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05-606Council File # �5� 10�J�U Ordinance # Green Sheet # 3C26923 ORDINANCE OF SAINT PAUL, MINNESOTA aRo Presented By Referred To Committee: Date 1 2 An ordinance amending Chapter 60 of the Saint Paul Legislative Code pertaining to zoning for 3 the City of Saint Paul and the zoning maps thereof: 4 6 7 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 WHEREAS, Pursuant to Minnesota Statutes §462.357 and §61.800 of the Legislative Code, Frias Family Partnership, in Zoning File 05-091-021, duly petitioned to rezone 407 Livingston St. E., being legally described as WEST ST PAUL BLKS 1 THRU 99 ELY QUADRANGULAR PART OF LOTS 2 AND 3 MEASURING 98 80/100 FT ON N L OF LOT 2 AND 94 FT ON S L OF LOT 3 BLK 35 (PIN 08-28-22-22-0015), from RM1 Low Density Multiple Family Residential to VP Vehicular Parking to construct a parking lot for the Boca Chica Restaurant; and WHEREAS, the Zoning Committee of the Planning Commission held a public hearing on May 12, 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 with site plan revisions; and WHEREAS, the Planning Commission considered the rezoning petition at its meeting held on May 20, 2005, and recommended approval with site plan revisions 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 May 31, 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 June 15, 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. � ;:: �,.r:7 ���� That the zoning map of the City of Saint Paui, Sheet Number 29, as incorporated by reference in §60.303 of the Saint Paul Legisiative Code, as amended, is hereby further amended as follows: That the property at 407 Livingston St. E., being more particularly described as: �`j' � i 2 3 4 5 6 7 8 9 10 11 12 WEST ST PAUL BLKS 1 THRU 99 ELY QUADRANGULAR PART OF LOTS 2 AND 3 MEASURING 98 80/100 FT ON N L OF LOT 2 AND 94 FT ON S L OF LOT 3 BLK 35 be and is hereby rezoned from RM1 to VP Vehicular Parking. Section 2. This ordinance shall take effect and be in force thirty (30) days from and after its passage, approval and publication. Benanav Bostrom Harris Thune Adopted by Council: Date Adoption Certified 7�y Cou By: Approved by By: J �� Requested by Department of: Plannin & ECOnomiC Develo me t sy: Approved by Financial Services By: Form Approved by City Attorney B / !����+cwv� �i'�.O...oS for � � e � � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � PE — Plannmg&EcunomicDeveloPmem ConqctPerson & Phone: Patricia James 266-6639 ConfradType: OR-0RDiNANCE 16,1UN-O5 �I � 0 hssign � 1 Number 2 For 3 Routing Order 4 5 6 Green Sheet NO: 3026923 � ('� { nine&EconomicDevdoa 4DirectorlS.Kimberlv ��� � (StvAttornev GStvAtto ev I �' pl7avor's Otfice Msvor/Assisfant ouncil Ci Council ' Qerk (.ti Clerk tans' & Eco mic Develo I Patricia James Total # of Signatore Pages �(Clip PJI Locations for Signature) Action Requested: � Adopt ordinance memorializing City Council action approving the rezoning from RMl Low Density Mulfiple Family Residential to VP Vehicular Parking forproperty at 407 Livingston St. E., NW corner at Isabel. (Zoning File #OS-091-021) Public hearing held June I5, 2005. Recommendations: Appro�e (A) or Reject (R): Planning Commission CIB Committee CiNI Service Commission 1. Has lhls persoNfirtn eeer woficed under a contract for this department? Yes No 2. Has this persorJfirm e�er been a city employee? Yes No 3. Dces this persoNfirtn possess a skill not nortnally possessed by any current city employee? Yes Na Explain all yes answers on separete sheet and attach to green sheet Initiating Problem, lssues, Opportunity (Wtio, What, When, Where, Why): �Frias Family Partnership petitioned to rezone this properry to enlarge the pazking lot for the Boca Chica Restaurant. The Ciry Council approved the rezoning on June 15, 2005, after a public hearing. Advantages If Approvetl: Rezoning ordinance will be adopted per City Council intent. JU� � Q 2005 Disadvanta5les IfApproved: None. . �. DisadvanWges If Not Approved: City Council acrion will not be completed. Total'Amount of Transaction: Funding Source: Financial Information: (Explain) JUN 21 2005 �..• �} �",�c M�t..:_� JUN 2 2 2QQ5 CosURevenue Budgeted: Activiry Number: June 16, 2005 9:28 AM Page 1 DEPARTMENT OF PLANNING & ECONOMICDEVELOPMENT Susnn Kimberly, Director � V„� �VW CITY OF SA1NT PAUL Randy C Ke1Zy, Mayor May 23, 2005 Ms. Mary Erickson City Councii Research Office Room 310 City Hall Saint Paul, Minnesota 55102 Dear Ms. Erickson: 25 WutFounh Street Telephone: 65l-266-6700 Saint Paul, MN55102 Fncsimile: 65ld28-3220 I would like to confirm that a public hearing before the City Council is scheduled for Wednesday, June 15, 2005, for the following zoning case: Zoning File Number: 05-091-021 Applicant: Boca Chica Parking Lot (Frias Family Partnership) Address: 407 Livingstan St. E., NW corner at Isabel Purpose: Rezoning from RM1 Low Density Multiple Family Residential to VP Vehicular Parking Previous Action: Zoning Committee Recommendation: Approvaf with site plan revisions, 5- 0 May 12, 2005 Planning Commission Recommendation: Approvai with site plan revisions, unanimous, May 20, 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 June 8, 2005, City Council meeting and that you will publish notice of the hearing in the Saint Paul Legal Ledger at least 10 days in advance of June 15, 2005. Please call me at 266-6639 if you have any questions. I AI ���� ��� Patricia James City Planner cc: File #: 05-091-021 Applicant: Boca Chica Parking Lot (Frias Family Partnership) Paul Dubruie{ Wendy Lane Carol Martineau Allan Torstenson N014CE OF PUBLIC mr.surnrG The Saint Paiil �ty