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06-412Council Fite # a6-41z Green Sheet # 3030479 AUL, MINNESOTA Presented by 1 2 4 5 6 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 An otdinance amending Chapter 60 of the Saint Pauf Legisfative Code pertaining to zoning for the City of Saint Paul and the zoning maps thereof: � ��K � nA i, WHEREAS, Pursuant to Minnesota Statutes §462.357 and §64.400 of the Legislative Code, St Croix Partners LLC duly petitioned to rezone 2669 Territorial Road, being legally described as Eustis' Addition To St. Anthony Park, Ramsey Co, Minn. Vac Sis Accruing & B{k 3; Ex Part of Sd Blk 3 Desc As Beg On W L of & 2.02 Ft N of SW Cor Lot 12 Blk 3 Th Nly At Angle Of 8 Deg 30 Min To Right For 160.28 Ft Th Wly 23.98 Ft To Pt On Sd W L 162.06 Ft N; Eustis' Addition To St. Anthony Park, Ramsey Co, Minn.; and Beg On W L of and 2 02/100 Ft N of SW Cor of Lot 12 Th Nly at Angle of 8 Deg 30 Min To R of Sd L 160 28/100 Ft Th Wly 23 98/100 Ft To Pt On Sd W L 162 06/100 Ft N of Beg Th S To Beg Being Part of Lots 1 And Lot 12 Blk 3; PINs 292923230041 and 2929233230001, from 11 Light Industrial to TN3 Traditional Neighborhood ; and WHEREAS, the Zoning Committee of the Planning Commission held a public hearing on February 16, 2006, 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 24, 2�06, 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 April 6, 2006, 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 April 19, 2006, 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. That the zoning map of the City of Saint Paul, Sheet Number 9, as incorporated by reference in §60.301 of the Saint Paul Legisiative Code, as amended, is hereby further amended as fol{ows: 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 Ordinance # Zoning File # 06-006-090 Page 2 of 2 06-412 That the property at 2669 Territorial Road, being more particularly described as: Eustis' Addition To St. Anthony Park, Ramsey Co, Minn. Vac Sts Accruing & Blk 3; Ex Part of Sd Blk 3 Desc As Beg On W L of & 2.02 Ft N of SW Cor Lot 12 Blk 3 Th Nly At Angle Of 8 Deg 30 Min To Right For 160.28 Ft Th Wly 23.98 Ft To Pt On Sd W L 162.06 Ft N; Eustis' Addition To St. Anthony Park, Ramsey Co, Minn.; and Beg On W L of and 2 02/100 Ft N of SW Cor of Lot 12 Th Nly at Angle of 8 Deg 30 Min To R of Sd L 160 28/100 Ft Th Wly 23 98/100 Ft To Pt On Sd W L 162 06/100 Ft N of Beg Th S To Beg Being Part of Lots 1 And Lot 12 Bik 3 be and is hereby rezoned from 11 to TN3. Section 2. This ordinance shall take effect and be in force thirty (30) days from and after its passage, approval and publication. T� '� ! �� i. �;1� :; Reque ted b ep ment of: By: Form Approved by City Attorney g � �✓. [ � ^ L G-- o C Adopted by Date Gouncil: �� Form Approved by Mayor for Submission to Adoption Certified by Council Sec tary Council By: ,' g Approved � Date �/� � Mayor� `� � � 06-412 Green Sheet Green S.heet Green Sheet Green Sheet Green Sheet Green Sheet � PE -P��;�g&��m.�De�e,�m�t ; z,_�R-� I G reen Sheet NO: 3030479 ; � CoMact Person 8 Phone: � -' Patricia James � � 266-6639 I Assign � Must Be on Councif Agenda by (Date): I Number I For Routing I � Order Contract Type: OR-0RDINANCE Total # of Signature 0 lavoin¢ & E on mic Develon Paaici Ja es �j- Z/ - 06 � 1 i lanoin & Ecouomic De elo I D"recto /T Sch rtle I�_ 2 CitvAtt mev cNattoru � Y �-6" 3 �vI vor' Offi e I M or/Assuta t { 4 omcil ! Gl' Coa cfl 5 Ciri Clerk Cirv Clerk 6 lannin & E no 'c Develo atricia James (Clip All Locations forSignature) Adopt ordinance memorfalizing City Council action approving the Rezoning from Il Light Industrial to TN3 Traditional Neighborhood for property at 2664 Territorial Road, NW comer at Beny St. Public hearing held April 19, 2006. �S� o-t.—sa F— �� Recommendations: Planni� Gommission CIB Committee CiHI Sen.ice Commission 1. Has this person/firm e�er worked under a contrect for this departmeM? Yes No 2.� Has this persoNfirtn e�er been a city employee? Yes No 3. �oes this persoNfirtn possess a skip not nortnally possessed by any current city employee? Yes No Expiain all yes answers on separate sheetand attach to green sheet lnitiating Problem, lssues, Opportunity iNlho, What, When, Where, Why): St. Croix Partners LLC proposed rezoning their property to 1'N3 to permit development of the site for 150 units of housing. The City Council approved the rezoning on April 19, 2006, afrer apublic hearing. Ativanta9es IfApDroved: Rezoning ordinance wi11 be adopted per City Council iment. �� -� Disadvantages If Approved: None. �� Disadvantages If NotApproved: City Council action wil] not be completed. ioql Amount of Trensaction: Funding Source: Financial Information: (Explain) CosNRevenue Budgeted: Activiry Number: April 21, 2006 12:OS PM Page 1 D(� � ►�! � DEPARTMENT OF PLANNING & ECONOMIC DEVELOPMENT � Torry Schertter, Inierim Director CITY OF SATNT PAUL Christopher B. Coleman, Mayor March 31. 2006 Ms. Mary Erickson City Counci! Research O�ce Room 310 City Hall Sairtt Paul, Minnesota 55102 Dear Ms. Erickson: 25 W. FouRh Sbeet SaintPaul, MN55102 Telephone: 651-266-6700 Facsmilz� 657-2283220 I would like to confirm that a public hearing before the City Gouncil is scheduled for Wednesday, April 19, 2006, for the following zoning case. Zoning File Number: File Name: Address: Purpose: �. ��. 1•� St. Croix Partners LLC 2669 Territorial Road, NW corner at Berry St. Rezoning from 11 Light Industrial to TN3 Traditional Neighborhood Previous Action: Zoning Committee Recommendation: approval, 7- 0- 0, February 16, 2006 Planning Commission Recommendation: approval, unanimous, February 24, 2006 I have confirmed this day with Councilmember Benanav's office. My understanding is that this public hearing request will appear on the agenda for the April 12, 2006, City Council meeting and that you will publish notice of the hearing in the Saint Paul Legal Ledger. Please cali me at 651-266-6639 if you have any questions. �rs � . _ ,Ri-�- Patricia James City Planner CC: File #: 06-006-090 ApplicanbAppellant: St Croix Partners LLC Paul Dubruiel Wendy Lane Carol Martineau Allan Torstenson NOTiCE OF PUBLIC AEARII�iG - 'tl�e Saint Paul City Covndt wi71 conduct a public hearing on Wednesdyy, Aprll 19, 2W6 at 5:30 p.m. in.#he City Counci} Chambers, lhird Floor-City FIall, 15 West Kellogg Boulevazd, St. Paul, MN, to con- sidet the appllcation of St. Croix Par[ners, LLC to rezone pmperty at 2669 Territortal Road (northwest comer at Berry Street) from Ll (Light Industrial) to TN3 Ch'aditional Neighborhood). (Zoning Fite OB-006-090) Dated: Aprii 3, 2006 . MARY. ERICKSON , . _ _ Assistant City Councii SecreKary° °; s= U�Prll 6] ==�=c= SE PA1n. LEGAL IEDtiER 22113123 AA-ADA-EEO Employer � I�' �tl 2' DEPARTMfiNT OF PLANI�ING & fiCONOMTCDEVELOPMENT � Tony ScheRler, Inlenm D"uector CITY OF SE�tT' PAUL as cv Founn s�� TeZepFwne: 651-266-6700 Christopher B. Coleman, Mayor SaintPa¢I, MN55102 Facsimde� 651-228-3220 Wr April 5, 2006 Ms. Mary Erickson City Council Research Office Room 310 City Half Saint Pau4, Minnesota 55102 Re: Zoning File #: File Name: Address: Purpose: Citv Council HearinQ 06-006-090 St. Croix Partners LLC 2669 Temitorial Road, NW comer at Berry St. Rezoning from 11 Light Industrial to TN3 Traditional Neighborhood April 19, 2006, 530 p.m.. Citv Council Chambers Staff Recommendafion: � District Councii: Zoning Committee Recommendation: Support: Opposition: Planning Commission Recommendation: Deadline for Action Staff Assigned: C_ � Approval Disfrict 12 recommended denial Approval, vote: 7 - 0 2 persons spoke in support and 0 letters were received. 4 persons spoke in opposition and 1 letter was received. Approval recommended, vote: unanimous March 14, 2006, extended to May 20, 2006 Patricia James, 651-266-6639 Attachments: Planning Commission resolution: 06-15 Planning Commission minutes, February 24, 2006 Zoning Committee minutes, February 16, 2006 Corsespondence received Sfaff Report packet cc: Zoning File 06-006-090 Applicant: St Croix Partners LLC Cify Council Members District Council: 12 Wendy Lane Larry Soderholm Allan Torstenson Peter Warner AA-ADA-EEO Empioyer ��-�-i�- � � i city of saint paul planning commission resolution file number 06-15 date February 24, 2006 WHEREAS, St Croix Partners LLC, Fite # 06-006-090, fias appiied for a rezoning from 11 Light Industrial to TN3 Traditionai Neighborhood under the provisions of § 66.300 of fhe Saint Paul Legislative Code, on properly located at 2669 Territorial Road, Parcel identification Numbers (PIN) 292923230041, 2929233230001), legally described as Eustis' Addition To St. Anthony Park, Ramsey Co, Minn. Vac Sts Accruing & BIk 3; Ex Part Of Sd Blk 3 Desc As Beg On WI Of & 2.02 Ff N Of Sw Cor Lot 12 Blk 3 Th Nly At Angle Of 8 Deg 30 Min To Right For 160.28 Ft Th Wly 23.98 Ft To Pt On Sd W! 162.06 Ft N; Eustis' Addifion To St. Anthony Paric, Ramsey Co, Mi�n.; Beg On W L Of And 2 02/100 Ft N Of Sw Cor Of Lot 12 Th Nly At Angle Of 8 Deg 30 Min To R Of Sd L 160 28/100 Ft Th Wly 23 98/100 Ft To Pf On Sd W L 162 06/100 Ft N Of Beg Th 5 To Beg Being Part Of Lots 1 And Lot 12 Bik 3;; and WHEREAS, the Zoning Committee ofthe Pianning Commission, on February 16, 2006, held a public hearing at which all persons present were given an opportunity to be heard pursuant to said application in accordance with the requirements of §64.300 of the Saint Paul Legislative Code; and WHEREAS, the Saint Paul Planning Commission, based on the eudence presented to its Zoning Committee at the public hearing as subsfantially reflected in the minutes, made the �Ilowing findings of fact: 1. The deve4oper is proposing to construct a residential development oriented ta cotiege students. There wiil be a total of 150 unifs serving 552 residents. Each unit consists ofa common living area and two or four bedrooms, which are leased separately to one or two residents. An individual rents a bedroom and an undivided portion of the common living area. in addition, there are 176 surFace parking spaces and 49 garage parking spaces. Bicycle racks and enclosed bicycle storage are aiso avaiiable. 2. The proposed zoning is consistent and compatible with the broad mix of uses in the area. There is a rrew, office/warehouse light industrial park developed by the Port Authority immediately east and southeast of the site. There is an exisiing residential area to the west in Minneapolis. A TN3 higher densifij residential node is being developed on the south side of University Avenue. The intent of the TN3 district is to provide for higher-density pedestrian-orienfed and transit-oriented mixed use devefopment, for iarge sites orfor smatier sites in an e�osting mixed-use neighborhood, in proximity to major transit streets and corridors, and additionai choices in housing. The proposed development will improve pedesfrian access from the site to University Avenue by instailing a sidewalk along the west side of Berry Street. The devetopers expect that, based on their experience, a majority of the residents will take one of the buses that run on University Avenue, a transit street as defined in the zoning code (§60.221), to school. 