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05-267Council File # � � ��D l ORDINANCE NT PAUL, MINNESOTA Presented By Re£erred To 3a 2 0 � 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 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, Riverview Economic Development Association, in Zoning File 05-052-$09, duly petitioned to rezone 187 Cesar Chavez St., being legally described as Bell's Addition to West St. Paul ex Alley Lot 9 Blk 16, PIN 08-28-22-24-0023, from B2 (Community Business) to TN2 (Traditional Neighborhood); and WNEREAS, the Zoning Committee of the Planning Commission held a public hearing on February 3, 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 February 11, 2005, and approval to the City Council; and WHEREAS, notice of public hearing before the City Council on said rezoning petition was duly published in the officia{ newspaper of the City on February 21, 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 March 2, 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: Section 1. Ordinance # Green Sheet # �Go2SS ttee: Date � . , i That the zoning map of the City of Saint Paul, Sheet Number 38, as incorporated by reference in §60.303 of the Saint Paul Legislative Code, as amended, is hereby further amended as follows: tn-a�� 2 3 4 5 6 7 8 9 10 11 That the property at 187 Cesar Chavez St., being more particularly described as: Bell's Addition to West St. Paui ex Alley Lot 9 Blk 16 be and is hereby rezoned from B2 to TN2. Section 2. This ordinance shall take effect and be in force thirty (30) days from and after its passage, approval and publication. ��'�� °� Requested by Department of: By' Approved by May By' Plannin & ECOnomiC Dev 10 mE i By: Approved by Financial Services By: Form Approved by City Attorney Y Adoption Certified by Council Secretary � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � uepaccrcrenvomcercounac PE - plauninS&EconomicDevelopment Contact Person 8 Phone: Patricia James 266E('i39 Must Be on Council Agem ContractType: OR-0RDINANCE Date Mitiated: � � �a� � Green Sheet NO: 3025509 �� -' yepalIIll¢ni aeni � o rerson In1Oa u 0 aonioe & Economic Develon � Patricia damec � � Assign 1 � 1 &EconomicDevelo De armieutDirec[or Number 2 �C[tyAttomev LtiNAttornev �'' For Roufing 3 � a oYs O�ce Ma odAssistant Order � 4 ooncil (S Council 5 iN Clerk CSN Clerk 6 Ylan ' & Ec ' De elon P tricia Ja I Total # of Signature Pages _(Clip All Locations for Signature) Action Requested: Adopt ordinance memorializing City Council acrion approving the rezoning from B2 to T'N2 for property at 187 Cesar Chavez St, between State and Ada. Public hearing held Mazch 2, 2005. Planning Commis5ion CIB Committee Citil Service Comroission iN) Contracts 1. Flas this persoNfirtn e�er wodced under a contract for this departmerrt? Yes No 2. Has this person/firm eeer been a city employee? Yes No 3. Does this persoNfirtn possess a skill not normally possessed by any current city employee? Yes No Explain all yes answers on separete sheet and attach to green sheet Initiating Problem, lssues, Opportunity (Who, What, When, Where, Why): The applicant wishes to legalize a seasonal outdoor farmers market at this site. One of the steps to accomplish this is to rezone to TN2. The City Council approved the rezoning on Mazch 2, 2005, after a public hearing. AdvanWges ItApproved: Rezoning ordinance will be adopted per City Council intent. Disadvantapes If Approved: None. Disadvantages lf Not Approved: CiTy Council acrion will not be completed. �ofal Amount of Trensacfion: Funding Source: Finan cial Information: (Explain) CosURevenue Budgeted: ActiviN Number: �I � , ; �i�f_t�'_.