Coimc�l w�11 conduct a publlc hearing on Wednesday, June 15, 2005 at 5:30 p.m. "in the City Council ct,amUers, Thira Floor, city Hall, ls west Kellogg Bovlevard, to consider the appli- cation of Boca Chica Parlflng Lot (F� Family Partnershipj to rezone properry at. 407 Uvingstpn Street East, northwest cor- ner at Isabet, from RMl (Low Density Mul- tiple Family Residential) to VP (Vehicular Pazking). Dated: May 26, 2005 . � . MARY ERICKSON - Assistanc L1ty council Secretary . (May 311 AA-ADA-EEO Employer city of saint paul planning commission resolution file number os-6o date �Y Zo, ZooS � �� WHEREAS, Frias Family Partnership, File # 05-091-021, has applied for a rezoning from RM1 Low Density Multiple Family Residential to VP Vehicular Parking under the provisions of §66.700 of the Saint Paul Legislative Code, on properly located at 407 Livingston St. E., Parcel Identification Number (PIN) 08-28-22-22-0015, legally described as WEST ST PAUL BLKS 1 THRU 99 ELY QUADRANGULAR PART OF LOTS 2 AND 3 MEASURING 98 80/100 FT ON N L OF LOT 2 AND 94 FT ON S L OF LOT 3 BLK 35; and WHEREAS, the Zoning Committee of the Planning Commission, on May 12, 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 §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 public hearing as substantially reflected in the minutes, made the following findings of fact: 1. The applicant wishes to expand the existing parking lot to the west, onto the adjacent residential lot. This expansion is consistent with surrounding uses, which include parking lots for the Torre de San Miguel housing complex, side yards of houses across Livingston, and the fire station to the south. 2. The property can be developed as parking in a way that will not have an adverse impact on the surrounding area. The site plan proposed by the applicant shows no access from Livingston, so all traffic will be directed to Cesar Chavez St. 3. The current RM1 zoning permits medium density multiple family residential uses. This lot size could accommodate four units under RM1 zoning. However, this block is comprised of institutionaf and commercial uses. Delos Street ends in a cul de sac and an alley, which are used for deliveries to Boca Chica. These factors make the site less attractive for residential use. 4. Comprehensive Plan policies state that the City should foster business growth and appropriate accommodation of businesses in neighborhoods and business districts (General Policy 28), The Area Plan Summary for the West Side Community Plan and fhe Riverview Commercial Corridor Revitalization Program (Adopted by the City Council on August 8, 2001), recommends a revitalized commercial corridor and assisting small and minority businesses. It also recommends increasing the amount of off-street parking that fits into the traditional neighborhood scale and context in the commercial area. 5. Section 66.703 lists the dimensional standards for parking lots in the VP district: (a) Lot size. The lot shall have a minimum area of four thousand (4, 000) square feet and a minimum width of forfy (40) feet .... This standard is met. The lot area is 9,800 sq. ft. moved by Morton seconded by in favor Unanimous against (�5=�0� Zoning File # 05-091-021 Planning Commission Resolution page 2 (b) Heighf of structures. Strucfures shall have a maximum height of one (1) story and fifteen (15) feet No structures are proposed for these lots, so this standard does not apply. (c) Yard setbacks. The minimum fiont yard sefback shall be four (4) feet. If the districts adjoining the VP District require a greater front yard setback, fhe minimum fronf yard setback shall be the minimum required front yard setback set forth in the dimensional standards for the adjoining districts. A visual screen shall be located on the minimum setback line. Minimum side and rear yard setbacks shall be four (4) feet. This standard is partly met. The site plan submitted by the applicant shows 4 ft. setbacks around the entire parking lot. The setback line established by the fire station on Livingston for this block appears to be 9 ft. The parking lot setback along Livingston shouid be increased to meet this setback Iine as part of site plan approval. 6. Section 66.704 lists required conditions for rezoning properly to VP: (a) The parking facility shall be accessory fo and for use in connection wifh one or more businesses, industries, institufions, or mulfifamily residences. This standard is met. The parking facilities are accessory to the existing restaurant. (b) The parking faciliiy shall be used solely for parking of private passenger vehiGes and shall not be used as an off-street loading area. This standard is met. Only private passenger vehicles will be stored on the lot. No off-street loading will occur on the lots. (c) No commercia! repair work or service of any kind, or sale or display thereof, shall be conducted in such parking facility. This standard is met. No repair, service, or sale activities will occur on the lot. (d) No signs of any kind, other than signs designating entrances, exits and conditions of use, shall be maintained on such parking facility. This standard is met. No signs are shown on the site plan. (eJ No building other than fhat for the shelter of atfendanis sl�a// be erecfed upon the premises unless specifrcally approved by the planning administrator during site plan review. No buildings are proposed for the lot, so this standard does not apply. (fl Applications for VP District rezoning sha/l include a site plan which conforms to al1 standards set forth in section 63.300. The planning commission may grant modifications of section 63.300 based on findings that such modificafion is consistent wifh the infent of the code and with the reasonable enjoyment of adjacent property. This standard is met. A meeting with site plan review staff raised no major concerns regarding development of the parking lot. However, staff at the meeting did suggest that the applicant revise the layout of spaces on the plan submitted. The landscaping ptan and visual screening requirements atso need to be shown in greater detaii. The applicant has agreed to submit a revised site plan. No modifications of requirements have been requested by the applicant, so all requirements will be met when the final site pian is approved. (g) VP Vehicular Parking Districts shall be developed and maintained in accordance with the requirements of section 63.300. The applicant agrees to this condition. 