3. The existing zoning does not allow for this use. The applicant has marketed the property to industrial developers since 1999 with no success. According to the application, the only interested purchasers willing to invest an amount consistent with the e�ectations of the state clean-up grant and the tax increment notes have been residential developers. moved by Morton seconded by ICl faVOC 18-with 1 abstention(Zimmer Lonetti� against Zoning File # 06-006-090 Planning Commission Resoiution Page 2 4. The proposed rezoning is consistent with the comprehensive plan. Land Use Plan Policy 5.4.4 offers guidelines for new housing, stating: '9-iousing sites along major transportation corridors and near commercial centers should meet the market demand for townhouses, condomirtiums, and apartments." Policy 5.5.2 states: `The City witl encourage more housing and jobs to focate along high-service bus routes. ..." This site is neartwo transportation corridors: University Avenue and the University of Minnesota transifway. This site is wifhin fhe University Avenue Corridor. Policy 6.32 states: "New urban housing, offices, retail, and industrial development should all contribute through density and site design to the ridersfiip base for pubtic transportafion on the University Avenue and 1-94 bus routes ._.." Rezoning this property to TN3 is consistent with this policy. Housing Plan Policy 5.1 encourages "the production of 300-400 housing units a year than can be sold or rented to smaller households...on sites throughout the city." Policy 5.4 encourages "a diversity of building and unit types to meet the diversity of the maricet " 5. The SEMI plan approved for the adjoining parcel in the City of Minneapolis, calis for commercial, office, limited retail/service, or industrial uses. These uses are also consistent with TN3 zoning_ NOW, THEREFORE, BE tT RESOLVED, ffiat the Saint Paul Ptanning Commission, �ecommends to City Council, that the application ofSt Croix Pariners LLC for a rezoning from 11 Light Industrial to TN3 Traditionai Neighborhood for property at 2669 Territorial Road be approved. � C� • J • l��' "I 1 �" � Saint Paul Planning Commission Cify HaIl Conference Cenfer IS Kellogg Boulevard West Minutes of February 24, 2006 A meeting of the Planning Commission of the City of Saint Paul was held Friday, February 24, 2006, at 830 a.m. in the Conference Center of City HalI. Commissioners Mses. Donneliy-Cohen, Zimmer Lonetti, Lu, McCall, Morton, Porter, Present: and Trevino; and Messrs. Aligada, A1ton, An£ang, Coletta, Dandrea, Goodlow, Gordon, Johnson, Kong, Kramer, Mejia and Scott. Commissianers Ms. *Faricy; and Mr. Bellus. Absent: *Excused � AIso Presenf:, Lany Soderholm, Planning Administrator; Peter Wamer, City Attomey, Allen Lovejoy, Allan Torstenson, Patricia 7ames, Shawntera Hardy, Christina Danico, Casey MacCallum {intem), Kate Fleming, Department of Planning and Economic Development staff; and Tom Beach, LIEP. sfaff. I. TI. III. Approval of minutes of February 10, 2006 MOTIOl�r: Commissioner Johnson moved approval of the rrcinutes of February I0, 2006. Commissioner ponnelly-Cohen secondedlhe motion. The motion carried unanimously on a voice vote. ` Chair's Announcements No announcements. Planning Administrator's Announcements Mr. Soderholm announced that a panel of demographers will speak at the Planning Coznmissiori meeting on March 24, 20Q6, so the meeting will start at 8:00 a.m. and Commission merrzbers should block out time for a three-hour meeting. Mr. Soderholm reported on City Council business for last week and announced their agenda for next week. C� • #06-OQ6-090 St. Croix Partners LLC - Rezoning form Il Light Tndustrial to 1'N3 Traditional Neighborhood. 2669 Tercitorial Road, at Berry Street. (Patricia James, 651/266-6639) MOTION: Commissioner Morton moved the Zoning Committee s recommendation to approve the rezoning. The motion carried on an IS-0 vote with Z abstention (Zimmer Lonetfi). #06-013-967 St. Croix Pariners LLC - Variances of TN3 standards for front yard setback, pazldng location and entrance design, and building height. 2669 Territorial Road, NW comer at Berry Street. (1'atriciaTames, 651/266-6639) MOTION: Commissioxer Morton moved the Zoning Commzttee's recommendation to approve the varia�cces. The motion carried on an I8-0 vote with I abstenfion (Zimmer Lonelfi). Commissioner Morton announced the Zoning Cozninittee Agenda for the March 2, 2006, meeting. V. Comprehensive Planning Committee • Commissioner ponnelly-Cohen gave a brief report. VII. Long-range CommitEee No report VIII. Neighborhood and Current Planning Committee Strvker Geor¢e Precinct Plan Sununarv - Discussion of the summary and recommend that the Planning Commission release it for publicreview and set a public hearing for March, 24, 2006. (Lucy Thompson, 65Z/266-6578J _ MOTION: Commissioner McCall moved the Neighborhood a�zd Current Planning Commi#ee's recommendation tkat the ,Stryker George Precinct PZan S'ummury be released for public review and that the Planning Commfssion set a public hearing for March 24, 2006. The motion carried unanimously on a vo.ice vote. • 0 � • �� ✓ �f� Recorded and prepared by Kate Fleming, Planning Commission Secretary Pianning and Economic Development Department, City of Saint Paul Respectfully submitted, ��----� Lazry o rholm Planni Administrator PED\Fleming�February 24, 2006 Minutes Approved � � � J�� / (Date) �, M 'lyn Porte � Secretary of the Plar�ry ng Commission � C � � �k / �1.� • MINUTES OF THE ZONING COMMlTTEE Thursday, February 'F6, 2006 - 3:30 p.m. City Councit Chambers, 3rd Floor City Hatl and CourE House 15 Wesf Kellogg Boulevard � � PRESENT: Alton, Anfang, Donnelly-Cohen, Faricy, Gordon, Johnson, Kramer, and Morton EXCUSED: Mejia STAFF: Patricia James, Carol Martineau, Ailen Torstenson and Peter Warner The meeting was chaired by Commissioner Morton. Sf. Croix ParEners LLC - 06-006-090 - Rezoning from 11 (Light Industriaf) to TN3 (Traditional Neighborhood), 2669 Territorial Road, NW corner at Berry St. Patricia James presented the staff report with a recommendation of approval for the rezoning. Ms. James also stated District 12 recommended denial, and there were no Ietters in support, and 1 fetter in opposition. At the question of Commissioner Anfang, Ms related matter that is before the City Councii. rooming house and apartment buiiding. James clarified the status of the appeal on a She also described the differences between a Lance Hanna, JPf Development, introduced other members of the team and gave a background of the project and submitted a visual of the property. He also touched on the need for housing and transportation fo fhe University of Minnesota by students. He also explained the clean up of the property and the benefits the taxes would bring to the City of St. Paui. David Jones, 3415 University Ave., represented Hubbard Broadcasting and sfated they are in support of the pro}ect. They believe this is a quatity pro}ect and woufd contribute to the neighborhood. He also gave a history of the property and the search for a developer. Nina Axelson, Sf. Anfhony Park Community Organizer, provided information on area plans for St. Anthony Park. 5he also explained fhaf they believe fhis is spot zoning and does not fit in with the master plans for the neighborhood. She stated there is no mixed use in this area and this project is not mixed use. Ms. �elson surrimarized three {etters submitfed in opposition, read the neighborhood's resolution, and stated the St. Anthony Park Community Council is againsf the rezoning and variances. Upon fhe quesfion of Commissioner Alton, Ms. Axelson stated they were not trying to move students out.of the neighborhood. At the question of Commissioner Kramer, Ms. Axeison stated the District 12 plan has not been adopted by the City. Rich Macpherson, 937 Cromweli Ave., stated that he is on the District 12 Land Use Committee. Fie stated there have been several meetings with JPI. The property has been designated for industrial use in the land use pfan. He stated fhis tand shoufd be part of the biotech corridor being proposed for Minneapolis and St. Paul. F!e went on to say this Iocation was not a good • spot for student housing and gave several reasons why this would be inconsistent wifh the fufure development of the area. He requested denial of the rezoning. Florence Whitman, 76 Clarence Ave. SE, Minneapolis, stated she is Co-chair of the Zoning Commiffee of fhe Prospecf Park and Easf River Road improvemenf Association. She sfafed fhey have been working with the St. Anfhony Park Communifij Council and they approve of their resolution and are hoping that St. Paul and Minneapolis can work together to make this a business area. She went on fo Iist severat reasons why this project is not consistent wifh St. Paul and Minneapolis Land Use Plans. Joseph Ring, 2408 Territorial Rd., stated they do not support fhe rezoning and requested that this rezoning be denied because this area is designated for �ommercial and is one of the reasons they located their business there. In response, Lance Hanna stated that a planning consultant, as part of University Avenue transit corridor planning, conducted a developer forum that found that this property is not conducive for commercial use because of road access. Ne also stated that commercia! users have not been attracted fo this sife. Eric Galatz, 1472 Raymond Ave., zoning counsel for the applicant, expiained how they came to the conciusion that they needed to rezone this property by working with city stafF and how the proposed projecf re(ates fo TN3. David Jones gave additional detail on efforts to market the property. He noted that while � Ma�etd Research had submiffed a(effer supporfin.g confinued indusfrial zoning for fhis parcel, one oroposed use suggested by Ma�eld Research under contract with the oroperry's owner in 2000 was residential and student housing. Patricia James and Allen Torstenson explained spot zoning, uses permitted in the 11 district, and the intent of TN3 zoning. After further discussion the public hearing was ciosed. and Commissioner Carole Fariey moved approval of the rezoning. Commissioner Kathi Donnelly-Cohen seconded the motion. � The motion passed by a vote of 7-0-0. Adopfed Yeas - 7 Nays - 0 Abstained - 0 Drafted by_ S mitted by: Approve • by: � ,a�'�' ��2�:%2� Carol Martineau Pafricia James Glady orton Recording Secretary Zoning Section Chair !� DEPARTMEN'F OF PLANNING & D W I O ECONOMICDEVEUJPMENT �—� Tony Schertler, In[erim Dirutor ••••�'". CITY OF SAINT PAUL Christopher B. Coleman, Mayor March 6, 2066 St. Croix Partners LLC Aifn. David Jones 3415 University Avenue St. Paul, MN 55194 Leonard, Street, and Deinard Todd Phelps �50 S. Fifth Street St. Paui, MN 55114 25 F/est Faurth Sveet Telephone: 65I-266-6700 SairstPauI,MN55102 Fauimi7e:631-328-3?ZO JPl Development Lance Hanna 600 Easf Las Colinas Boulevard, Suite 1800 Irving, Texas 75039 RE: Zoning File # 06-006-090 - Sf. Croix Partners LLC Dear Mr. Jones: On January 6, 2006, you applied for a rezoning from 11 Light industrial to TN3 Traditional • Neighborhood at 2669 Territorial Road. After a public hearing by.the Saint Paul Planning Commission's Zoning Committee on February 16, 2006, the Commission voted to recommend approval of the rezoning on February 24, 2006. Minnesota Statutes 15.99 requires ihat aii city action on zoning applications be complefed within 60 days of the dafe the appiication is made, but ailows the City to extend this period for an additional 60 days (tota{ of '120 days). The original deadline for the initial 60-day period was March 7, 2006, but was extended at your request an addifional two weeks. In order to allow time for a City Councif pu6lic hearing on the rezoning and other related applications, whi{e meeting deadlines established by state law, the City of Saint Paul is here6y extending the deadline for action from March 21, 2�06, to May 20, 2006. We have agreed fo schedule fhe public hearings on the rezoning, the plat, and any appeai of the conditional use permit for the Aprii 19, 2006, City Council meeting. Please cail me at 651_-266-6639 if you have questions. Sincerely, � �C� Patricia James City Planner ca File # 06-006-090 License inspector • Zoning Administrator Disfrict 12 Community Council AA-ADA-EEO EMPLOYER � LEONARD STREET AND DEINARD January 26, 2006 VIA MESSENGER Ms. Pahicia 7ames City of St. Paul Department of Planning and Economic Development 1400 City Hall tlnnex 25 West 4th Street Saint Paul, MN 55 2 02 Z50 SOUTH FIF2H SiREEt Si]ITE 2300 MZNNEAI'OLIS� MINNE507A SSQ02 6 iz'335'=5� M�x 6 xz'335'= 6 57 � Exic H. GEu.n�rz 612-335-1509 Du�C'r ERIC.GALATZ�LEONARD.COM Re: Applicalion for Variance; Extensioa of Deadline for Review of Application for Rezoaing; RepIacemeaY of Lost Check for Itezoning Application Deaz Ms. James: Please accept this letter on behalf of JPI Davelopment Services, L.P., as a request to change the date for hearing of its January b, 20�6 agplications for rezonzng, site plan review and subdivision approval for tke proposed multi-family housing development at 2669 Territorial Road from February 2 to Pebruary 16, in order to ailow the Czty to review those applications concurrently with the Application for Zoning Variance 7PI is submitting with this letter. Accordingly, JPI is also agreeiug thatforthe purpose "60-day Rule" under Minnesota Statutes § 25.99,the effective date for the applications for rezoning, site plan review aud subdivision approval aze also extended by 14 days. With this letter, we aiso delivering to you an App2ication for Zoning Variance and a check in the amount of $2,250.00, which check covers the $250 application fee for the variance and replaces the check we delivezed witfi ttie January 6 applications, which we understand the Ciry misplaced. Very truly yours, LEONARD, STftEET AND DEINARD H. Enclosures 2715267.1 i • C� LAW OFFiCESIN MINNEAPOLLS� SAINT PAUL� MAN8A20� SAINi CLOUD AND WASffiNG20N� D.C. APIOfPSS10➢alAssOCiafioII W W W.LEONARD.COM b� �'�12� LEONARD, STREE'T AND DEINARD C� P%OFESSIONAL ASSOCIA770N Extc H. Gntarz 612-33S-t509 DtxECT ERIC.GALATZ�LEONARD.COM February 24, 2006 VfA EMAII. AND HAND DELIVERY St. Paui Pianning Commission St. Paui City Hall 15 West Kellogg Boulevazd St Paul, MN 55102 Ite: JPI Developmettt Services, L.P.—Jefferson at Berry Street Development Zoning File No. OS-207033 Dear Commissioners: Please accept this letter on behalf of JPI Developme� Services, L.P. ("JPI"), in response to comments the S�. Anthony Community Cauncil ("SAPCC") submitted yesterday, Thursday • Febniary 23, at 2:50 pm VJe believe the Zorring Committee of the Planning Commission addressed these issues at its hearing last week, but want to have our written response in the record. We apologaze tbat we do not haue fime to make this response briefer: SAPCC Assertion: "1) It conflicts with city and ueighhorhood planning." • Response: The Comprehensive Plan requires adherence to pxinciples, not maps. Section 8.1 of the Land Use Plan of tlie The Saint Paul Com�rehensive Plan provides tbat "The Citywide Laud Use Map ... is a co�ept map tUat couveys policy directiovs." The map "seeks to increase the fitte-grained mixture ofdif3'ere� land uses." The JPI pmposal is consistent with the following policies of the St Paul Comprehensive plan: Land Use Plau Policy SA.4: "Iiousing sites along major transportation corridors and near commercial centers should mcet the market demand for towsshouses, candominiums, and apartments." Pol+cy 5.5.2: "The City will encaiu�age more housin$ and jobs to locate alang higirservice bns routes .." Policy 6.3.2: "New urban housing, offices, rztail, aad industrial development should all comn`buYe through density and site design to the ridership base for public transportaROn on the University Avenue and I-94 bus rwtes . . . " I50 SOUTH FIFiH $TREET Sl11Se 2300 M[NN6APOLIS, A2[NNpSOTA 55402 TEL 612-335-SSUO PAX 612-335-1657 ZSS3JO$VL ypW OFPIGES IN MINNSAPOLIS, SAINT PAVL, MANKAiO, SAINT CLOUII AND WASHtNGiON, D.C. St. Paul Planning Commission Februaty 24, 2006 Page 2 $onsivg Plan Policy 5.i encourages "ihe praluction of 300-400 housing units a year that can be sold or reated to smaller households...on sites tlnoughout the city." The JPI pmposal is aiso covsistent witk the following policies of the draft District 12 plan, which the Ciry Co:mc�i has not yet ado�ed: "V'�sioa" statemeut: "S� Anthony Pazk seeks substantiat land ase chaage in the existing iadustrial azea to support more intensive use of the land and an increased ta�c base." Tiaagportation choice. Tfie proposed development supports dansportation cfioices by giving its reside�s access to waiking, b�lcing, driving, bus aud future Hght-ra� hansportation choices. Long term Snstainable Developme�. The proposed developmern supports SAPCC's desire for long- term sustainable development by providing a housing type that does not exist in St. Paui that will support the eight institutions of }ugha education that Y�ave beea the primary economic engine for St Paul and the State of Minnesota, for generations and will continue to be that for geiterations to come. Range of Housing CLoices. Student-orieated residerniat housing that is built to a Irigh quality and professionally managed and maintamed does not exist in St Paul. Further, providing housiag for stndents who otherwise would displace other households from more traditioaal honsing, Yhe proposed developmenY wil! iactease hoasing choices for others. Ecommic Vitakty. The praposed develcqrmeat supports SAPCC's desue to promote tIie economic vitaliry ofthe Univeisity Avenue corridor. As stated ia the Commtmity P}aa, asignsfueart r�tt and ongoing im�estment in new housing is Iikely to support future im�ent in co�rsumer-ariersted cmm�tercial services." SAi'CC Assertion: 2) It violates Minuesotx State Statirte which prolu'bits Spot Zoning Re4ponse: No Minnesota statute prolubits—oa even addresses spot mning. Accordiug to Mianesota case law "Spot wssing" is a}abel applie@ to certaiu zoning amendments invalidaYed as legislative acts unsap�orted by auv ratiovai basis related to pmmatingQubfic welfare and i Anderson, American Law of Zoning <2 ed.) § 5.08, The teim apgIies to zoning changes, typicaity limited ... and which dramatically reduce the vatue for uses specified in the zoning ordinance of either the rezoned plot or abutting property." Rochester Ass'n. etc. v. Cit� ofRochester. 268 N.W.2d 885 (Minn. 1978); see a lso, Aiexander v. Citv of MiaaeanoTis. 267 Minn. 155, i25 N.W2d 583 (19b3). SAPCC Asserlion: 3) It does not uphold the spirit of Traditiom.l Neighborhood Zoning designation Response: St. Paul PED guided JPI to the TN-3 desigaation because that designation is most consistent with the proposed use and the direction in which the City is guiding all of the University Corridor land west of 280. The 2.72 acre site wiIl coatain a single use but it wfll be part of a ueighborhood that includes commercia.t, retail, aad iudustrial uses, aiong with a range of residential uses other t.han student-oriented hosuing. � . r7 L � zss39os9i ai� - ��- St. Paul Plauuing Commission February 24, 2006 � Page 3 SAPCC Assertion: 4) It ignores tlae Mayoral eapectatioa for new collaboration between Minneapolis and St Paut Response: Neitl�er Mayor has weighed in on this groject. We understand the Council Member for M inneapolis District 2 is not supportive, ahhough the current Council Member has not cofftacted JPI or the current Iand owner ever. JPI is also aware Yhat the Prospect Pazk neighborhood is ogposed. SAPCC Assertion: 5) The isolated parcel does not l�a.ve the appropriate intrasfructure to support the project. 12esponse: The St. Paul planning staff has deternuned, on the basis of its review of JPI's application materials, wluch includes a Traffic Impact P.nalysis, that the infrastructure is adequate. The Minneapolis and St. Paul development community has rejeeted this site for industrial and commercial development for the last seven or eight years because neither city has provided or has a plan to pmvide commerciai or industrial access to the site. Very truly yours, �� • LEONARD, STREET AND DEINARD �^�—C ��\�`� Eric H. Galatz eric. Qalatz(a�Ieonard com Eric H. Galatz 2583908v1 ��/" 1 �O � I.E.OIVARD 5�� AND DEINARD BR7C H. GALATZ February 16, 2006 V7A E14IATL St. Anthony Park Comm�nity Council, DisYrict 12 890 Cromwell Avenue St. Paul, MN 55114 Attn: NinaAxeison Ij0 SOV7H FI27H STREc'I SUI?E 23W MSNNEAPOLiS� DSih'NESOTA $fq02 bi �N bizy3S'= f-'.X 512-33S-1S09 �iaECr ERIC. GA LATLG LEONA RD.COM Re: 7PI Development Services, L.P.—Jef£erson at Serry Street T�evelopment To the Saint Anthony Pazk Community Councii: On behalf of 7PT Development Services, L.P., enclosed is the "Jefferson at Berry Strcet FAQ Sheet" that hopefully answers many of the qvestions that the Council and the residents of St. Anthony Puk may have regazding the Development. We hope this FAQ Sheet wili be the basis � for a continuing dialogue amongsf ffie residents of St. Anthony Pazk, the SAPCC, neighborhood businesses, the property owner and JPl about what is best for this property, the neighborliood and the City of St. Faul. Specifically, we would Fike fo address the following questions that members of SAPCC have asked: I. �Vill the Jefferson at Berrv StreeE Develonment have enou h parking� Yes. The 7efferson af Beny Street bevelopment will have 225 total pazking spaces, af which 176 will be surface parking stalis and 49 will be deTached garage spaces. There wilT be 150 apartment units with 552 bedrooms, yielding an overall pazking ratio af 1.5 parking stalls per apartment unit and 1 pazking stall for every 232 bedrooms or anticipated resident. This translates to a parking ratio 0£41% (parking stalls to xesidents). • '�zossz.z The Code of drdinances requires 1.5 parking spaces per unit for apartmen# buildings in an RM district or 1 space per unit in a TN district. If the project was a roominahouse (whioh it is not), the Code of Ordinance would require one space per three bedrooms in an RM district and one space per 4.5 bedrooms in a'TN district. The Jefferson at Berry Street project meets or exceeds ali of these requiremenfs. JPI is confident the Jeffezson at Berry Street Development will have enough parking for several reasons: (a) JPI is providing more parking than is required by the Saint Paul Legislative Code, (b) IPi's tr�c and transportation consultant, Biko Associates, has LAW OFFICES [N MINNEAPOLtS� SASN2 YAUL, AtANMATU� SA1N2 [iOtSD AND WASH] VGTON� D.C. A PiafGSaioaaIAyso�jaCiOR W W W.LEONARp.COM February 16, 2006 Page 2 � 3. 4. prepazed a Traffic TmpacY Analysis under the b idance and direction of Sf. Paui Pub[ic Works, which indicates that 225 total pazking spaces is more fhan su�"icient for the I50 apartment units, (c) in JPT's experience as a student-fiousing developer, including a student housing development located in Minneapolis, 1.5 parking stalls per apartment unit is more fhan sufficient to meet the resident demands, (d) the City of Minneapolis has permitted similaz pazking rarios in the dozen or so simitar student-oriented housing communities that have be built and operated in Minneapolis over thc last several years, and has found ths pazking ratio to be agpropriate, (e) this is a Transit-Oriented Development, which will reduce reliance on automobiles and the demand for pazking. Yes. There aze two different vehicular access points. The primary access to the Devalopment is via Tezritorial Road and Berry SYreet. The secondary emergency vehicie access is via Bedford Street. JPF's transportatian consuitant, Biko Associates, has indicated that these access paints are more ttian sufficienf access for the Development. corridor"? Although the site is currentiq 2oned industriai, the Saint Paul Department of Pfanning and Economic Development believes that for this pazticulaz site, the Je£ferson at Berry Street Development makes more sense than a bioscience or industrial use. JPI believes that t6e bulk of any future bioscience deveIopment will be north of the University of Minnesota transitway upon sites thaY have not been cut off from futare commercial development. If this occurs, 7efferson at Berry Street will be perfectly located to support Yhe bioscience industry by providing homes for biascience workers that include unflergra@uate and graduate students. Oae of the stated objectives of the Saint tlnthoay Park—Dishict 12 Community Plan is to encourage tzansif, bicycIe and pedesh conneetions between homes and workplaees and between wor[cpiaces and commercial services. The 7efferson at Berry Street Development fulfills fihis abjecrive by providing homes for students that aze neazbq to potential workplaces. Whv shouldn't thes site be used for industrial puraoses' This site should not be used for indushiai purposes for many reasons, including: • The market does not suoaort an industrial use Although the site has been identified for light indusirial and biotech research facilities, fhe seven {7} years that the current aumer has markeYed this praperty for an indusirial use bears out the fact that there is no current demand--artd no demand for the fureseeable futare--for industrial facileties or a biotech use on this site. The St. Anthony