{I� March 3, 2005 1:04 PM Page 1 DEPARTMENTOFPLANNING ' � &ECONOMICDEVELOPMENT � Susan Kimberly, Director b l CITY OF SAINT PAUL Randy C. Kelly, Mayor February 16, 2005 Ms. Mary Erickson City Council Research Office Room 310 City Hall Saint Paul, Minnesota 55102 Dear Ms. Erickson: ;: fi ;1 f would ii�ce to co�firm that a pubiic hearing before the City Council is scheduled ior Wednesday, March 2, 2005, for the following zoning case. Zoning File Number: 05-052-809 Applicant: Riverview Economic Development Association Address: 187 Cesar Chavez St., between State and Ada Purpose: Rezoning from 62 (Community Business) to TN2 (Traditional Neighborhood) for an outdoor farmers market Previous Action: Zoning Committee Recommendation: Approval, 7- 0 February 3, 2005 Planning Commission Recommendation: Approval, unanimous, February 11, 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 23, 2005, City Council meeting and that you will publish notice of the hearing in the Saint Paul Legal Ledger. Please call me at 266-6639 if you have any questions. Sin rely, I ^` � � Patricia James City Planner cc: File #: 05-052-809 Applicant: Riverview Economic Development Association Paui Dubruiel Wendy Lane Carol Martineau Allan Torstenson 25 West Fourth Sireez Sain[P¢ul, MN5�102 Telephorte� 551-266-6700 Facsimile: 651-228-3220 �,�., _ _�_ _. -� � ��r"`: �u.. NOTICE OF PUBIdC AEARING�. Ttie sau,c Paul crty co,meil. a9n-�on_ duct a� public hearing on,Wedne'sday, Mazch 2, 2005, at 5:30 p.m. in the' G}ty cofficil E1�ambera,ThirdFtooi City'Ha;1, ' t� consider the application oE $berview � ,Ex»nomic Development Association to re- zoue property at 1S7-Gesaz Cliavez Street (betw�en State aadtYda.Streets),from B2 (Commimity BUSmess) toTN2.(Tia�tional Neighborhood)��for an ouWoor farmera ,markea. � . �_ -� Dated: February 16, 2005 � MARY ERICKSON, - � - ' - Aes3stant City Councll�Secr"eYary = . . (Febriiary 2I) .. ' —�� SL PADL�FEGAG Tn.ttr.�_ -_�== 22093064 .� ' ' AA-ADA-EEO Empioyer �-a� 7 city of saint paul planning commission resolution file number os-�9 date February 11 Zoos WHEREAS, Riverview Economic Developmenf Association, File # 05-052-809, has applied for a rezoning from B2 (Community Business) to TN2 (Traditional NeighborhoodJ for an outdoor market under the provisions of §66.321 of the Saint Paul Legislative Code, on property located at 189 Cesar Chavez, Parcel Identification Number (PIN) 08-28-22-224-0023, legally described as Bell's Addition to West St. Paul ex Alley Lot 9 Bik 16; and WHEREAS, the Zoning Committee of the Planning Commission, on February 3, 2005, held a public hearing at �r�hich all persons present were given an opportunity to be heard pursuant to said application in accordance with the requirements of §61.303 of the Saint Paul Legislative Code; and WHEREAS, the Saint Paul Planning Commission, based on the evidence presented to its Zoning Committee at the pubiic hearing as substantially reflected in the minutes, made the following findings of fact: 1. The Riverview Economic Development Association (REDA) owns this lot and uses it for outdoor gatherings of various kinds. One of the uses is an outdoor market, held on Saturdays during the summer. The market sells produce grown by participants in the applicanYs "Youth Farm" program and adult growers from Saint Paul. One or two vendors also sell prepared food from mobile carts. The Office of License, Inspections, and Environmental Protection has �otified the applicant that outdoor sales are first permitted in the 63 zoning district. Based on this, the applicants initially proposed rezoning this lot to 63 General Business and requesting a Conditional Use Permit. After further discussion, they are now proposing a rezoning to TN2, which allows outdoor garden centers, and a determination of similar use that the farmers market is similar to the garden center use. 2. This area is included in the District dei Soi Smart Growth Opportunity Grant area established by the Metropolitan Council and the City in 20Q2. The Master Plan developed as part of this process calls for this entire commercial area to be rezo�ed from B2 to TIV2. The master plan was approved by the City Council but was not made a part of the comprehensive plan. Because of other staff responsibilities, the proposed zoning study to implement this plan recommendation has not been initiated. 