7. The consent petition was determined to be sufficient on April 20, 2005: 10 parcels eligible; 7 parcels required; 7 parcels signed. NOW, THEREFORE, BE IT RESOLVED, that the Saint Paul Planning Commission, recommends to City Council, that the application of Frias Family Partnership for a rezoning from RM1 Low Density Multiple Family Residential to VP Vehicular Parking for property at 407 Livingston St. E. be approved with a revised site pian providing a 9 ft. setback along Livingston, visuai screening as required by § 63.313, and Iandscaping as required by § 63.314. DEPARTMENT OF PLANNING & ECONOMIC DEVELOPMENT Susan Kimberly, Director Q� CITY OF SAINT PALTL Randy G Kelly, Mayor May 23, 2005 Ms. Mary Erickson City Council Research Office Room 310 City Hali Saint Paul, Minnesota 55102 Re: Zoning File #: Applicant: Address: Purpose: City Council Hearing: Staff Recommendation: � District Council: Zoning Committee Recommendation: Support: Opposition: Pianning Commission Recommendation: Staff Assigned: ZS Wut Fourth St�eet Telephone � 657-266-6700 SaintPaul,MN5.i102 FacsimiZe=651-218-3220 05-091-021 Boca Chica Parking Lot (Frias Family Partnership) 407 Livingston St. E., NW corner at isabei Rezoning from RM1 Low Density Muitipie Family Residential to VP Vehicular Parking June 15, 2�05, 5:30 p.m., City Councit Chambers approval with site plan revisons District 3 did not comment approval with site plan revisions, vote: 5- 0 0 people spoke, 0 letters received 0 people spoke, 1 letter received approval with site plan revisions vote: unanimous Patricia James, 266-6639 Attachments: Planning Commission resolution, Planning Commission minutes, May 20, 2005 Zoning Committee minutes, May 12, 2005 Correspondence received Staff Report packet cc: Zoning File #: 05-091-021 Applicant: Boca Chica Parking Lot (Frias Family Partnership) City Council Members District Council: 3 Wendy Lane Larry Soderholm Allan Torstenson Peter Warner � AA-ADA-EEO Employer • .� , city of saint paul �planning commission resolution file number a5-6a date May 20 ZooS WHEREAS, Frias Family Partnership, File # OS-091-021, has applied for a rezoning from RM1 Low Density Multipie Family Residential to VP Vehicular Parking under the provisions of §66.700 of the Saint Paul Legislative Code, on property located at 407 Livingston St. E., Parcel Identification Number (PIN) 08-28-22-22-0015, legally described as WEST ST PAUL BLKS 1 THRU 99 ELY QUADRANGULAR PART OF LOTS 2 AND 3 MEASURfiVG 98 801100 Ff ON Pl L OF L�T 2 AND 94 FT ON S L OF L07 3 BLK 35; and WHEREAS, the Zoning Committee of the Planning Commission, on May 12, 2005, held a public hearing at which ali 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 Pla�ning Commission, based on the evidence presented to its Zoning Committee at the public hearing as substantially reflected in the minutes, made the foilowing findings of fact: 1. The app{icant wishes to expand the existing parking fot to the west, onto the adjacent residential {ot. This expansion is consistent with surrounding uses, which inciude parking lots for the Torre de San Miguel housing complex, side yards of houses across Livingston, and the fire station to the south. � 2. The property can be developed as parking in a way that will not have an adverse impact on the surrounding area. The site p�an proposed by the applicant shows no access from Livingston, so a!I traffic will be directed to Cesar Chavez St. 3. The current RM1 zoning permits medium density multiple family residential uses. This lot size could accommodate four units under RM1 zoning. However, this block is comprised of institutionai and commercial uses. Delos Street ends in a cul de sac and an alley, which are used for deliveries to Boca Chica. These factors make the site less attractive for residential use. 4. Comprehensive Plan policies state that the City shouid foster business growth and appropriate accommodation of businesses in neighborhoods and business districts (General Policy 28). The Area Plan Summary for fhe West Side Community Plan and fhe Riverview Commercia! Corrido� Revifalization Program (Adopted by the City Council on August 8, 2001), recommends a revitalized commercial corridor and assisting smali and minority businesses. It also recommends increasing the amount of off-street parking that fits into the traditional neighborhood scale and context in the commercial area. 5. Section 66.703 lists the dimensional standards for parking tots in the VP district: (a) Lot size. The lot shalt have a minimum area of four thousand (4,000) §quare feet and a minimum width offorfy (40) feet.... This standard is met. The lot area is 9,800 sq. ft. moved by Morton seconded by in favor Unanimous • against i ,. Zoning File # 05-091-021 Planning Commissio� Resolution page 2 (bJ Height of structures. Structures sha11 have a maximum height of one (9) story and 6fteen (15) feet. No structures are proposed for these lots, so this standard does not apply. (c) Yard setbacks. The minimum front yard setback sf�all be four (4) feet. If fhe disfricts adjoining fhe VP District require a greater front yard setback, the minimum front yard setback shall 6e fhe minimum required front yard setback set forth in fhe dimensional standards for fhe adjoining districts. A visual screen shall be located on the minimum sefback line. Minimum side and rear yard set6acks shall be four (4J feet. This standard is partiy met. The site plan submitted by the applicant shows 4 ft. setbacks around fhe entire parking lot. The setback line established by the fire station on Livingston for this block appears to be 9 ft. The parking lot setback along Livingston should be increased to meet this setback tine as part of site plan approval. 6. Section 66.704 lists required conditions for rezoning property to VP: (a) The parking facilify shail be accessory to and for use in connection with one or more businesses, industries, insfitutions, or multifamily residences. This standard is met. The parking facilities are accessory to the existing restaurant. (b) The parking facility shall be used solely for parking of privafe passenger vehicles and shalf not be used as an off-street loading area. This standard is met. Only private passenger vehicles will be stored on the lot. No off-street loading will occur on the lots. (c) No commercial repair work or service of any kind, or sale or display thereof, shall be conducted in such parking facility. This standard is met. No repair, service, or sale activities will occur on the lot. � (d) No signs of arty kind, other than signs designating entrances, exifs and conditions of use, shall � be maintained on such parking facility. This standard is met. No signs are shown on the site plan. (eJ No building other than thaf for fhe shelter of aitendants shall be erected upon the premises un/ess specifically approved by the planning adminisfrator during sife plan review. No buildings are proposed for the lot, so this standard does not apply. (� Applica6ons for VP Disfrict rezoning shal/ include a sife plan which conforms to alf standards set forfh in section 63.300. The pfanning commission may grant mod�cations of section 63.300 based on findings that such mod�cation is consistent wfth the intent of fhe code and wifh the reasonable enjoyment of adjacertt property. This standard is met. A meeting with site plan review staff raised no major concems regarding development of the parking lot. However, s#aff at the meefing did suggest ffiat the applicanf revise the layouf of spaces on the pfan submitted. The landscaping plan and visual screening requirements also need to be shown in greater detail. The applicant has agreed to submit a revised site plan. No modifications of requirements have been requested by the applicant, so all requirements wiil be met when the final site plan is approved. (g) VP Vehicular Parking Disfricts shall be developed and maintained in accordance with the requirements of section 63.300. The applicant agrees to this condition. 7. The consent petifion was determined to be sufficient on Aprii 20, 2005: 10 parcels eligible; 7 parcels required; 7 parcels signed. NOW, THEREFORE, BE IT RESOLVED, that the Saint Paul Planning Commission, recommends to City Councii, that the application of Frias Family Partnership for a rezoning from RM1 Low Density Muitiple Family Residentiai to VP Vehicular Parking for property at.407 Livingston St. E. be approved with a revised site pian providing a 9 ft. setback along Livingston, visuai screening as required by § 63.313, and landscaping as required by § 63.314. • G1S -fo0'p � Saint Paul PIanning Commission City Hall Conference Center 15 KeIlogg Bouievard W'est Minutes of May 20, 2005 � A meeting of the Planning Commission of the City of Saint Paul was held Friday, May 20 , 2005, at 830 a.m, in the Conference Center of City Aall. Commissioners Mmes. Donnelly-Cohen, Faricy, Lu, McCall, Morton, Porter, Present: and Trevino; and Messrs. Aligada, Alton, Anfang, Bellus, Dandrea, Goodlow, Johnson, Kramer, Mejia, and Scott. Commissioners Mmes. * Zimmer Lonerii; and Messrs. *Coletta,*Gordon, and Kong, Absent: *Excused Also Present: Lany Soderholm, Planning Administrator; Patricia James, Lucy Thompson, Donna Drummond, Allan Torstenson, Yang Zhang, Casey MacCallum (PED intern), Cazol Peshman, and Mary Bruton, Department of Planning and Economic Development staff: I. Approval of minutes of May 6, 2005 � I1� Ii MOTION: Commissioner Sramer moved approval of the minutes of May 6, 2005. Commzssioner ponnelly-Cohen seconded the motion. The motion camied unanimously on a voice vote. Chair's Announcements MOTION: Commissioner Trevino moved approval of the resolufion honoring M¢ry Bruton, who is retiring at the end of May. Mary Bruton e�ressed appreciaflon for the oppornmiry to serve as Pianning Commission Secretary for the last five yeazs. The motion carried unanimously on a voice vote. Chair Johnson asked Commissioner ponnelly-Cohen to hold a special meeting this Tuesday of rhe Comprehensive Planning Committee to discuss the CIB process. Chair Johnson announced the creation of a new Long Range Policy Committee and that Commissioner Bellus will serve as the committee chair. Planning Administrator's Announcements Larry Soderholm welcomed the new Planning Commission Secretary, Kate Fleming. ,// � Nir.Soderholm regorted on City Council business for May 18`", and announced the Council agenda for the Wednesday, May 25`�. Mr. Soderholm reported on the Adult Enteitainment Zoning Study at the City Council, saying the Council made minor amendments extending the spacing between adutt businesses from 1,000 to 1,500 feet and reducing the thieshold for adult businesses from 300 square feet of aduh materials to 225 squaze feet. IV. Zoaing Commiltee Commissioner Morton gave the Zoning Committee report. OLD BUSINESS #OS-088-870 Ken Johnson - Nonconforming Use Permit Yo estabtish legat nonconforming use as a duplex. 