Park—District 12 Communify Plan recognizes tbis mukef realify: "A Iazge amount of industrial space is currently vacant. With the decline ofmanufacturing, and the lazge supply of indu"shiai land in the azea, one could expect future declines in [the demand farJ indnstrial land [and] values. The developrnent af new market rate • � � znosazz b(� -� t � Februazy 16, 2006 • Page 3 toivn homes or other higher density housing, such as foft apartmenCS, grnvides an opportunifv for building higher Zand vaZues and taz base in tke area." The location af fhe site does not supporY an industrial use The University of Mmnesota transitway separates the site from all of the now vacant land to the norEh, which logically is guided for industrial and reseazch facility uscs. By contrast, this site is located neaz to other residential, including single family, townhomes, and for-sale condominiums, wazehouses, as well as KSTP- Broadcasting and other commercial and refail along University Avenue. Most importantly, there is no infrasfractwe that would suppozt andustrial traffic to and from the site from an here. The Saint Anthony Pazk — Dishict 12 Community plan acknowledges that "[The "Westgaie"] azea is effectively sepazated from most of the community and cleazly reads as a development pattern all its awn." This cited 'development pattern al1 its own' has cut off this site from further commercial deveiopment, despife Hubbazd Bioadcasting's attempts to lure a commercia] developer since 1998. Moreover, an industriai use on the site would requue a substaatial �pansion af roads—possibly of Pierce Butler Route—to support an industrial use on this site. • Does St. Anthonv Park reallv want more industrial land use� As indicated in • the St. Anthony Pazk—Aistrict 12 Community Plan, "half of SY. Antliony Park is devoted to industrial land use, much of it in an on going stare of declirze...University Avertue runs though fhe southern part of tlse District providing a corridor for new knusing and cnmmercial develnpinent." Why would SAPCC want to add more indusfial land usa when the demand is shrinking and tlae existing industrial buildings aze in a"state of decline"? 5. What about Minneanolis? JPI and Hubbard Broadcasting still intend to develop the Miuneapofis side of this property with a similaz student-oriented residential development. As stated in the St. Anthony Pazk—Dastrict 12 Community Plan, SAPCC should collaborate and develop muivally beneficial relationships with organizations ad}acent to S#. Anthony ParklAistrict 12 to address economic development and improvement of environmental resources. Although some members of the Prospect Park East River Road Neighborhood have expressed oppasition to this development, we would caurion SAPCC not to appose the 7efferson at Berry Streef DeveIopment - fo the detriment of the City of St. Paul - to further the interests of some of the residents of Prospect Pazk. The interests of SI�PCC and PPERI2IA diverge on at least three major issues: light-rail along University Avenue, the connection of Pierce Bufler Itoute to C3ranary Pazkway, and maximizing tax revenue for the City of St. Paul. • 272U582.2 �ebruary 16, 2006 Page 4 6. Contrary ta the desires of some of the residents o£Prospect Pazk, the Jefferson at Berry Street Development will help bring the residential densities required to support a light- rail line down University Avenue and will lessen the rationale to connect Pierce Butler to Granuy Parkway in Minneapolis. Jefferson at Berrv Street? Unfortunafe2y, 4here aze no present plans for a bus stop along the TJniversity of Minnesota transitway. 7PI hopes that once 7efferson at Berry Street is built, the University of Minnesota will recognize the vatue of a bus stop. In the meanti�e, 7efferson at Beizy Street residents will utilize the existing bus lines along Universify Avenue and the bikeways along the transitway. C � 7. Whv isn'Y the Jeffersoa at Berrv Street Develoomeat a different housiag tvoe or a mix of housint tvoes? .7PI has conducted extensive market reseazch and has concluded that there is a high demand for studenf-oriented housing in this area ]PT beiieves that the non-student-oriented fraditional muItifamiIy housing market is near capacity with projects such as F.merald Gazdens, 808 Berry and other developments either planned or currently under conshuction. JPI's focus has been and will continue to be student- oriented housing for this site. The Disfrict 12 Community Plaa and the SY. Paul � Comprehensive Plan call for a mix of honsing types at a aeiehborhood leve�. St. Anthony Park has a variety of honsing types, rariging fmm the historic single family homes east of Highway 280 and north of University Avenue to the neiv multi-family � rental and condominium developmenf wesf of University Highway 280 and south of University. What St. Anthony Pazk, and in fact St. Paul, does not have is privately owned and operated student-oriented housing. Jefferson at Berry Slreet will fiil a void that should not exist in a neighborhaod surrounded by one of the lazgest campuses in the country and in a city that hasts eight colleges and universities. E� Minnesofa campas? Yes. The distance to the �Iniversity of Minnesota is approximateiy 1.4 miles—wfiich is eifher a short bus-zide, walk or b�ce ride to campus. 3PI has conducted numerous surveys and market research studies t�at show a sirong demand for high quality, professionally managed student-oriented housing at tlus distance from the University of Minnesota. Itenfal housing azound the L7niversity including many single- family homes, duplexes and ixaditionat apartrnents--is 98% occupied, a housing caadition Yhat is very vnfavorable to housiag choice for resideats. The distance has not been a deTenent Lo the si�xificant uumber of students who aiready live around the site, on both sides af the horder. They live in single family homes, duplexes and small apartment huildings in Prospect Pazk, in new market nfe rental units in 808 Berry Street, in the new condomimums south of University Avenue and in the townhouses adjacent to the Ivlinneapofis side of the site, on the former Kampa Tire site. These students occupy housing designed for traditional families and are often tenants of absentes landlords with no interest in the neighborhood. Jefferson at $erry Street wiil be @esigued and managed for students. z�zosxzz � p(� ��(� r � u � February16,200b Page 5 JPI's proposed develapment honors the Saint Anthony Pazk - Distdct 12 Corimunity Plaa "Obiactive H2 Ran2e ofHousinQ Choices. Ir�crease the range ofhousing types and affordability within the Dishict to encourage a greater diversify of households and to be an affordable cammunity for all people throughout their Zafe and changing lijestyte needs." The proposed development will be the first ever high-quality madem purpose- built student-oriented rental hausing in. St. Paul. The �ry's colleges and universities lack tlus off-cam�us housing option for the college-yeazs phase of lifc. Such a dcvclopment will provide the unique "li£estyle needs" of a higher education smdent: I) Professional on-site managemeni and supervision, 2} amenities such as computer facilities, fitness center, game room and lounge, 3) requiremenY of a pazental guazanfor and accountability for student/child conduct, 4) high-speed internet and cable television access to every unit and bedroom, 5} full kitchens and washer/dryer units in every dwelling unit, 7) fuily furnished units, 8) reserved surface and detached garage pazking, and 9) flexibie leasa terms to allow roommate matching withont finaneia] liabiliry to reroaining roommates if a resident does not finish lus or her coIlege year. 9. Where will the 3efferson at Berrv Street residents shoa� The age-old real estate adage is that "retaii follows rooftaps: ' With the re-emergence of University Avenue as a commercial retail carridor, the addition of up to 552 new residents will undoubtedly be a tremendous econocnic boon for new and existing retaii shops atong University Avenue. The Saint Anthony Pazk—District 12 Community Plan provides ihat the "t3niversity Avenue commercial corridor still contains many mazginai cominercial pzoperties. FIowever, significant recenf and ongoing investment in new housing is likely to support future investment in consumer-oriented commercia! services." The Jefferson at Berry Sireet Development will support future retaii investment along University Avenue. 1Q. How will the proiect imuact the arouerty tax base� The cunent proper[y tax revenue for the site totals approximately $30,000 annually. The development wi1F add approximately $33 rnillion in value to ihe site and yietd approximately $450,000 in annual property ta3c revenue to the site--a net gain of over $400,000 annually. 11. Specific Site P(an Concerns. SAPCC members have expzessed the foliowing site plan concems: Pedestrian Connection to Universitv Avenue. JPI has revised the initial site plan to create a safe, convenient and visually attractive pedestrian gath from the Development to Uni��ersiYy Avenue. • • Bike Racks and Cabinets. 7PT has revised the initial site ptan to include 110 secured indoorbike racks as well as outdoorbike racks within the Development. "Green-snace". Jefferson ai Berry Street is designed to comport with the green- space requirements of the St. Paul Legislative Code and to maximi2e the amount of green sgace witliln the physical conshaints of the site. 7PI is willin� to work with the 3APCC and neighborhood residents to improve upon the existing site z�zossz.z February 2b, 2006 Page 6 pian, as well as exploring the possibility of contdbuting towards ttte betterment of existing parks or other community space within St. Anthony Park. Structured Parkine. Structured pazlnng simply is not economically feasible for this project. 7efferson at Berry Street is being huilt without any governmental subsidies. The Saint Paul Department of PIanning and Economic Develapment has indicated that except for two projecfs on Grand Avenue, no structured parking has been built ut the City of Saint Paul without a pubtsc subsidy. The City has told JPI that no gnblic subsidy for structured parking is available for this Development. Americans with Disabilities Act (ADA} Comaliance. The Jeffezson az Berry Street Development will meet or exceed all St Paul Building Code and ADA requirements. � On-Site ManaEemenL The Jefferson at $eiry Street Development will be professionally managed. We invite anyotte who is interested to visit the University Commons (foxmerly 7efferson Commons) development in Minneapolis to see for themseIves how a JPI Development is managed. 12. Yes, for maay reasons, including the following: • Vision. The "Vision" statement for SAPCC provides that "St. Anthony Pazk seeks substanfial land use change in the eacisting indushial azea to support more intensive use of the land and an inereased tax base." This is exactEy what 7efferson at Berry.Street Development provides—a more intensive residential use next to a transit corridor, that will significantly increase the tax base. • Transportafion Choices. SAPCC wants to use Iand redeveIopment opportunities to integrate and balance a wide variety of transportation choices by emphasizing safe, coavenient and visually attractive walking, hiking, driving and transit choices in circulation systems and patterns. Again, Jaffersoa at $erry Street supports these transportation choices by giving its residents safe, convenient and visually attractive walking, biking, driving, bus and future light-rail iransportation choices. Lon2-term Sustainable Developmeut. The Jefferson at Berry Street Development supports SAPCC's desire for long-terrn snstainable development because it provides a housing type that is,in strnng demand by students of the University of Minnesota, University of Saint Thomas, Augsburg College, Hamline University and other post-secondary institutions that have been—aud witl contin¢e to be—zastitutions ofhigher leaming for �enerations to come. t � � vzctssz.z o�-�t� February 16,200fi • Page 7 � Ranae of $onsin2 Choices. The 7efferson at Berry Slreet Devefopment supports SAPCC's desire to increase the range of fiousing types and affordabiliry witiun District 12 by providing student-oriented residential housing that is professional managed and maintained. • Economic Vitalitv. The Jefferson at Berry Street Development supports SAPCC's desire to promote the economic vitality of the Ilnivcrsity Avenue corridor. As stated in the Community Plan, "significant recent and ongair:g invesiment in new housing is Iikely to suppon future invesiment in eonsnmer- oriented commercial services." The Jefferson at Berry Street Development witt support future retail investment along University Avenue. Wc hope that this letter and the attached 7efferson at Berry Street FAQ Sheet answer your questions. If not, please do not hesitate to contacY us should you have any further questions. Our hope is to open ti�e lines of communications and work together on a student-oriented housing deveIopment that TPI and SAPCC will be pmud of for many years to come. Very truly yoeus, LEO , S T AND EINARD � � � 1 ric H. a!a EHGllao cc: Cauncil Member Jay Benanov L.ance Hanna Patricia James Tom Beach David Jones Bruce Haggerty Tom FTart • Zrzossa.z JEFFERSON AT BERRY STREET—FREQUENTLY ASKED QUESTIONS What is Jefferson at Berrv Street? 