3. Rezoning the plaza to TN2 would be compatible with the character of the surrounding area, would have no adverse impact on the neighborhood, and would be consistent with the intent of the district. As stated in § 66.313, "The TN2 Traditional Neighborhood District is designed for use in existing or potential pedestrian and transit nodes. lts intent is to foster and supporf compact, moved by �=tan seconded by i n favo r 1Tn animn llS against os�a�� Zoning File # 05-052-809 Planning Commission Resolution page 2 pedestrian-oriented commercial and residenfial development that, in tum, can supporf and increase transit usage." 4. The B3 General Business District is "intended to provide sites for more diversifred types of businesses ... and is intended for use along major tra�c arteries or adjacent to Community Business Districts." Va/hile Cesar Chavez Street is ciassified as a minor arterial "A" in this area, rezoning the property to B3 would be inconsistent with the desire for this commercial area to be a pedestrian-oriented commerciai node. 5. Rezoning the lot to 63 to accommodate the outdoor use could be considered a°spot zone" in that it would create "an island of nonconformity" in the larger 62 district. The TN2 classification has many similarities to the 62 district, and would not have the potential to create such nonconformities. NOW, THEREFORE, BE !T RES�LVED, that ihe Saint Paui Pianning Commission, recommends to Cify Council, thaf the application of Riverview Economic Development Associaticn for a Rezoning from B2 (Community Business j to TN2 (Traditional Neighborhood} for an outdoor market for property at 189 Cesar Chavez be approved. DEPARTMENT OF PLANNING 8 ECONOMIC DEVELOPMENT Susan KimBerZy, Ditector CITY OF S�`,INT PAUL Randy C KelZy, Mayor February 15, 2005 Ms. Mary Erickson City Council Research Office Room 310 City Hall Saint Paul, Minnesota 55102 25 Wut Fourth Street Saint Paui, MN 55102 os-a�7 � ,�� Tetephone: 651-2666700 Facsimile: 651-228-3220 Re: Zoning File #: OS-052-809 Appiicant: Riverview Economic Devefopment Association Address: 187 Cesar Chavez 5t., between State and Ada Purpose: Rezoning from B2 (Community Business) to TN2 (Traditional Neighborhood) for an outdoor market City Council Hearing: March 2, 2005, 5:30 p.m., City Councfl Chambers Staff Recommendation: • District Council: Zoning Committee Recommendation: Support: Opposition: Pianning Commission Recommendation: approval made no recomme�da4ion approval, vote: 7 - 0 0 people spoke, 0 letters were received 0 people spoke, 0 letters were received Approval vote: unanimous Staff Assigned: Attachments: Patricia James, 266-6639 Planning Commission resolution P(anning Commission minutes, February 11, 2005 Zoning Committee minutes, February 3, 2005 Correspondence received Staff Report packet cc: Zoning File #: 05-052-809 Applicant: Riverview Economic Development Association City Councit Members District Council: 3 Wendy Lane Larry Soderholm Ailan Torstenson Peter Wamer • AA-ADA-EEO Employer Y�� PETITION TO AMEND THE ZONING CODE Deparhnent ofPlanning and Economic Development Zoning Section ]400 City HaZlAnnex 25 WestFour/h Street SaintPmd,MN55102-Z634 , (65l) 266-6589 PropertyOwner K,vetvrew �c,�a,nic l��r sloyw,tn h flsso�: C Ryb�9) APPLICANT Address C$`�i �svr Lfiarcz 5�_ City 5�. P4�� St. �"1H/ Trp 53/by DaytimeAhone 63� ada �sy7 ContactPerson('rfdifferent) 1��Qt��Ad �Wl�[C� �jc��ta�Phone �dcZ 63�7 PROPERTY LOCA�f101� Address / R.ocatio� 1 8 q Ces a�^ C�ip vr 7 Legal Description �e Q 'S �-d�i �ro �i �c Zoning' f�, a bs a6� TO THE HONORABLE MAYOR AND CITY COUNCIL: PursuaM to Section 64.400 of the SaiM Paul Zoning Ordinance and to Seotion 462.357(5) of 'nn� 1� ^ . owner of land proposed for rezonin h eby one the above described property from a � a zoning district to a J zoeing districi, for the purgtose of: Set�rn� vp oohdoer w�Kr!