29 Douglas St, NW comer at Forbes. (Patricia .lames, 651/266-6639) Commissioner Morton stated that District 9 made no recommendation. No one spoke in support. One Ietter received in opposition. The public hearing was closed. The Zoning Committee recommends denial on a vote of 5-0. MOTION: Commissioner MoKon moved the Zoning Committee's recommendalion to deny the � nonconforming nse, The rnotion carried unanimously on a voice vote. NEW BUSINESS #OS-093-694 Victoria Pazk (HRAI - Rezoning from B3 (General Business) and I3 (Restricted Industrial) to TN3(1� (Traditional Neighborhood with Master plan), SE comer ofW T" & Otto. (Lucy Thompson, 651/266-6578) Commissioner Morton stated District 9 recomuiends approval. One person spoke in support; and oae letter cvas received in supporf. One letter was received in opposirion. The public hearing was closed. The Zoning Committee recommends approval on a vote of 5-0. MOTION: Commissioner Mortnn moved tke Zoning Camminee's recommendation to approve the rezoning. The motiox carried unanimous[y on a voice vote. � #OS-091-021 Boca Chica Pazkine Lot fFrias Famiiy paztnerslup� _ Rezoning from RMl (Low Densrty Mulhple Family Res.idential) to VP (vehiculaz pazldng). 407 Livingston St. E., NW comer at Isabel. (Patricia .7ames, 651/266-6639) Cominzssioner Morton stated I}ishict 3 did not comment. No one spoke in support, pne letter was received in opposition. The Public hearing was ciosed. The Zoning Committee recommends approval with revised site plan on a vote of 5-0. � /' • MOTION: Commissioner Morton moved the Znnixg Comraittee's recnmmexdation to approve the rezaning. The motion carried unarzimousZy on a voice vote. �=05-092-406 Joshua Onch�vari - Conditional tise Permit for outdoor sales of vehicles. 1117 & 1125 Rice St., between Geranium & Jessamine. (Parricia James, 651/26(r6639) Com•nission Morton stated Dishict 6 recommends denial. Three people spoke in support. One person spoke in opposirion; and two letters were received in opposition. The public hearing is closed. The Zoning Committee laid ovez the application to 1�Iay 26, 2005, on a vote of 4-1 (Kramer). Commissioner Morton announced the agenda for the Zoning Committee meeting for May 26`�. OLD BUSINESS #OS-092-406 Joshua Onchwari -Cor.ditional Use Per.mi: for ou:dao: sales of vehiales. 1117-1125 Rice Street, between Geranium & Jessamine. (PatriciaTames, 651/2b�r6639) NEW BUSTVi ESS #OS-097-113 Lvnda Mohs-Nonconfomung Use Permit to establish legal nonconforming use status for an jncome tax/accounting business. 1771-1775 Ford Parkway, between Fairview and Davem. (Patricia.7ames, 651/266-6639) � #OS-098-650 McDonald's USA. LLGConditional Use Permit for a fast food restaurant (reconstruct existing business). 1165 Prosperity Ave., SW corner at Maryland. (Patricia James, 651/266-6639) V. Neighborhood and Current P►anning Committee Commissioner McCall gave the Neighborhood & Current Planning Committee report. Rice Street Small Area Plan and Fortv-Acre Studv - Release for public review and set public hearing date on June 17, 2005. (Yang Zhang, 651/266-6659) Chair Johnson acimowledged Commissioner Alton for the work he has done in co-chairing and leading the Rice Street Task Force. Yang Zhang gave a brief staff report. 1VIOTTON: Commissionev McCal1 moved the Neighborhood & Current PZanning CommiKee's recommendation to set a public hearing date for the Rice Street PZan and rezonings on June 19, 2005. The mo[ion carried unanimously on a voice vote. Commissioner YfcCall staeed the next meeting is Wednesday, May 25`�, Neighbothood Plan The agenda includes decertification of old neighborhood plans and an amendment to the West • OS�� XI. Adjournment Meeting adjourned at 9:50 a.m. Rzcorded and prepazed by Kate Fleming, Planning Commission Secretary Planning and Economic Development Department, City of Saint PauI Respectfully submitted, / I .l�V Il�/�v . ' ..... , . � _ ,.. PED�Bmton\Minutes�may 20, 2005 Approved .�1� �2?J�_ (Date) e Sue McCall Secretary of the Planning Coam�ission � � C� 05 -1,0� MINUTES OF THE ZONING COMMI7TEE Thursday, May 12, 2005 - 3:30 p.m. City Council Chambers, 3rd Floor � City Hall and Court House 15 West Keitogg Boulevard PRESENT: STAFF: EXCUSED: Alfon, Anfang, Johnson, Kramer, Mejia and Morton Patricia James, Carol Martineau, Allen Torstenson and Peter Wamer Donnefly-Cohen, Faricy, Gordon, The meeting was chaired by Commissioner Morton. Boca Chica Parking Lot (Frias Family Partnership)- 05-091-021 - Rezoning from RM1 Low Density Muitiple Family Residential to VP Vehicular Parking. 407 Livingston Ave, NW corner at Isabel. Patricia James presented the staff report with a recommendation of approvai with revisions to the site plan for the rezoning. She also stated District 3 did not comment, and there were no letters in support, and 1 letter in opposition. Charles E. Kopp, Jr., representative of the applicant, stated they had revised the landscaping plan and were planiing 170 Alpine Current and 11 2-1/2 inch Summit Ash trees. No one spoke in support or opposition. �a pubtic hearing was closed. Commissioner Matthew J. Mejia moved approval of the rezoning with revisions to the site plan. Commissioner Brian Alton seconded the motion. The motion passed by a vote of 5-0 Adopted Yeas - 5 Nays - 0 Abstained - 0 Drafted by: i�tQ�(� Carol Martineau Recording Secretary Submitted by: � Patricia James Zoning Section Approved by: �G��� Gladys Morton Chair � ! Patricia James - 407 Livingaton Ave. N W corner of Isabel � � � ' � � �� � � � ���j� � ��� Page 1 � c�� -� c� 1—c�� � � From: To: Date: Subject: .