7efferson at Berry Street is a student-oriented multi-family housing proj ect on a 4.27-acre site at the northwest intersection of Territorial kZoad and Berry Strsei, Saint Paut, Minnesota, that is being develop� by JPI Development Setvices, L.P. 7PI is purchasing the property from St. Croix Partuers, L.L.C., wluch is an affitiate of Hubbazd Broadcasting. The denszty and unit mix for the proposed project wi11 be simi[az to University Commons (formerly Jefferson Commons) in Minneapolis, which was also developed by JPi. Jefferson at Berry Street will have 150 apartments housin� SS2 residents at a densify of 35.12 units per acre. 7efferson at Berry Street will consist of four-story wood frame construction with 176 surface pazlang spaces and 49 detached gazages. Weis Construction will serve as the GeneraI Contractor as they did for University Commons in Minneapolis. T`he aparhnenis will be a combination of two and four bedroom tmits, with au average occupancy of 3.68 residents ger tmit. The apartmenf units are suites in which each tenant witl lease an individual bedroom and an undivided portion of the idfchen and tiving room. Most apartment units wiIl include a private bath for each resident. Some four bedroom units will have two bathrooms to be shared amongst the €our tenants. Who is JPI Develoument Services Inc.� JPI bevelopment Services Inc., is a mu2tiple-famiiy residential developer and has built over $4 billion worth of nan-student-nriented communities spanning 26 staEes and over $1 bit[ion wortfi of student-oriented communifies spanning 19 states. Within iVIinnesota, JPI has built Jefferson at Plymouth (330 units buik in 2002) and Jeffezsan Commons- Minneapolis (164 unzts built in 2002). JPT provides two categories of communities oriented towazds either students or non-students, genera]]y, but it never resYricts its units to anv renter tvne, JPI builds its apar�ent communides to long-term institutional inveshnetet standazds established by its equity pariner, GE Capital, as well as the o#her institutional iuvestors tkat it works with. JPI bwiids its communities with the intent of managing and holding them as assets suitable for conservative long-term investors, such as pension funds and reai estate invesiment trusts {REITs). In some cases, JPI will seIl its completed developments to investors with similar objectives, as it did with University Commons. JPI sold University Commons ta Evergeen I}evelogment and the property is now managed by Real Property Systems, a professional managemettY group that operates simifaz properties thmughouY the counhy. (See wr com}, What is the historv of Ehe site where Jefferson at Berr�Streef wilt be tocated? The site is tocated between Territorial Road (south) and the Universily Transitway (north} aad the 3vlinneapolis-St. Paul city line (west) and Berry Street (east) and totais 4.27 acies in size_ This site is ttie foxmer Schnitzer MeYals faciIity, a formerly heavily polluted Superfund site. St. Croi�t Parhiers, L,L.C., originally acquired the groperty for � � C 7 � �� development of of#ices and studios for LTnited States Satellite Broadcasting in 1997 and cleaned up tlxe land to residential standards, in part with tax increment assistance from #he City of St. Paul. 5ubsequenfly, USSB was acquired in 1999 and St. Croix Par[nets did not proceed with its planned development. In the seven yeazs that St. �roix Partners has been mazketing the properiy, the only interested purchasers of the site have been residential develapers. Despite its best efforts, St. Croix Partners has been unable to seli tl�s property since it went on the market in 1999. Mazketing efforts include (1) assembling a team headed by real estate broker Garfield CIazk that included market reseazchers, planners, azciatects, and appraisers to identify potential uses and saek prospecfive purchasers for the sita, (2} seeking proposals to use the site for the University Enterprise Laboratories, and (3) entering into a purchase agreement under whioh McGough DeveIopment spent one year hying to develop interest in ths property for devetopment of an office pazk. During that year, McGough Developmenf invested about $250,000 in architectural plans, mazketing materials, and seeking tenants or purchasers for the proposed development, without success. Over the yeazs, St. CYoix has had discussions with severaT local industrial, office and housing developers. The only parties that $ave shown interest in the property, other than McGough Development, have been residential develogers. What is the retatianship betwsen JPI and Hubbard Broadcasrin�� • Tn Apri12005, JPI entered into a purchase agreement with St. Cmuc Parta.ers, L.L.C. {an affiIiate of Hubbazd Broadcasting), for purchase of the site with the intent to rezone and develop the property for high-density residential use. [3nder the purchase agreement, JPI bas the right and obligarion to proceed wifh the applieafion for rezoning, Hubbard Broadcasting owns and will continue to operate its television broadcasting business from the property immediateTy south of the site. 5t. Craix Partners owns the property to the west of the site in Minneapolis. St. Croix Partners intends to construct a pazking lot on approximately one acre of that property, to replace the pazlang lok that is cunently located on the site JPT intsnds to develop. JPI has the right to purchase the Minneapolis portion of the St. Craix Partners property a# a later date and JPI intends to develop the Minneapolis side of this property with a similar student-oriented residential development. St. Croix Pariners alsa awns (and wiil conrinue to own) Yhe southem half of the vacated right-of-way of Territorial Ttoad and will provide 3PI with easements for access to the site over that porfion of vacated Territorial Road. WGv should th'ss site be used far studenf-oriented honsin¢� This s'ste should be used for student-oriented housing because: (a) there is a strong markeY demand for this type of housing; (b) student-oriented housing is tfie highest and best use of this formeriy polluted land that has been remediated to residential standards; (c} this site is large enough to accommodate the proposed density; (d} tl2is site is located neaz University Avenue transif, the University of Minnesota Transitway bicycle path, and existing and planned retaii development along University Avenue. r I � u � + To meet a strong market demand for higher-quatify, professionat(y • managed studeret-oriented housing. 7�I's mazkei reseazch has detennined that there is an average occupancy raYe of 98% for rental properties within this trade area. TIus icsdicates that housing conditions aze not in equilibrium. The TTniversity of iVlinnesot�—Twin Cities campus continues to attract disproporfionately favorable enrollment demand: over #he past decade, freshman applications to the Twin Cities campus increased by more than 70 percent while the number of high school graduates in Mitmesota inereased by only 20 percent. Yet only 6,400 students live in University-owned or University-leased housing (13% of tofal enrollment, 22% of undergraduates). No new domiitories are planned £or the Twin Cities Camgus. 7PI has tazgeted the remaining oolleges in St. Paul to market to eustomets foz the proposed development, including S� Thomas University, which is 2.4 miles away &om the site (approx. 3,200 students residing off-campus�, Nlacalester University, which is 3 miles away from the site (approx. 400 students residing off- cazapusj, aud Hamline Uuiversity. A reseazch gaper issued by University TJNITED in December 2001, rided "Student Housing Op#ions in the Midway" corroborates JPI's identification of an underserved student gopulafian in St Paul: "The student housing shonage in the Twin Cities makes it more diffccult • for students to aitain a high quatity residential experience in close proximiry to campus at an affordabte price. As sYUdents become less abie so fznd housing near campus, they rum fo locarions that are diszant from their college - often Zess desirable loc¢tions. T7ce current housing shortage has teti to a general increase in the cost of all housing, including ofj- campus rental housing. Th'u, in iurn, increases the likelihood of overcrowding as students hy ta keep down their housing eosts by bringing in additional roommates." • The site is ideal for transit and pedestriax-oriented devetopme�t far studenis of the University ofMinnesota and the several private calleges within SL PauZ's University Avenue Corridor. JPI identified the site as an attractive site for mid- to high-density (40 units per acre) student- oriented residential development because (1} it is located midway beriveen fihe Minneapolis and St. Paul caznpuses of the University of Nfinnesota, adjaaent to the University of Minnesota Transitway, wluch provides off- street pedeshian and bicycle access to those campuses, (2j it is one block north of the LTniversity Avenue transit comdor, whzch currently has excellent bus sexvice to She University of Minnesofa, Hamiine University, Macalester College, St, Thoznas University, both downtawas, and everything in between, and (3) the transit choices wiTl be fur[har improved by light-rail transiY in the neaz futute. The location along the University of C ' � 3 �V / �l � • VIinnesota Transitway also holds out the possibiliry of express transit service to both University of Minnesota campnses. • The site is surrounded by historical residential devetopmext axd recent resirlential redevetopment 7PI was also attracted to the site by the exis�ng residential development azound the site, including the successful residential redevelopment of environmentaily contaminated industrial lar�d two blocks south {below IIniversity Avenue}, sandwiched beivreen Trunk Highway 280 and the MinneapolisJSt. Paul city line. The $43 million 808 Berry Place A.pattments {2671usury rental units) and $49 miilion Emerald Gardens Condominiums (212 condos selling for between $20Q,400 and $419,000 each) zeside atop previously polluted industrial land and still reside adjacent to active industriai users. Both properties aze located 2 blocks soath of the site. One block south of the site, the 67-unit Metro LoBs Condominiums at University Avenue and Beny Street are selling between $16b,000 and $254,000 each; 40% of its unit types aze sold oat and the pmject is still under construction. Qn the Minneapolis side of the border, the site is adjacent to a smail enclave of historica3 single family homes, 1960's vintage three story walk-ups, and recently conshucted townhomes in an isolated portion of the Prospect Pazk neighhorhood. The City af Minneapolis has protected fhis enclave by closing off 4th Street (Yhe Minneapolis extension of Territorial Road) at Malcolm Avenue and � thereby closing off an otherwise convenient route for commercial vehicles to and through the site. JPPs proposed residenfial development on the site wiI] enlarge and reinforce this othenvise isolated residential area. • The redevelopment nf this site wil! provide an economic benefit ta tFze City of SL Paa! while encnuraging brownfaeld reuse. This development opportunity provides economic benefit to the City from cutrendy under- urili2ed land. The 552 new residents will provide new demand for the desired vibraut retail development along the ilniversity Avenue aomdor ("retail follows roo$ops"). The properry's undeveloped state currenfly yields approximately $30,000 in property tax revenue; JPT's proposed multifamily development would yield approximately $450,QQQ in annual property taY revenue. ltesidentiai redevelopment of this site will provida a logical northwazd extension of the successful residential redevelopment of the land due south of the site (808 Berry Place, Emerald Gardens, and Metro Lofts). Why shouldn't this site be used for industriat purnoses? • The market does not support an industriai use Although the site has been identified for light industrial and biotech reseazch facilities, the seven (?