('eY — vt�eu{ , 1�� Zoeivt� �a }�On �/�7 �' C� f 1 1 �L f' ��' �� v� S�` V 7 g /'p'!! � OU c � ror 4f' S3 i+i (attach addRional sheets if necessary) Attachments as required: � Site Plan Subscribed and swom to before me this l2 day �i��"�! Page 1 of _ �nsent Petition �: .., Statues, ms you to c (� �� % �r� �� i � Affidavit of Property D5-ah7 MINUTES OF THE ZONING COMMITTEE Thursday, February 3, 2005 - 3:30 p.m. • City Council Chambers, 3rd Floor City Hall and Court House 15 West Keliogg Boulevard PRESENT: ABSENT: STAFF: Alton, Anfang, Faricy, Gordon, Kramer, Mejia and Morton Donnelly-Cohen Patricia James, Carol Marfineau, Alien Torstenson and Peter Wamer The meeting was chaired by Commissioner Morton. Riverview Economic Development Assoc.- 05-052-809 - Rezoning from 62 (Community Business) to TN2 (Traditional Neighborhood) for an outdoor market. 187 Cesar Chavez St., between State and Ada. Patricia James presented the staff reporf wifh a recommendation of approval for the rezoning. She also stated that District 3 made no recommendation, and no letters were received regarding this appiication. Doug Copeland, applicant, stated the outdoor market would be open every Saturday from the middle to late part of June until the end of August, with the hours from 11:00 a.m. until 3:OQ p.m. No one spoke in support or opposition. The public hearing was closed. �missioner Gordon moved approval of the rezoning. Commissioner Faricy seconded the motion. The motion passed by a vote of 7-0 Adopted Yeas - 7 Nays - 0 Abstained - 0 Drafted by: �-�'�Z�r,�'�,�, Carol Martineau Recording Secretary Submitted by: � Patricia James Zoning Section Approved by: � � �� Glad Morton Chair • o5-a� � city of saint paul � �a�ning commission reso(ution le number os-�9 date Feb� ��, Zaos . WHEREAS, Riverview Economic Devefopment Association, Fi(e # OS-052-809, has app6ed for a rezoning from B2 (Community Business) to TN2 (Traditional NeighborhoodJ for an outdoor market under the provisions of §66.321 of the Saint Paul Legislative Code, on property located at 1�Cesar Chavez, Parcei Idenfificafion Number (PIN} 08-28-22-224-0023, legally described as Bell's A difion to West Sf. Paui ex Alley Lot 9 Bik 16; and W NERF_,�S, the Zoning Commiftee of the Planning Carnmission, on February 3, 2005, he{d a pubtic hearing at which ali persons presenf were given an oppo�tunity to be heard pursuant to said applicatior� in accordance with the requirements of §61.303 of the Sairt Paul Legisiative Code; and WHEREAS, the Saint Paul Pianning Commission, based on the evidence presented to its Zoning Committee at the pubiic hearing as substantially reflected in the minutes, made the following findings of fact: • � The Riverview Economic Development Association (REDA) owns this lot and uses it for outdoor gatherings of various kinds. One of the uszs is an ouidoor market, held on Saturdays during the summer. The marke# setts produce grown by participants in fhe apolicanYs "Youih Farm" program and aduf# growers from Sairif Paui. One or two vendors aiso seii prepared food from mobile carts. The Otfice of License, fnspections, and Environmental Protection has notified the applicant fhat outdoor sa(es are first permitted in the 63 zoning dis?rict. Based on this, ;he applicants initially proposed rezoning this lot to B3 General Business and requesfsng a Conditional Use Permit. After further discussio�, they are now proposing a cezorting to TN2, which allows outdoor garden centers, and a determination of similar use that the farmers market is similar to . the garden center use. This area is inc(uded in fhe District de( Soi 5mart Growth Opportunity Grant area established by the Metropofitan Councii and the Ciiy iri 2002. The Masfer Plan developed as.part of this process cails for this entire commercial area to be rezoned from 62 to TN2. The master plan was approved by the City Councii but was not made a part af the comprehensive p(an. Because of other staff responsibilities, the proposed zoning study to implement this pian rscommendation fias not been initiated. 