� 'Trisha Winter" <fjsifation@hotmail.com> <patricia.j am es@ci.stpaul. m n. us> 5/12/05 928:45 AM 407 Livingston Ave. N. W corner of Isabel My name is Patricia Wenger at 410 Livingston Ave. St. Paul, Mn 55107 I talked to Joe Spencer the other day and he told me to also send e mail. Subject rezoning from RMI low density Multiple family Residential to VP Vehicular Parking Property Address: 407 Livingston Ave. NW corner at Isabel. plans for Boca Chica Parking lot Frias Family Partnership, LLC Subject rezoning from RMi Low Density Multiple Family Residential to VP Vehicular parking at 407 �ivingstone Ave N. W corner of lsabel across from MY home at 410 Livingston part of Westbridge townhomes that total 19 other owner only townhomes. I am not for a commercial parking lot there because of night noise and another reason concern of escalate, that is bottom line increase in intensity of more commercial in our area near Westbridge homes and also concern of Delos family rental homes of Torre De San Migual. Thank you for allowing my home owner concern in my area. Shows every one in our good country has a right to speak up as American citizens in our good country. Thank You again Patricia We�ger i o s �06 MSN Hotmail - �� � ����� tjsitation@holmaiLmm .. .- - PriMed: Thursday, May 12. 2005 9:3Q AM From �..,.......,.... <Po�naster@mai l. hotrnail. mm> ...... ,...,�v...... Sent : Thursday, May 12, 2005 9:05 AM To: tjs�don@hotrnail.cwn Subject : Delivery Sptts Notlfication (Failu2) � �.�.m�.a.....,��.�....� ��.e�.e_���«, This is an automatically generated Delivery Status Notification. Delivery to the fo,Zlowiag recipients failed. ifl(p{u1W5CO.Of(J From: Trisha wnter <tjsitalion@hotrnail.com> To: info-@wsco.arg Subject: 467 Liviru�gton Ave. N.W CORNER of Lsabei SenC Thursday, May 12, Z005 9:05 AM File # OS-091-021 Attn: Joe Spencer: As of our pixoae conversation I am sending my viewpoint aZso by e mail. I won't be able to attend the meeting May 12, 2005. • Subject Rezoning From RMI - Low density Multiple Family Residential to VP Vehicular parking at � 407 Livingston ave N.W. corner at Isaabel, across from my home 410 Livingston AVe. part of Westbridge Townhomes owner only total of 20 tovm home ownets. O¢ Delos area Totre IIe San Migual rental apartments mostly faIDily people there and heard they enjoy the area for their children. Now Subject of Property of 407 iin which the house there is already down for the purpose of Vehicular parking for Boca Chica Parking 1ot ( Frias Family Partnership,LLc My Name is Patricia Wenger of 410 Livingston Ave. St. Pau1, Mtf/55107 I am not for a commercial parking lot there because of noise at night and another reason concern of escalate, that is increase in intensity of more co�ercial in our Area near Westbridqe Town homes and also concer,dof De1os atea Torre De San Miquel Thank you £or allowing my home owner input in my area. Shows every one has a riqht in our qood country to speak up_ Thank you again, Patricia Wenger Phone 651 227 25 66 Page i of 1 � � .../getmsg?curmbozc=F000000001&a=9ac5514e4d17�a31 de28f44730e924a&ms�MSG1 1 1 595/12/2005 OS-�o� ZONING COMMITTEE STAFF REPORT FILE # 05-091-021 • 1. APPLICANT: Boca Chica Parking Lot (Frias Family Partnership) HEARING DATE: May 12, 2005 2. TYPE OF APPLICATION: Rezoning 3. LOCATION: 407 Livingston St. E., NW corner ai isabet 4. PIN 8� LEGAL DESCRIPTION: 08-28-22-22-0015; WEST ST PAUL BLKS 1 THRU 99 ELY QUADRANGULAR PART OF LOTS 2 AND 3 MEASURING 98 80/100 FT ON N L OF LOT 2 AND 94 FT ON S L OF LOT 3 BLK 35 5. PLANNING DISTRICT: 3 6. ZONING CODE REFERENCE: §66.700; §61.801(b) 7. STAFF REPORT DATE: May 12, 2005 EXlSTING ZONING: RM1 BY: Patricia James 8. DATE RECEIVED: Aprii 11, 2005 DEADLINE FOR COMMISSION ACTION: June 10, 2005 A. PURPOSE: Rezoning from RM1 Low Density Multiple Family Residential to VP Vehicular Parking. B. PARCEI SIZE: 9,800 sq. ft. C. EXISTING LAND USE: vacant D. SURROUNDING LAND USE: North: multiple family residential uses (RM1) East: mixed density residential (RM1) South: Fire station (RM1) West: Parking lot for Boca Chica Restaurant (VP) � E. ZONING CODE CITATION: §66.700; §61.801(b) provides for changes to the zoning of property initiated by the property owner. � F. NfSTORYIDISCUSSfON: The site ptan fos the existing parking lot was approved in 1979 (File # 289) G. DISTRICT COUNCIL RECOMMENDATION: District 3 had not commented at the time this staff report was written. H. FINDINGS: 1. The appiicant wishes to expand the existing parking tot to the west, onto the adjacent residentiai lot. This expansion is consistent with surrounding uses, which include parking lots for the Torre de San Miguel housing complex, side yards of houses across Livingston, and the fire station to the south. 