} years that the current owner has mazkeYed this property for an industrial use bears out tfie fact that there is no current demand—arid no . demand for the foreseeabie future---for industrial facilities or a biotech use � on this site. The S� Anthany Park—I?istcict IZ Community Plan � recognizes this mazket reality: "A latge amouat of industrial space is cu�rently vacant. Witfi the decIine of manufacturing, and the Iazge supply of indusfrial land in the azea, ona could expect future declines in [ihe demaad for] in@ustrial land [aztd] values. The developmeat of new market rate town homes or other higher density housing, such as Coft apw•frnents, pmvides an npportunity fnr builddreg higher land values and tux base irs the area." Lack of Access for Industrial Users, which could tead fn an expansion of t):e Pierce Butler Route. If the site was used for an industrial use, there is currenfly no infrash�ucture thaf would suppott indushial or commercial traffic to and &om the site from anvwhere. An industrial use coutd lead tn the etpansiwn of the Pierce Butler Route. Residents of St. Anthony Pazk fiave been cleaz that they do not want an expansion of tfie Pierce Butler Route and possible conn�tion to Granary Parkway in Minneapolis. This is a necessary and likeIy outcome if this azea is continaed to be gaided for an indushial vse. By contrast, Jefferson at Berry Street in and of itselfwill not require such an expansion. Tlte University of Minnesota Transitway. The Univeisity af 1Vlitwttesota � transitway separates the sife from aIl of the now vacated land #o the north, which is guided for industrial and research facility uses. What are the architecfural features of Jefferson at Berrv S4reet? Jefferson at Berry Street witl be safe, convenienT, visua2ly attractive aad pec3esfrian friendty. It wi21 be azranged in two open cauriyard schemes with an additionai building facing the LTniversity of 141mm�esota Transirivay. The exterior design scheme of the proposed improvements boaows from the "Craftsman" style of .azchitectvre, using exposed bzackets and extensive detailing of columns and cannecfioas. The exterior of the four-story buiidings will be primarily siding, panelized to eapress a subtie vertical nature, but also s�atified horizontaIly with trim and differing siding exposure and colors. The roof will be a"weathered wood" architectural composition shirigle. Tke balconies and patios witl be delineated on the elevation with opposing gab2es intersecting the iup roof conditions. Publio entsy points and vertical cuculation wiil be idenfified by tawers capped by bracketed ]vp roofs. The site includes 110 secured indoor bike racks as well as outdoor bike racks. 7PI has made severai changes to the azclutectural features of the project based upon input that it has received from city sfaff and neighbors and will continue to work with the city staff and neighbors on siYe design. � � p(��I� � What are the transif choices for residents of Jefferson at Berrv Street? The transit choices for residents of Jeffetson at Berry Street wiil include (a) public transportation via the University Avenue bus lines, (b) bike paths and pedestrian walkways down the ITniversity of Nlinnesota Transitway, {c) vehiculaz, and (d) light-rail transit in the future. What are the nhvsical constraints to develonin� this aronertv? • Pront Yard Setback. Because the site has as its only frontage half of the width of vacated Territorial Avenue (33 feet), 3PI cannot place a building within 25 feet of the front properiy line. • Frora Entrance Design and Parking. The narrow north-south orientation of the site, and the nature of ffie adjoining uses, precludes placing all of the pazking at the rear (west side) of the site. Because the total lot frontage is only 33 feet wide, TPI cannot place its entry drives within 30 percent of the total lot frontage. Even with the fuli 56 foot width of vacated Territorial, 30 percent of the lot frontage would be less than 20 feet. In order to provide vehicular access to the site at all, 7PI is requlred to obtain an easement over the south half af vacated Territorial 12oad from St. Croix Partners, L.L.C. Even with the fu1166 foot width of vacated Temtorial, 30 � percent of the lot frontage woutd be less than 20 feet, which would not be sufficient for two-way vehicuiaz and pedestrian access. Coxfzgurafinn of Slte; �4djacent Properties. The site effectively has four "rear yards" with no front or side yards. The south and east baundaries abut neighboring rear yards, wbich are surfaee pazkin�Jfoading spaces. The ttorth boundary is a non-public transit right-of-way controlled by tha University of Minnesota. The west yard ss the only technical reaz yard because it is opposite the entry to tlie site, • Parkirag Placement. The site confin ration and cost of underground parking and the nature of the adjoining property uses render side yazd parking as the only feasible altemative available. Whv did .IFI desi2n Jefferson at Serrv Street the wav t6at it did? The layouf and design of the project is tailQZed to the unique ctiaracteristics of the site. Wiil the 3efferson at Berrv Sfreet Devetopment have enou�h parkini? Xes. The 7efferson at Berry Street Development will have 225 tota? parking spaces, of which 17b will be surface pazking stalls and 49 will be detached garage spaces, yielding an overall pazlang ratio of 1.5 pazking stalls per apartinent unit and 1 pazking stall for every 2.5 bedrooms or anticipated resident. Tlus translates to a parking ratio of 41 %(pazking stalls to residents). C J � 7PT is confident tfiat the pa8dng it proposas to provide af 7efferson at Berry Sheet wiIl • satis£y the demand for pazldng for several reasons: (a} JPI is providing more pazking than is required by the Saint Paul Izgislative Code, (b) JPPs traffic and transportation consultant, Biko Associates, has prepared a Traffic Impact Analysis, which indicates Yhat 225 total parking spaces is more than suffioient for the 150 apaztment uniYS, (c) in JPPs experience as a student-housiag developer, inciuding a studeat housing devetopment tocated in Minneapolis, 1.5 parking staiLs per aparEment unit is mare tfian sufficient to meet tfie resident demands, and (d) this is a Tzansit-Oriented Development, which will reduce reliance on automobiles and the demand for pazking. What amenities will be provided to the residents of Jefferson at BerrV Street? Amenities wiii be oriented toward the preferences of the student resident for this location. Common area amenities will include a teasing center and clubhouse with computer lab, fitness center, game room, and a secured spa area. LTnit amenities will include fu�l fumiture packages, full latchens, in-unit washers and dryers, free cable and high-spesd intemet access, free gas heat and watar, and free electricity up to Yfie first $15 per residenY. Does fhe Saint PanI Comurehensive Plan sn�nort residentia[ develonment on ffiis site? Yes. The proposed rezoning is consistent with the Saint Pattt Comprehensive Plan for the following reasons: • Iznd Use Plan Policy 5.4.4 o£fers guideiiaes for new hvusing, stating: � "Housing sites along major transportatian cortidors and near commerciat centers shauld meet the mazket demand for townhouses, condominiums, and aparhnents." • Policy 5_5.2 states: "The City will encourage more housing and jobs to locaYe along high-service bus routes. ..:' Tlus site is near Ywo tr�ansportafion corridors: IJniversity Avenue and the Universzty of Mituiesota transitway. Tlus site is within tfie University Aveciue Corridor. • Policy 6.32 states: "I�ew urban housing, offices, retail, and industrial development shouid all contribute tbrough density and site design to the ridetship base for public transportaTion on the University Avenue and I-94 bus routes ..." Rezaning this properiy to TN3 is consistent with this policy. • Housing Plan Policy 5.1 encoutages "the production of 30d-4Q0 housing units a year thau can be sold or rented to smaller households...on sites throughout the city." • Policy 5.4 encourages "a diversity ofbuilding and unit types to meet tke diversiry of the mazket" l — � b(�-�� 12. foz many reasons, includittg the Vision. The "Vision" statement for SAPCC grovides that "St. Anthoay Pazk seeks suhstantial land use change in the existing industrial area to suppart more intensive use oi the land and an increased tax base" '£his is exactly what 3efferson at Berry Street Development provides—a more intensive residential use next to a transit corridor, that will significantly increase the tax base. t + Transnortation Chaices. SAPCC wants to use Iand redevelopment opportunities fo 3ntegrate and balance a wide variety of transportation choices by emphasizing safe, convenient and visually attracrive walking, biking, driving and transit choices in circulation systems and pattems. Again, 7efferson at Berry Street supports these transportation choices by giving its residents safe, convenient and visually attractive walking, biking, driving, bus and future light-rail iransportation choices. • Lone-term Sustainable Development. The Jefferson at Beny Street Development supports SAPCC's desire for long-term sustainable deveiopment becanse it provides a housing type that is in strong demand by students of the Universiry of Minnesota, University of Saint Thomas, Augsburg Coilege, HamIine University and other post-secondary institutions that have beeu—and will continue to be—institutions of higfier leaming for generations to come. Ran2e of Housin2 Choices. The Jefferson at Berry Street Dsvelopment supports SAPCC's desire to increase the range of housing types and affoxdability within District 12 by providing student-oriented residenrial housing that is bailt to a high quality and professionally managed and maintained. Economic `Vitaliri. The Jefferson at Berry Street Development supports SAPCC's desue to pmmote the economic vitality of the L7niversity Avenue corridor. As stated in the Community Plan, "significant recent and ongning investment in new housing is Iikely to support future investment ira consumer-oriented commerciad services " The Jefferson at Berry Street Development will support future retail investment along University Avenue. u WhaE land use anarovals are reQUired to build Jefferson af Berrv Street? In order to develog Jefferson at Betry Street, 7PI musY obtain the following land use approvals from tha City of Saint Paui: � Rezoning. Ti3e site musY be rezoned from I-1 (light indusTrial) ta TN-3 • (Traditional Neighborhood). The Saint Paul 2oning staff have recommended fhat the Sife be rewned. Variaaces. Variances of TN3 standazds aze required for front yazd setback (25 feet Yo 110 feet), parking location and entrance design, and baild'mg height (45 feet to 4b.5 feet for the north building}. Site Plan appraval. The Saint Paul Zoning staff have recommend approval of the revised site plan. FTow wili Jefferson at Berrv Sfreet nositivelv impact the prouertv fax base? The cvrrent property tax revenue for the site totals appro�mately $30,OD4 