3. Rezoning the plaza to TN2 would be compatible with the character of the surrounding area, would have no aoverse impact on the neighborhood, snd would be consistent with the intenf of the disfricf. As siated in § 66.313, "The TN2 Traditiorzal Neigh6orhood District is designed for use in existing or potential pedestrian and transit rtodes. !ts infent is to foster and support compact, moved by Mo=ron seconded by in favor ainst � IInanim011S 05 -�6 7 Za�fnq File # OS-052-809 Planning Commission Resolufion Pa9e 2 • pedestrian-oriented commercia/ and residentia( development that, in fum, can support and increase transit usage." , 4. The B3 Generai Business District is "intended to provide sites for more dive�s�ed fypes of businesses ... and ls intended for use along major tra�c arteries or adjacent to Gommunity . Business Districts." Whi{e Cesar Chavez Street is dassified as a minor arte�al "A' in tl�is area, rezoning the property to B3 would be inconsistent with fhe desire for this commercial area to be a pedestrian-orienfed commercia( node. 5. Rezoning fhe lot to 63 to accommodafe the outdoo� use could 6e considered a`spot zone" in fihai it woufd create `an isfand of nonconformit}r' in the iarger B2 disfrict. The TN2 dassification has marty similarifies to the 62 districf, and would not have the potenfial to create such nortconformities. NOW,-THEREFORE, BE (T P.�SJLVED, that the Saint Paul Ptanning Commission, recommends to City Councif, that the applicafion of Riverview Economic Development Association Tor a Rezoning from 82 (Community Business) to TN2 ( i raditionaf Neighborhood) for an outdoor market for property afi 189 Cesar Chavez be approved. • � r � U �-a�� Saint Paul Pianning Commission • City HaII Conference Center 15 Kellogg Boalevard West Minntes of February 11, 2005 A meetin� of the Planning Commission of the City of Saint Paul was held Friday, at 830 a.m. in the Conference Center of City Hall. �.. Comnussioners Mmes. Faricy, Lu, Morton, Porter, Present: and Trevino; and Messrs. Alexander, Gordon, 7ohnson, Kong, and Kramer. Commissioners Mmes. * DonneSIy-Cohen, *Zimmer I Absent: �`Scott. "Excused • Also Present: Larry Soderholm, Planning Yang Zhang, Patricia Jame and Mary Bruton, Depar� Tom Beach, LIEP. �=` � .i� �� I. Agproval of minutes of Ja ,�,y�ary 28, 2 the I� � c;ommission to c Thursdaqs in the of the minutes of January 28, Z005. rrtotion carried unanimously on a voice the Nfeizopolitan Council has awarded the Ciry of Saint Paul, � neighborhood planaing in the of I,oeb Lake azea, which is near Se Street. Chair Johnson asked for a volunteer from the Planning ie task force. Mr. Soderholm reported the meetings will be on with the first rneeting being held on Thursday, Mazch 20`". fated he has been working with the wind energy in southwest Minnesota and said project, witk a new populist spirit rising up on the prairie with the prospect of He will keep the Commission informed on their progress with wind energy. III. Planning Administrator's Announcements Mr. Soderholm introduced his new student intem, Nate Lischwe, who is a senior at the University of Minnesota and will be working with PED for the spring term. .�. .�. I�n��r ponna D �" -�� 8, Penny Simison, 3zn''£`i�i�se �� an Torst� "son, Nate Lischwe (Intern), of P�`�� ' o c Develo ment staff� and ��?