � �o �� of the Saint Paul Zoning Code. We acknowledge that we are aware o{ aii of the uses pem�itted in a � aze aware that an cf tfiese uses can be established u on Ci� � ZOII�g �strict, and we Y P `y Council anprovai o€the Rezoning. We hereby consen¢ to the rezoning of theproperty in the netition of Y�uf �jQcamei� �I� (name of petitioner) t0 a � z�r.ing district. We consent to the approval of this rezoning as it was explained to us b;� the app�cani or his/her representative. AI'iDRb55O$PIN nr.+�..,,..�----- C � � � in_n- This petition shzll no[ be considered as officiaily iiled until the lapse of seven (7) working days af;er it is received by the Plznning Division. Any Signator of this petition may withdraw his/her name therefrom by w:itten request within that [ime. os a�� CITY OF SAINT PAUL • CONSENT OF AD70LNLNG PROPERTY OWIvTERS FOR A REZ4N�G VJe, the undersio ed, owners of property within IDO feet of the total contip ous descriprion of rea� estate owned, purch2s�d, or sold by `1�IE pETI'STO?sER with;� one yeaz p*ece�g ihe date oi this petition actmowiedge that we have been presented witfi the foIlowing: . 1. A copy of the petition of Ti{��^ (� lll name of periuoner) to rezone the grope:ty located at _� ,� ��.,,-� �� from a��zening.disLict to a Q zoning district; and �� LJ C �� P 2. A copy of sections •Sb' through �� - ,'nclusive of the Saint Paul Zon:ng Code: We acknowledge that we aze aware of ail of the uses permitted in a� yoning district, and we aze awaze that any of these uses can be established unon City Council anproval of the Rezoning. We hereby conse.^.t :o :he ;ezoning cf L'�e p:opzrty in ihe peiition of �tY 1''+v�P 1JC(caM2t� �� t� a��_ �aning district. (name of petitioner) � We consent to the approval of this rezoning as it was exglained to us by t;�e agpfican� or his/her representafive. � This petition shail not be considered as officially filed un:il the lapse of seven (7) wo;king days after it is received by the Planning Division. Any signator of this petition may withdraw his/t;er name therefrom by written request within that time. �o-o� ADDRfi55 OR PIN RECORD OWNER SiC:NATTiRF ,,,��r�r ---�_ i,_ to rezone tbe propeat C Y Iocated at � from a --� ZOning dis��; co a 2• A copy of sec ' ,�b --> ....,. trons throu h g �� inciusive We acknowledge that we of the S2ir.t Paui Z.enin are awaze that an � p � awaze of all of the g Code. consent to the re o��e us`s c uses permitted in a 3 an be established upon Ciy Co�Ci1 aD ning of theprope V zoning districc, and we rtS' in t5e pet�tion of p of the Rezo 'T uf' �j� � fi �g• We fiereby (nazne of petiti-0ner) to a �� K'e conseht to the a zor,ing district. his/her representati °f this rezonin , ADDRESS �a n�,- g as �t wa` exFiained to tys bv t?,o .,__.. � � � � • OS-��5' CONSENT ap CITy OF S�INT PAUL `�� PROPERTY 0 W�,-ERS FOR A REZ(3NrrrrV We, rhe undersi�ed o�ers of ro e V` v °wned, purchased, or sold by p P � wi �in 100 feec of the to acimowiedge that we have � pETITIp�R r . tal contie ons description of reat estace been presented w' �� Y�� ptece� Itb the foIlocvin g the dace of I. A copy ofthe petitionof_�{��}�/� "� � Pett�on �o-o� :ceived by the p1 - "'�u�rea as officially filed u anning Division. ,� ntil the lapse of seven 7 ritten request w{tt�_n tbat tir,ie, Y signator of �is �) workin da peti[ion may wi[hdraw his,�re g Ys af*.er it is r name therefrom by d5-��S � CITY OF S:�ArT p 4UL CONSEI�TT OF A.D7pIN.