annually. Jefferson at Berry Street wilt add approximately $33 million in vatue to the site and yield approximately $454,�04 in anuuai property taY revenue to the site—a net gain of over $400,000 annually. � • � � �dB�t��9 �Sg35�� r � saaz � f �; J • Dear Planning Commissioners, �� The St. Anthony Park Community Council requests your consideration in uphoiding the current industrial Zoning designation for 2669 Territorial Road. We oppose the application of St. Croix Partners for five primary reasons: 1) It conflicts with city and neighborhood planning 2) It violates Minnesota State Stafute which prohibits Spot Zoning 3) it does not uphold the spirit of Tradifion� Neighborhood Zoning designation 4) It ignores the Mayoraf expectation for new� cotlaboration between Minneapolis and St. Paul 5) The isolated parcel does n�t have fhe appropriate infrastructure to support the project. The proposai for student oriented housing conflicts with the St. Paul Comprehensive Plan and the current and propased District 12 Pians. Soth th�� City and the neighborhood took great lengths to study this {and for appropriate use, and both recognized the industrial and commercial success of its surrounding properties when deciding on 11 designation. The Minneapofis Cityr� Council, Prospect Park and ffie South East Economic Deveiopment group hav� also recently assessed the westem portion of the parcef and determined it besfi kept in industriai usage. The District 11 Pian did identify industrial areas east o� T.H. 280 for redevelopment as light commercial, retail and residential. This determination was made thoughtFulfy and deliberately because of the number � vacancies and proximity to areas in current residential redevelopment. • The approval of TN3 zoning of this property would violate MN State Statute, which prohibits the use of "spot zoning". Spot zoning is the practice of creatinq� an isolated island of a single use, for a single project which is distinctly differen�. from the surrounding designations. The City is expecfed to rezone to fit the comprehensive plan not to accommodate a specific project. Unlike mixed use development, this project places residential use in an area surrounded to the North, South, and East by thriving industrial and commercial development. Ar� the plan for the West is designated for similar indusfrial use. There are no other plans to develop housing or retail on any of the surrounding properties that wa� relieve the isolation of this fone parcel. Traditional IVeighborhood Housing was intended to create high-densi#y, pedestrian and transit oriented mixed use development. We feel that if this are� was intended for TN3 the City of St. Pau{ would have designated alf of the surrounding blocks west of T.H. 280 and North of University appropriate for TP�k3 in their Comprehensive Plan. The TN3 district can be appfied to smaller sites F� an existing mixed-use neighborhood center where a mix of uses, a mix of housing styles, a system of interconnected streets and paths, and a system of open space resources and amenities aiready exist. Ifi a snapshot was taken of the city or a 20 acre area, this might be an appropriate designation. But this particular parcel is so isoiated that the residents would not have appropriate access to pathways, open spaces, or retaii in the surrounding blocks. � The rezoning of this isolated parcel ignores fhe Mayoral expectation for new collaboration befween Minneapolis and St. Paui. Just last week, Mayor Rybak. and Mayor Coleman committed to fhe growth of the bioscience corridor and the commercia! and industrial potentia! west of T.H. 280 directly in the area proposed. We recognize that the land has been vacant since its remediafion, but the new spirit of collaboration the cities and the opportunities of the bio-science corridor, wiil increase the derrtand for this valvable industrial space. 7here are also serious concems from the Prospect Park who advocated the 6 acres in Minneapolis stay industrial. They are already burdened by an increase in crime attributed fo newer, high-density student housing projects. They also have serious concerns for fhe increase in overfiow parking fhaf wou(d negativety impact the surrounding area. Lastly, we do not believe the City shouid rezone this property because the infrastructure isn't there to support it. There is insufficient parking, limited access for cars {only one way in and out), poor pedestrian access (walkers will have to cross parking lots to reach streets intended for commercial traffic, with no available or planned sidewalks. We are not against studenf housing, but we would not fee! comfortable isolating a large community of college students in an area with no residential neighbors, university supervision and severeiy lacking in the infrastructure needed for successful student housing. For these reasons, the St. Anthony Park Community Council passed the following resolution: Whereas, fhe District 12 Pfan calls for the area north of Universify and west of Hwy 280 to remain indusfrial zoning (I-1). Whereas, the entire parcel (Minneapolis + St. Paul parcels) would best be developed as one project and the City of Minneapolis has also restated their intention to maintain the westerly portion of this site as Industrial so that JPI will not be able to include the parcel in their project; Whereas, TN-3 zoning was intended to support a mix of uses - residential, commercial, civic and open space. It is also to support a mix of housing types, styles and sizes to accommodate households af varying sizes, ages and +ncomes. The JPI projec# proposes a single ?ase with one housing option marketed solely to coltege students, which is not the intent of the TN-3 zone; Therefore, SAPCC opposes the rezoning of fhis property from i-1 to TN-3. Thank you for your time and consideration, Nina Axelson Community Organizer St, Anthony Park Community Council 659-649-5992 • � � �� ! 1 `� SOO IDS CEMSR 80 SOUTH EIGHTH $TAE£T MiNn=_naous, MN 55402-3796 612 6323090 Fax:6t2 632-4444 I01� WEST ST. GERMAIl: $Tg,EcT Surfs 600 Sr. Czouo, M� 56301 3I0 252-4414 Fax: 329 2>2-44g2 Reply to MinneapoZis Peter K Beck 612 632-3001 Peter.Beck@gpmlaw.com February 15, 2006 The Zoning Committee St. Paui Planning Commission clo Office of Piaiming and Economic Developirient Ciry of St. Paul 8 Fourth Street Bast, Suite 200 St. Paul, MN 55101-1024 Re: St. Croix Partners, LLC Applications for Rezoning and Variances 2669 TemtoriaI Road , 1 U . Dear Commiteee Members: This letter is written on behalf o£ our client, Colder Products Company ("Colder"}. Colder is Iocated at 1001 Westgate Drive, immediately East of the property located at approximately 2669 Territorial Road (the "Property") which is proposed to be rezoned from I-1 Light 7ndustrial to TN3, Traditianal Neighborhood. This letter is to advise the Zoning Committee that Co7der is opposed to any residential use of #he Property. Colder submitted a letter to the Boazd of Zoning Appeals on December 16, 2Q05 indicating its opposition to residential use of the properiy, and continues to be opposed to the proposal to locate student housing adjacent to Colder's industrial use. Backeround Colder is an intemational corporation headquartered at 1001 Westgate Drive. Colder manufactures quick disconnect couplings for fluid transfer which it sells to Fortune 500 companies and other businesses in the United States and azound the world. Colder occupies 62,500 square feet in two build'ings in the Westgate Business Pazk. Colder employs over 220 employees, over half of which aze St. Paul resideuts. Colder is growing at a 7ate of 10% to 15% per yeaz and wants to stay and grow in its current location in the City of St. Paul. GAAY� PLANi, MOOTV, MODTV & BENNETT. P.A. A1'TOAYEYS AT LAIY www.gpmlaw.com ' The Zoning Committee St. PauI Pianning Commission February 15, 2006 The Property proposed to be sezoned is located unmediately adjacent to Colder and backs up against Colder's toading docks. Rezoning the Property to aUow sfuden[ housing would have a significant impact on Colder's futute plans for two reasons: 1) it would eliminate a poYenrial expansion opportunity; and 2) placing 550 college students immediately adjacent to Colder's Ioading docks would create inevitable land use contticts and would FnuItiply by severaI times the chailenges wIuch CoIder is atraady facing with pedestrian traffic passing through its site and vandalism. If St. Paut is serious about supgorting zts industrial businesses and retaining the jobs which those businesses generate, it should nof be converfing industdal sites adjacent to successful, well-established existing businesses to residential uses simply because property is more valuable for residential uses. Virtually every industrial site in the City woutd be mare vatuable if the properiy owner could get the City to rezone it for residential uses. Rezoning fhis Property will send a chiIling effect throu� the industrial community because every business will lmow that it could wake up one day to see 550 college students living across from its loading docks. ComDrehensive Plan Consistencv • The application materials submitted by 7PT Development Services asserts that the • current I-1 zoning of the Property is inconsistent with the City's comprehensive glan, reiying on a munber ofpoIicy statements from tfie Comprehensive Plan, but making no reference to the land use map in the Comprehensive Plan. The staff report, while not going so far as to say that the current zoning is inconsistenf with fhe Comprehensive Plan, states that the proposed rezoning is consistent with the Comprehensive Plan, again reiying on po$cy statements in the pIan wlule maidrig no reference to tfie Iand use map. We have been advised by planning staff that the Comprehensive Plan land use map shows ttze Property desi�atec3 for indushial use. We have not been able to canfirm that fhi s is �ue, but if if is hue that fhe Comprehensive PIan land use map designates the Ptoperty for industrial uses, then it certainly is not accurate to say that the existing I-1 zoning is inconsistent with the Comprehensive Plan. Nor is it accurate to say that the proposal to house 556 college shtdents on the Property is consisYeat with the comprehensive pian. If the Comprehensive Plan designates this Property for industriat uses, the proposal before the committee is clearly inconsistent with the Comprehensive Plan. The itnportance of the Comprehensive Plan has been emphatically reiterated by the Minnesota Supreme Court in the recent case of Mendota Golf LLP vs. Ci of Ivfenflota Hei¢hts. (Case No. A04-206, January 10, 2006). In that case, the City of Mendota Eieiohts arb ed thaY sts Comprehensive Plan, whick designaEed the property for use as a golf course, aud its zotting ordi.nance, which allowed development of the . � D(��"�(2� • The Zoning Committee St. Paul Pianning Couunission February 15, 2006 property_for one-family detached dwellings, were not in conflict. The Supreme Court found that they were in conflict, that the Comprehensive Plan controls, and that the zoning must be brought into compliance with the comprehensive plan. In fhis instance, the Comprehensive Plan designarion of industriaI use and the existing I-1 zoning aze cAnsistent. The applicant proposes a residential use, which is inconsistent with the industiial designarion in the Comprehensive Plan. IZezoning the property to altow a use directly in confiict with the industrial designation in the Comprehensive Plan would violate state law, as interprefed by the Supreme Court in the Mendota Hea2hts case. Furthermore, it may be a nullity. In fhe Mendota HeiQhfs case, the Supreme Court stated that the R-1 zoning of that property had no reai significance because the properiy could only be used as a golf course. Similarly, rezoning this Property to TN3 will have no real significance because the Property can only be used for its designated use in the Comprehensive Plan: Industrial. If the City wants to redesigpate the Property for residential uses, it must follow � � the statutorily mandated procedure of amending the Comprehensive Plan and then bring the zoning ordinance into compliance with the amended Comprehensive Plan. • Rezonin2 The Staff report recommends approval of the applicarion to rezone the Property from Light Industrial to Traditional Neighborhood based on five findings of fact. The first of those findings is sunply a summary of the proposed use of the Property to house 552 college students, and is not a finding to support the rezoning. Findings 2 through 5 also wi11 not support the proposed rezoning, for the following reasons: Finding #2 states that the proposed TI33 zoning is consistent and compaAble with the broad mix of uses in the uea. However, placing 552 college shxdents immediately across from loading docks serving an industrial use is not a consistent and campatible use. Finding #3 states that the existing zoning does not allow for residential use and that tfie applicant has marketed the PropeYcy to industtial developers with no success. However, the application materials submitted by 3PI indicate that the Property has been marketed for University Enferprise I,aboratories and for development of an office park. It is no doubt true that the Property does not have as much value for industriai use as it would for an office pazk or resideniial use. However, tha same could be said for virhxally any industrial property in the City. Colder, for instance would not be willing to pay as much for the Property as a residential developer. However, Colder believes the Property is its only potential for expansion at its current location and would, when it reaches the point where .