� � P , 1, 2005, s o5-ab� N. Mr. Soderholm reported on City CouncIl business for last week and announced the agenda for next week. ' Mr. Soderholm stated a gzoup of citizens azound the Universiry of St. Thomas petirioned the EQB for a new EAW at St. Thomas. The EQB sent the petition to the City, so Douna Drummond and the City Attomey aze working on a response, which will be sent back to the EQB within a couple of weeks. Zoning Committee Commissioner Morton gave the Zoning Committee �w sus�ss #04-116-492 Rottlund Comoanv - Site Plan Review Street., Upper Landing, Block 1. (Tom Beach, 651L Commissioner Morton stated Das�ict 9 recomme opposition. The public hearing was closed. The conditions on a vote of 6-0. ,T� Commissioner Morton stated the (flower shop and coffee shop). (PatriciaJames, 651/266-663� development. in support or nds approval with two weeks. fornew nonconforming uses Midway Parkway and Bison. er Morton The nubkti approval. No one spoke in support or ; Committee recommends approval with Mu 1Yt3t�"� ved the Zonin� Committee's �ecommendation to approve '�s`�•.,, a the patkina xar�rr�'�e. The ' �arried unanimously ox a voice vote. �S ��`�,�.�d � .. "-y N�F �' #0��0-150 Reru�� T'�"�e - Rezoning from ItM2 (Medium Density Multiple Family �sidential) to TN�� zsasnal Neighborhood) to permit office use. 25 N Daie St., SW corner t � � �. a`t Portland. (Patrica�s, 651/266-6639) Commissioner Mci�n stated District 8 did not comment. Two persons sgoke in support; 1 letter was received in,�iipport. No one spoke in opposition. The public hearing was closed. The �oning Co ��`�ee recommends approval on a vote of 7-0. �` r��;��T�mN: Commissioner Morton moved the Zoning Commiitee's recommendation to approve `��e�ezoning. The motion earried xin¢nimously on a voice vote. #OS-052-809 Riverview Economic Development Associarion- Rezoning from B2 (Community Business) to TN2 (Tradirional Neighborhood) for an outdoor mazket. 18�Cesaz Chavez St., 2 � • • • as -a�7 between State and Ada. (Patricia .7ames, 651 /266-6639) • Commissioner Morton stated District 3 made no recommendation. No one spoke in support or opposirion. The public hearing was closed, The Zoning Committee recommends approval on a vote of 7-0. 1VIOT'IO�T: Commissioner Morton moved the Zoning Commiitee's the rezonina The motion carried unanimously on a voice vote. seasonal farmers market is similaz to an outdoor gazden State and Ada. (Patricia James, 6.i1/266-6639) Commissioner Morton stated District 3 made no opposition. The public heazing was closed. The vote of 7-0. MOT'ION Commissioner Morton moved the the determination of similar usz AMENDMENTS TO MOTIO\T: states it is a seasonal market open only; and add a 5` condition that : district will be reviewed by the Pla voice vote. �:= r� �J read, number of stalls in RE,�3A's Youth Fafi The at commendatio.n to approve :�� 3 . :.'. - ,: _ � = �;?.- _ na�T�:tfiat an outdoor s� vez St., between _ "_ s �;,�r :�, �� a� � � �;�:� „ _� one spotce�"S�p�'a�fi`tii �� =,4.�,., �._. ;orsmen sra�a�t�a3 on a commendation to approve ;� a 4"` condition that i August, and September rs markeu in the TN2 carried unar�imously on a moved amendment of condition #2 to �d to 7, one is reserved for the participants � who grow produce; omittina the words canied unanimously on a voice vote. on a voice vote. 3��.�iiFari�Partners�'� - Conditional Use Permit for two-unit cluster development ance a�� eaz yar�'d setback (25 ft. required, 1 ft. proposed). 818 Suuunit Ave., Avon an ,` ��atricia James, 651/266-6639) Commissioner Mort"° °s�dted District 16 made no recommendation. One person spoke in support. No one spoke in oP��o�sition. The public hearing was closed. The Zoning Committee recommends approval on a vate"`�bf 7-0. Morton moved the Zoning Commi#ee's recommenda[ion to approve use permit The motion carried unanimously on a voice vote. #OS-052-178 Sarine Pointe/Island Station. LLC - Conditional Use Pemut for construction of a levee in the floodway with variance of the requirement that rehabilitarion slopes be no steeper than 18%. 