�G pROPERTY 0 Wl�?ERS FOR A REZONIlVG 1. A copy of the petition of /"t f i""'1k (` R'e the undersi�ed, ov✓ners oi propem, �� 100 feet of the totai contia ous description of reai estate °wned, purchased, or sold by 'I'� pg acimowiedge that we have been resan � � on ` �`` Frecedin F with tha foIlowing; g�e date of thiS petition � to rezone the property loc2:ed at --�_ llt from a �zoning distric[ [o a �_ . zoning district; and A copy of sections •.5(� through .�� • mclusive of the S2int Pau! Zoning Code. We acknowledge that we aze aware of all of rhe � are awaze that any of these uses can be established upon C'iry Council a ro3 consent to the rezoning of ffie ro e Zoning distcict, and we /� P P I'ty in the petition of Pp � of the Rezoning. We fiereby /rtY'�u�' �QurrtPi� � (name of pehuoner) to a�� Zon�g �istrict. We consent fo the approvai of this rezoning as it was explained 's/her representative. A�DRESS OR PIN o�-a� a3-��-c� G �l -as-a3-�►-��6 RECORD OW[VER S G I V Sm ) va l�r,� SGIva��, � This petition shail not be considered as officialIy filed until the lapse of seven received by the Planr,ine Division. Any signator of this petition ma � withdraw i written request w]t?�;n that time. � �'orking days afrer it is 3 his, rer name cherefrom by �O � bY �' e app�cant or DATE .� � � �=a�s CITY OF SAINT PAUL CONSENT OF AD70IlVING PROPERTY OWIvTERS FOR A REZONIlV�G We, the undersio ed, owners of proper[y within 100 feet of che [otai condd trus description of reai estate owned, pprchased, or sold by TI� pFTgrZO_r?ER wi*.hin ene year preceding the date or' tnis petiuon aciaiowiedge that we nave been presented wztfl the following: I. A copy of the petition of fi � f f name of to rezone the prope:ty loca±ed at 7 , �.,.. from a�_ZOr�g 3is�ict to a�youn�a district; and �� P� 2• A copy oi sections .St�� ough C}o ��nclusive of the Saint Paul Zocung Code. We acknowledge tha[ we aze awaze of all of.the uses permitted in a�_ are awaze that any cf these uses can be established upon City Council approvai of t�e R zoning, c W �er by consent to the rezoniag of the p;opem� in the petition of �cr�Mv�" �jCt:,�n,erS7cC� � ta a �_ zoning diszrict. (name of peritioner) . We consent to the approval of this rezoning as it was exglained to ns by t�e applicant or his/her representative. ADDRESS OR PIIS RECORD OWiVER SIGNATUR� � � �J � �� This petition shaii not 6e considered as officiai:y filed until the lapse oi seven (7) working days after it is received by the Pianning Division. Any signator of this petition may withdraw his/F;er name therefrom by writrzn request witF�in that time. ds-a�5 CITY OF SAINT PAUL � AFFIDAVIT OF PERSOI� CIRCULATING CONSENT PETTTION FOR A REZOiV1NG S TATE ,OF ?vILT�TNEg pTA) :SS COtJi�Ty pp RAMSEY ) � %�l �� , being first duly sworn, deposes and states that he/she is the person who circulated the consent petition cansisting of �b pages; thaf �ant is in�o*med and believes that rhP �2-'*.i-s descrzbed en The ccnsent pe�.