2. The property can be developed as parking in a way that wiil not have an adverse impact on the surrounding area. The site pian proposed by the appiicant shows no access from Livingston, so all tra�c wiii be directed to Cesar Chavez St. 4. The current RM1 zoning permits medium density multiple family residential uses. This lot size could accommodate four units under RM1 zoning. However, this block is comprised of institutionat and commercial uses. Delos Street ends in a cul de sac and an aNey, which are used for deliveries to Boca Chica. These factors make the site less attractive for residential use. 5. Comprehensive Plan policies state that the City should foster business growth and appropriate accommodation of businesses in neighborhoods and business districts (General Policy 28). The Area Plan Summary for the Wesf Side Community Plan and fhe Riverview Commercial Corrid�r Revitalization Program (Adopted by the City Council on August 8, 2001), recommends a revitalized commercial corridor and assisting smail and minority businesses. It aiso recommends increasing the amount of off-street parking that fits into the traditional neighborhood scale and context in the commercial area. 6. Section 66.703 tists the dimensionai standards for pasking {ots in the VF district: Zoning File # OS-091-021 May 4, 2005 page 2 (aJ Lof size. The lot shall have a minimum area of four fhousand (4, 000) square feet and a minimum width o{forty (40) feef ..,. This standard is met. The lot area is 9,800 sq. ft. (b) Height of structures. Structures shat! have a maximum height of one (1) story and fifteen (f5) feef. No structures are proposed for these lots, so this standard does noY apply. (c) Yard setbacks. The minimum fronf yard setback shall be four (4) feet If the districts adjoining the VP District require a greater front yard setback, the minimum front yard setback shall be the minimum required fronf yard setback set forth in the dimensional standards for the adjoining districts. A visual screen shal! be located on the minimum setback line. Minimum side and rear yard setbacks shall be four (4) feet. This standard is partly met. The site plan submitted by the applicant shows 4 ft. setbacks around the entire parking lot. The setback line established by the fire station on Livingston for this block appears to be 9 ft. The parking lot setback along Livingston should be increased to meet this setback line as part of site plan approval. Section 66.704 lists required conditions for rezoning property to VP: (a) The parking facilify shall be accessory fo and for use in connection with one or more businesses, industries, institutions, ormultifamilyresidences. This sfandard is met. The parking facilities are accessory to the existing restaurant. i (b) The parking faciliiy shal! be used solely for parking of private passenger vehicles and shall nof be used as an off-street loading area. This standard is met. Only private passenger vehicles will be stored on the tot. tVo off-street loading wifl occur on the lots. (c) No commercial repair work or service of any kind, or sale or display fhereof, shall be � conducted in such parking facilify. This standard is met. No repair, service, or sale activities ' will occur on the lot. (d) No signs of any kind, ofher than signs designating enfrances, exits and conditions of use, shall be maintained on such parking facility. This standard is met. No signs are shown on the site plan. (e) No building other than that for the shelter of attendants shal! be erected upon the premises unless specifically approved by the planning administrator during site plan review. No buildings are proposed for the lot, so this standard does not appiy. (� Applications for VP District rezoning sha!! include a sife plan which conforms fo al7 standards set forth in section 63.300. The plannrng commission may granf modifications of secfion 63.300 based on findings that such modification is consistent with the intent of the code and with the reasonable enjoyment of adjacent property. This standard is met. A meeting with site plan review staff raised no major concems regarding development of the parking lot. However, staff at the meeting did suggest that the applicant revise the layoui of spaces on the plan submitted. The landscaping plan and visual screening requirements also need to be shown in greater detail. The applicant has agreed to submit a revised site plan. No modifications of requirements have been requested by the applicant, so all requirements will be met when the final site plan is approved. (g) VP Veliicular Parking Districts shall be developed and maintained in accordance with the requirements of section 63.300. The applicant agrees to this condition. 8. The consent petition was determined to be sufficient on April 20, 2005: 10 parcels eligible; 7 parcels required; 7 parcels signed. I. STAFF RECOMMENDATION: Based on the above findings, staff recommends approval of the � rezoning from RM1 Low Density Multiple Family Residential to VP Vehicular Parking with a revised site plan providing a 9 ft. setback along Livingston, visuai screening as required by § 63.313, and tandscaping as required by § 63.314. PETITION TO AMEND THE ZONING CODE Department ofPlannzng and Economic Developmeru Zoning Seclion I400 Cily HaQAnnex 25 WestFourth Street SaintPau� MN55102-I634 (651) 266-6589 APPLICANT PROPERTY LOCAT90N Property Owner� � " Cityr S 1 �ig Lr� St �_Zp _�/�Z_Daytime Phone �o�. `� y/ 1 Contact Person (if different) Phone yJ `/� �l0 Address / Location Legal Current Zoning (attach additional sheet lf necessary) TO THE HONORABLE MAYOR AND CITY COUNCIL: �to Section 64.400 of the Saint Paul Zoning Ordinance and to Sectio� 462.357(S) of Minnesota Statues, � j owner of land proposed for rezoning, hereb pptitions you to the above described properly irom a zoning district to a zoning district, for the purpose of: GI � + ���� (attach additional sheets if necessary) Attachments as required: �Site Plan Subscribed and swom to before me this of � � � � Consent Petftion JANICE R. SiEH'� ���» � ����'t� �c�� Notary Public n0� •�� � y�..