437 ShepardRd. (DonnaDrummond, 6�1/266-6556) r1 �J b5-a�� XII. Adjournment Meeting adjoumed at 1030 a.m. Recorded and prepazed by Mary Bruton, Planning Commission Secretary Planning and Economic Development Deparunent, City of Saint Paul Respecffully submitted, Larry Soderholm (llate) of the Planning Commission � • PED�Bmton�Nlinutes�2-I 1-2005 7 • Planning Adminislrator ,. ,..� o� a�� MINUTES OF THE ZONING COMMITTEE Thursday, February 3, 2005 - 3:30 p.m. Gity Council Chambers, 3rd Floor • City Hall and Court House 15 West Keliogg Boulevard PRESEN7: Alton, Anfang, Faricy, Gordon, Kramer, Mejia and Morton ABSENT: Donneliy-Cohen STAFF: Pafricia James, Carol Martineau, Aiten Torstenson and Peter Wamer The meeting was chaired by Commissioner Morton. Riverview Economic Development Assoc: 05-052-809 - Rezoning from B2 (Community Business) to ?N2 (Traditional Neighborhood) for a» outdoor market. 987 Cesar Chavez S#., between Sfiate and Adz. Patricia James.presented the staff report with a recommendation of approval for the rezoning. She also st2ted that District 3 made no recommendation, and no (etters were received regarding this application. Doug Copeland, applicant, stated the outdoor market would be open every Saturday from the middle to late parf of June unti( fhe end of August, with tfie hours from 11:00 a.m. until 3:00 p.m. No one spoke in support or opposition. The public hearing was closed. �missioner Gordon moved approval of the rezoning. Commissioner Faricy seconded the motion. The motion passed by a vote of 7-0 Adopted Yeas - 7 Nays - 0 Abstained - 0 Drafted by: Submitted by: Approved by: C.-�7 i�'(,Z�(IL�'� �v ��:� i%a-�'L/ Carol Martineau Patricia James Glad Morton Recording Secretary Zoning Section Chair • 05 �1 ZONING COMMITTEE STAFF REPORT • � • FILE # 05-052-809 1. APPLICANT: Riverview Economic Development Association HEARING DATE: February 3, 2005 2. TYPE OF APPLICATION: Rezoning 3. LOCATION: 187 Cesar Chavez, between State and Ada 4. PIN 8. LEGAL DESCRIPTION: 08-28-22-224-0023; Bell's Addition to West St. Paul ex Ailey Lot 9 BIk 16 5. PLANNING DISTRICT: 3 6. ZONING CODE REFERENCE: §66.321; §61.801(b) 7. STAFF REPORT DATE: January 27, 2005 EXISTING ZONING:B2 BY: Patricia James 8 . DATE RECEIVED: January 12, 2005 60-DAY DEADLINE FOR ACTION: March 13, 2005 A. PURPOSE: f2ezoning from 62 (Community Business) to TN2 (Traditionai Neighborhood) for an oufdoor market. B. PARCEL SIZE: irregular parcel, 50 ft. (Cesar Chavez St.) x approximately 125 ft. = 6,250 sq. ft. C. EXISTING LAND USE: open piaza (La Placita) D. SURROUNDING LAND USE: commercial uses surround the site, with parking across the alley to the north E. ZONING CODE CITATION: §66.3.21 lists uses permitted in the TN2 district; §61.801(b) provides for changes to the zoning of property initiated by the property owner. � F. HISTORY/DISCUSSION: There is no zoning history for this property. A companion application for a Defermination of Similar Use has also been submitted (File # 05-052-831). G. DISTRICT COUNCIL RECOMMENDATION: District 3(West Side Citizens Organizatio�) had not commented af the time this staff repoh was v✓ritten. H. FINDINGS: 1. The Riverview Economic Development Association (REDA) owns this lot and uses it for outdoor gatherings of various kinds. One of the uses is an outdoor market, heid on Saturdays during the summer. The market sells produce grown by participants in the applicant's "Youth Farm" program and adult growers from Saint Paul. One or iwo vendors also seil prepared food from mobile carts. The Office of License, Inspections, and Environmentai Protection has notified the applicant thaY outdoor sales are first permitted in the B3 zoning district. Based on this, the appiicants initially proposed rezoning this lot to 63 General Business and requesting a Conditional Use Permit. After further discussion, they are now proposing a rezoning to TN2, which allows outdoor garden centers, and a determination of similar use that the farmers market is similar to the garden center use. 2. This area is included in the District del Sol Smart Growth Opportunity Grant area established by the Metropolitan Council and the City in 2002. The Master Plan developed as part of this process calls for this entire commerciai area to be rezoned from 62 to TN2. The master plan was approved by the City Council but was not made_a part of the comprehensive plan. Because of other staff responsibilities, the proposed zoning study to implement this plan recommendation has not been initiated. 