�*icn are the awners cf the pa:cels of real estaie described immediately before each name, and that each of the parties described on the consent petition is an owner of property within 100 feet of t�he subject preperty descri�ad in L�e pe4tion ar.d al: groperty COilu to the s�bject property that was owned, purchased or sold by the petitioner within one (1) year preceding the date of the petition; that the consent petition was signed by each said owner; and that the signatures are the true and correct signatures of each and all of the parties so described. �� L � Subscri6ed and swom to before me th}s � � day of , 20 �� t�l` ! � �� + \ � �,�n �--' �C��N'�S`' � -� � � NAME �1� � �/�;r �4�-� a�La.�ss ��1- �� -� � � TELEPHONE :�nJ* 1BER NANCV q� Nota�y p�btic- TANTpN Miq� �^ �� ._ sota � Q 5 �..�� CITY QF SAINT PAUL AFFIDAVIT OF PETTTIQNER FOR A RE2pNf�lrG STATE OF MINNBS OTA) :SS COUNI'Y OF RAi1�iSEY ) The petiuor:er, ��,.,�+,,-��° S-�-Pr' �.ein first dui sworn, de ..__- consent geYition contains signatures of the owners of at Ieast two-thirds (2/3) of a11 e g ble groperties within 100 feet of the subject properiy described in the petition and at1 prope_rty contigeous to the subject P=�Y�rty �at was ow::ed, �*urc�ssed, cr sc'd bc the petiE�oner hith:r. one (1J year prECed;ng t�'�e date oi the petition; petitioner is informed that the consent petition must contain signatures from eac� and all owners of joi::t�y-o�=.�n� F=cP�'�, in order te cous�rate ccnsent fro� that prope:t°y an�t that fa::ure ta obt�?� censert from each �d aii owners couid invalidate the consent petition; petitioner:bei;eves that Lhe consent petition was signed by each of said owners and that the signature are the true and coirect sia atures_ of eacfi and all of the parties so described. Sq�scribed and swom to before me thi � day of � 20� ,�-----� -3_ � C�►�� [ i � • • . ; �� ( /� P /ME �`i..,� . _�� ,�� g��, s, c��;� �,� � — 6�� u � �,5�'/ TELEPHCNE NLivIBER `�'� ¢ NANCY A. STANTON Notary pubiic-Minnesota � �y ��'� E*P��es Jan 37. 2ppg � � � eo.a, 05 a,�OS • Zoning File # 04-212-757 �� Southeast corner, vacated Forbes and Smith os-a�� Southwest corner Smith & Forbes Zoning File # 04-212-757 �-�;,��..; y� ,�� OS-�65" i � Across Smith to south Zoning File # 04-212-757 C75 �e �' C� Across Smith Zoning File # 04-212_757 � os -a�s i �� :K.� ° �� ~�:v _ . �� .�� `-� .� ..r�.�:. _ a� �� : �m� Y. _ . _µ�- �: �.� Across Smith Zoning File # 04-212-757 � J • North on Smith Zoning File # 04-212-757 � � • North of site Zoning File # 04-212-757 �5-�,65" � 378 and 384 N. Smith Zoning File # 04-292-757 • I ' ._, �� C � 1 .SUNRAY-BAT7LECRtEK-NT6HWOOD 2.GREATER EAST 5IDE � 3.WEST SIDE , � 4.DAYTON'S BLllFF S.PAYNE-PH�LEN 6.NORTH END � 7.TNOMFlS-DALE SUMMi7-UN NERS:TY 9. ST SEVENTH . COihO 11.HAMLINE-�MIDWAY 12..ST. ANTHONY 13.MERRIAM PK.-LEkIt�GTCN HAMLIPlE 14.6ROVE�AND-MACALESTER 15.HIGHLAND i6.SUMN?IT HILL 17.DOWN70WN ♦ I � CITIZEN PARTICIPATION PLANNING OISTRICTS as-a�s 0 � DISTRICT 4 � - � �„ � A I� � Z��1�� F�LE _____. I ��y.Z j z-? �7� � � �" � � � �;�,,, �� ,� , � r $^ � M � � � ,.��_- .,:�>, t=�.: �d � �a �� r� � �,� � � �� ' � �5= d�e 5 �, .-��:.�.�-. F< �� = -��. � � �� .�� sr � m.m� ..s.a � .�,,. � t R �. 6 � � �� ° � �° ; ��,�� / � � � � - �._�...,,.�..� _ - � � �.°�`�,�°.,,�.� .� . � r , . ¢� a _ � ,� AP?LlCA":T ��0m � LEGSN�J —.! PJ,�POSE �� zonn�g d�s(ric( �uund=_ry• � ��DF,TE ��°°2�� C�%� suS;z�ip�ope;,y �� DiST�_ P,t�,P r �� `�O o orr family 1.�3� � C.�Ofd�ilil� � � . .._..._ j�� muiGpl ?(3Tily n o.;t� • a ^ GO�i1T3:[i� p ._<. Indu$I•Ia� V V?C2�: * �:�';'� { 3 : ��K"�'3��'' ��nA�cr''s`m3p"". y y � , . .. . . -- K ��: , . . . � �L"� �Q �san ..�� .��.. a<"_�4�� ,