(�-O'� � Affidavit � . . Title: � � Page 1 of _ ST � ST � ST �'--- ST ST a5 -� ob nK I11�7 � � C �.•• � ^ � � ' . � 3 .00.OR60 S — — � - -6Z' �! a b � X` � t 1 i , -- �� �� � g r �- B m � �� °-� m p � � a � � 0 1 � � � ��� • Z � _�� � J� � � d � a a; �, "'_"'___'__"" � !� � . N =�------- � � ' mm- f � � � o � o �� � � � e �r � 4 � . � X � _ � ,v "' -;._..... . .. �"�,d , ni i ^� FI'JMOd ' n � � ' �l � � ., . (��- . 'r\ ' 3 \�� io m C Fy � n c` � a i �"v T V ` CV T � � � N c�- ` o- 1- c' __4aaseQ-- ' _ � � � � z —.. �- r- — e — — "" � � z � v • n . �`� r . a , , . � � ^ ^ $ d � Y � f �� . o ' C " � '� t� � C� F � ' Cj � n `� � . : ; � v �� � X p • � c� JC ' � "� (. = C . -. �` ' _ � � �. . °�� � � � � � � � m , d : � N � �� � •� L I � � � � 3 n $ � � < , � X m � :'- / T , i � .� . �.,�R // � .j � St / � � �' � � '� _ � : `�+ t / + �c�.� � x ��_ � / / - � ,--�Y. �' s / ,, � � (� � �` 5 i / � j � s���� , � ,� IT / / s a°' / " - ��, j �� p S / °� P � . / � 5 �r�� � / � % -c ^ �^. � ^ � . .> -F 5 , i ��s ��st j�i,. p . / ^ .. � ' � 5 �' X � 05-�0� CITY OF SAINT FAUL A.FFIDAVIT OF PERSON CIRCUL�TING CONSEN'T PETITTON FOR A • REZONING STATE OF MINNESOTA) COUNTY OF RAiAiVISEY ) :SS f'� R tA �R ►�} S , being first duly sworn, deposes and states that he/she is the person who circulated the consent petition consis±ing of _Z pages; that affiant is informed and believes that Ehe parties described on the consent petition aze the owners of the pazceis of real estate 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 the subject property described in the petition and all property coutiguous to the subject 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 signa[ures of each and all of the parties so described. � .Eo�i� s y�� ~ � a ' f r � NAME �/-C�-�-� � _ ADDRESS � �S/ - aa� �F��r'� TELEPHONE NU;�ER Subscribed and sworn to before me this �, day of ��� 20 66 �n.� ,����.� . .� � OTARY PUBLIC to-0t ,uunt�RSrE� raa�+,r ws�e-w�ow urcar�ona�raisaoa , �� J CITY OF SAINT PAUL • AFFIDAVIT OF' PETITIONER FOR A REZOIv'I�G STATEOFM iNNESOTA) COTJNTY OF RAiVISEY ) :SS The pe[itioner, / d// �� �Q � �.S being first duly sworn, deposes and states that the consent petition contains signatures of the owners of at least two-thirds (2/3) of all eligible properties within 100 feet of the subject property described in the petition and ail property contiguous to the subject property that was owned, purchased, or sold by the petitioner within one (1) yeaz preceding the date of the petition; petitioner is informed that the consent petition must contain signatures from each and all owners of jointly-owned property in order to constitute consent from that property and that failure to obtain consent from each and all owners could invalidate the consent petition; petitioner believes that the consent petition was signed by each of said owners and that the signature are the true and correct signatures of each and all of the parties so described. � �� � ��r�J� 4 �D ADDRESS 02��2 - ��I99 TELEPHONE NUMBER Subscribed and sworn to before me this �° day °�J���, 20 �� JANICE R. STEMBRENNFA rar���s ARY io-oi Dc/ ��G CITY O�' SAINT PAUL CONSENT OF ADJOIlVING PROPERTY OW�IERS FOR A • REZONING We, the undersigned, owners of property within 100 feet of the total contiguous description of real estate owned, purchased, or sold by TF� PETTI'IONER within one yeaz preceding the date of this petition aclmowledge that we have been presented with the following: „ _ 1. A copy of the petition of `C C.�l ��� � `� y�� � (name o,f,pe t�er) ' to rezone the property located at 'St � from a��_zoning district to a�ZOning district; and 2. A copy of sections �6•70 ( ��ough � inclusive of the Saint Paul Zoning Code. We aclmowledge that we are awaze of all of the uses permitted in a �L � zoning district, and we aze aware that any of these uses can be established upon City CounciI approval of the Rezoning. We hereby c n nt to the re on�ng of the property in the petition of A a ✓ � zoning district. (name of petidoner) We consent to the approval of this rezoning as it was explained to us by the applicant or his/her representative. a � This petition shall not be considered as officially filed until the lapse of seven (7) working days after it is received by the Planning Division. Any signator of this petition may withdraw his/her name therefrom by written request within that time. ei1llAIICC no nmr ocrr.n..........-.. 45-(n�� �J � site Zoning File # OS-091-021 � � � � i �� • Fire station to south Zaning Fiie # OS-091-021 � 05 �D� � � e� �;�. �� � � Across Livingston to south Zoning File # OS-091-021 � ♦ ,•, C� � Across Livingston Zoning File # OS-091-021 � U5-�o6 � � North of site Zoning File # OS-091-021 u I .• . � LJ Frontage on belos Zoning File # OS-091-021 � ' t'. '�y �, �,.x � . - ,� ^ _ . - � - � -�.� ' � � �� v��_ ,�-� - " x ���. � : r r s �_� ��� - - - �=�_. � :_ , . .. . .� i � U OSloGYo • CITIZ£N PARTICiPfiTi�J. 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( � j -- � i _ � (�--f--- �j �- ' ! f 1 i I t`: 6 s� �, � � "�} ,,�, � � � � � , � � C?� ��� p."�e",, � Y t...o �"" a�, ak s�aa ��, �� � ,� �� t� i-P'�,.y�--.,:Qe�,ar °-: a, , 4 ' .. _�_� na63t�) 3 f�4 e e n,^. i::.a . . . . � . . . ' . � -. . � �. ,�.. . _�T° • ..-' ' '--'_ ,P�uc�,rtr �� �' �� !�9 -�— - - - 1EG=ND �s 'JR°OSE — zoning dislric( �i��,�d?7 IlE t� _ DATE �* ° V ��lll1 suSj'�t prope, �y �-� o ; �t��-_. L�dG. DIST P.1AP � o on. tzmi4 . = � Y + ^ comm;•��z: ,,., �__ �°,j� ¢ C•�;o tami(Y 4 m.> induslrig! -- _=— � ��� �-?7 • ._•--- ' A¢Q muiti�la fam;ty L' vzcant \