3. Rezoning the plaza to TN2 wouid be compatibie with the character of the surrounding area, wouid have no adverse impact on the neighborhood, and would be consistent with the intent of the district. As stated in § 66.313, "The TN2 Traditional Neighborhood District is designed for use in existing or potential pedesfrian and transit nodes. !ts infent is to fosfer and support osa�? Zoning File # 05-052-809 Zoning Committee Staff Report page 2 compact, pedestrian-oriented commercial and residential development thaf, in tum, can supporf and increase transit usage." 3. The 63 General Business District is "intended to provide sites for more diversifred types of businesses . _. and is intended for use along major tra�c arteries or adjacenf to Community Business Districts.° While Cesar Chavez Street is classified as a minor arterial °A" in this area, rezoning the properly to B3 would be inconsistent with the desire for this commercial area to be a pedestrian-oriented commercial node. 4. Rezoning the lot to 63 to accommodate the outdoor use could be considered a°spot zone" in that it would create "an isiand of nonconformity" in the larger B2 districf. The TN2 classification has many similarities to the 62 district, and would not have the potentiai to create siach nonconformities. I. STAFF RcCOMMENDATION: Based on the above findings, staff recommends approval of the rezoning from B2 (Community Business) fo TN2 (Traditional Neighborhood) for an outdoor markef. u • • �� c PETITION TO AMEND THE ZONING CODE Depardnent ofPlanning and Economic Development ZoningSedion 1400 CilyHallAnnex 25 WestFowtk Street SaintPauI,MN55IO2-1634 , (65l) 266-6589 Property os-a6 � � Add�ess C�'�i Le' Sar Cdta✓tz S�. Cityr 5.�. P4�� St r1N1 Z'ip 53/U? DaytimePhone 65/ dda63Y7 Contact Person ('rf different) 1��pP�v�d ��i�r �r�v�a�7 Phone ada 63h''7 PROPERTY LOCATION Address / LacaYion 1 S 1 Zesa r Cku ✓r 7 Legal Description �e l( 'S A-dd ��o .� �}a c , 'rf necessary) TO THE HONORABLE NIAYOR AND CITY COUNCIL: Pursuant to Section 64.400 of the Saint Paul Zoning Ordinance and to Section 462.357(5) of owner of land proposed for r zone the above described property from a �� zoning district to a zoning district, for the purpose of: SZtttn� V� o��o0r vv�arKPY _ y�.ee� �� ZoN/st� 7� J�pn �r��/' r � 1! I � � p' .„_ DS�I� �. �uw�i i r .� r�rado� '� �c� (attach additionai sheets if necessary) Attachments as required: � Site Plan Subscribed and swom to before me this / 2 day � Consent Petition ��TTR-Ta esota Statues, petitions you to �� G �� -�,01 1 � i� d� � Affidavit G of Property 5 '7ft � l�'rf�c"°-� c,r» Page 7 of ds-a�� n U Zoning �ile # 05-052-8�9 05-052-83'i • Site and surrounding property • ., u • Cesar Chavez St. frontage Zoning File # 05-052-809 05-052-831 O� 247 � Rear of site Zoning File # 05-052-809 05-052-831 • o�-�� • Across alley from site Zoning Fite # 05-052-809 05-052-831 -� ��,�1,«. � � <. � , s=:� ._ ° � 05 -�6 7 L� :�� : `-� rGp F �.. � ° � y+ � Across Cesar Chavez St. Zoning Fife # 05-052-gpg 0 5-052-831 vr; ;:_. �_ "�'� ` �" � r � �.. ;�- -� ';� �`�. �. > �� - ��e ._ .�° . . ' -"' -..c _ � `�� _ a�a �� • as a6�1 CI?i?c",Y' P�,='i ��. --=: -,_; i�i�.. C� � C� l.SUNRAY-S�ITLECREEK-HS&HSd00D ?.�GRE�TER EA.ST SIDt f � � ��3JkEST SIIIE� t �l. 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