� � The Zoning Committee St. Paul Planning Commission February 15, 200b its growth justifies it, pay a fair price to acquire additionai indus�iai land £or expansion. Finding #4 states that the proposed rezoning is coasistent with the Comprehansive Plan. However, as aoted above, this finding is supported only by reference to policies wifhin the p1an, nof to the land use map in the pIan. The land use map can not be read out of the Comprehensive Plan by reference to selected policies pulled &om different sections of the Plan. If this were allowed, nobody could lmow what uses aze or aze not allowed on any b ven property. Finaily, Einding #5 states that an adjoining parcet in NTinneapoIis has been approved for "commercial, office, limited retaiUservice or industrial uses," and that this justifies rezoning the Properiy for 552 residents. Under this logic, what use on the adjoining parcel would be inconsistent with stndent honsin$? Residential is vir[ually the only use not approved for the adjoiuing pazcel. To state that a plan to use the adjoining pazcei for every use except residential makes if consistent wifh residential use of this Property is just simply incomprehensible. Variances Tke TN3 zoning is apparently beiug requested because it allows a miaihue of uses, even though the proposal is for a strictly residentiaI student housing use. The goal of the traditional neighborhood districts is to achieve a mixture of uses in well designed projects. However, this project has a single use, which is not consistent with the Comprehensive Plan or surrounding uses, and is requesting variances from several of the TN3 design standards. We do noT believe that the findings to supgort these variences can be met, as foltows: a) 'Fhe property in question can be put to a reasonable use. 'I'he Property is zoned and guided industrial and there aze no constramts other thazt the current mazkeY whzch would prevenY its development for indastriai pnrposes. ilnless industrial expausion and development is no longer a reasonable use ia the City o£ St. Paul, this properiy can be put to a reasonable use. b) There are tto unique circumstances to this property. It is sunply an industrial site for which tlie landowner wants to receive residential land values. c) The praposed variances are not in keeping with the spirit and intent of fhe code. In fact, the proposed housing proj ect is an end run azound the zoning ordinance by requesting a mixed use zoning district with shict design standazds £or a single use development seeking variancas from those staudards. • • � �f��f(�- i r � u • The Zoning Committee St. Paul Planning Comrnission February 15, 2006 d) The project will alter the essential character of the area. The Property and the properties to the east ue industrial. Developing a student housing complex on the Property will alter the character of this industria] area. e) The request for variances is based ott a desire to increase the value and income potential of the land. The rezoning of this parcel to TN3 and the concurrent variances to allow the de��elopment of a single use residential project is motivated, in our view, exclusively by a desire to zeceive more money for the property than it is worth with its current industrial zoning. Conclusion Colder is very concemed about the possihility of having 552 college students adjacent to its industrial use. The zoning committee should be concemed about the precedent which would be set by the approvai of this rezoning and variances. Approval would set a precedent for allowing selected policies to be pulled from various portions of the Comprehensive Plan to }ustify a rezoning inconsistent with the land use map. Approval would set a precedent for allowing the rezoning of industrial property to residential uses if the property is more valuable for residential use. Approval would set a precedenf for allowing the development of single use residential project immediately � adjaceut to well established city supported industrial azeas and uses. Colder supports the City's goal of continuing to expand its residential tax base. However, this proposal is a bridge too faz. It is inconsistent with the City's Comprehensive Plan and it wilt place a residential use which has the potenfial to be uniquely incompatibie with adjacent indushial uses iznmediately adjacent fo Colders business. It sends The wrang message to job generating industrial businesses in the City witlt respect to fhe City's willingness to protect the integrity of the zoning and planning process and their businesses. For these reasons, Colder requests that the Committee recommend to the full Commission that the Property not be rezoned to TN3. Sincezely, 1 \'� V Peter K. 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'� v Y�' ZL c C L W � " G ` ' � .e. � CJ ,� i 'C'' b u _'` � .��y � 'X :S .� � � "" y: � � � t+ l � G � y a, � „�Cv a� `3 "c � A � s � � a `'° o � � c � � % �� i ;� . � a) C G 3 � �. .� � � C � i�} g � � � GtiS � � C � .r�e O U � O � C � .� � � t� � � r'"°'i� Proposed Development of the S� Croix Property (I3ubbard Site) as a Student Housing Facility The Prospect Park Fast River Road Impmvement Association, bo[h through its Zoning Committee and the actions of its • Execuflve Boazd, objects to the proposed rezoning and change of the land use plan of the St. Croix Property, located norrh of Hubbazd Broadcasting and north of Temtorial Itoad and Fourth ST. Southeast, as a lazge student housing project Before any serious cvnsideration is given to changing the existing zoning of the St Croix Property to permiY "High Densiry Residendal", it is essenual to determine if that would be consistent with the original, over-riding purpose when the Southeast Minneapolis Industciat Area was created more than a decade ago. We believe it is accuraze to summarize this oveiall purpose as follows: To reclaim abandoned, polluted or otherwise undenrtilized industrial land and retum it to productive use and thereby increase the tax base and encourage ihe creation of liviug-wage jobs in the Ciry. Furthermore, it is vital to assess if progress to date in aclueving dus over-all purpose is sufficient to warrant giving up a prime indusuiaYcomme�ial site for lower prioriry ase, such as housing. It is our undeistanding that the City is curretttIy doing an InduStrial study. Creating an industrial azea from a"brown field" is not an inexpensive or a short term undertaking. Literally millions of dollars of public funds have been, or will be invested, in the clean-up of polluted sites, in the road and storm water systems, and in other uti2ities ami amenities, before it is completed. �Vhile development usuatly occuts in fiu and starts, at the end of the day the whole scheme needs to fit together, if the value of those invesmients is to be zealized. One of the frus�ations with the Southeast Minneapolis 7ndustrial Area has been that wtuIe the deveIopment of more than • one million squaze feet of commerciaUindustrial space and the addition of appzoximately 1,500 jobs over the last ten or twelve years is a credible achievement, a substantial amount of the available area has been lost ro other purposes wluch don't add any significant new employment opportiwities and to some that don't pay any properry taxes. This has included four lazge student housing projects, a privaze school, a lazge smdent pazking lot, a new sNdent athletic pazk, a new Universiiy football stadium and a residential faciliry for families of patients receiving cancer therapy at tfie University Hospital. This is not to say that these developments aze without merit, it is just that there is a"squeeze" on available commercia]lmdusTrial lattd. As a result, there is oaly a fractioa of the 700 acres lefr that we assumed would be available for development, when tbe SEMI Area was first created. Suffice it to say, both the City Fathers and the residents of Mittneapolis need to protect the remaining viable sites for the type of development that was originally intended. There aze problems that would be created by the proposed project that are not ptuisely related to flze rezoning, but spring from it. Much of the property in questiott lies just north of the small residential section on Southeast Fourth St. Residents of that azea met with the representatives of the proponent of the changes at a meeting of our Zoning Committee. Their uaanimous position was that Yhey believed that light indusirial use of the pmperty in ques�an would be more beneficiai to their neighborhood than a Iazge student housing project, given the �affic that it would engender both night and day and seven days a week. The proposed project would increase IIaffic on Bedford StreeY Yo University Avenue, which is already a major traffic pmblem. Presumably industzial development wouId be accompanied bq a restructuce of the traffic partern from the SENII area to University Avenue and/or to Highway 280. Therefore, we oppose the proposed JPI student housing deveIopment on the St. Croix Properry and will oppose any rezoning to this pazcel wluch would permit housing on that site in the foreseeable furure. We are not seeking some minor � modifcafions ia lPI's specific proposal. Rather it is our intent to ase whatever influence we fiave to stop tius development, because we do not believe it is in the best interest of our neighborhood or in the best interest of the City. 8/OS D (� -�12- • ZONING COMMITTEE STAFF REPORT 1. FILE NAME: St. Croix Partners LLC FILE # 06-006-090 2. APPLICANT: St. Cro+x Partners LLC HEARING DATE: February 16, 2006 3. 7"YPE OF APPLICATION: Rezoning 4. LOCATION: 2669 Tersitoria4 Road, NW corner at Berry St. 5. PIN 8� LEGAL DESCRIPTION: 292923230041, 292923320001, EUSTIS' ADDITION TO ST. ANTHONY PARK, RAMSEY CO, MINN. VAC STS ACCRUING & BLK 3; EX PART OF SD BLK 3 DESC AS BEG QN WL OF & 2.02 FT N OF SW COR LOT 12 SLK 3 TH NLY AT ANGLE O� 8 DEG 30 MIN TO RIGHT FOR 160.28 FT TH WLY 23.98 FT TO PT ON SD WL 162.06 FT N; EUSTfS` ADDiT10N TO ST. ANTHONY PARK, RAMSEY CO, MINN. BEG ON W L OF AND 2 02/100 FT N OF SW COR OF LOT 12 TH NLYATANGLE OF 8 DEG 30 MIN TO R OF SD L 160 28/100 FT TH WLY 23 98/100 FT TO PT ON SD W L 162 06l100 FT N OF BEG TN S TO BEG BEING PART OF LOTS 1 AND LOT 12 BLK 3 6. PLANNING DISTRICT: 12 7. ZONfNG GODE REFEI2ENCE: §66.300; §61.801(b PRESENT ZONING: 11 8. STAFF REPORT DATE: February 7, 2006 BY: Patricia James 9. DATE RECEIVEQ: January 6, 2006 60-DAY DEADLINE FOR ACTIO March 14, 2006 A. PURPOSE: Rezoning from (11) Lighf Industria! to TN3} Traditional Neighborhood B. C, D. r PARCEL SIZE: Irregular parcei, with 33 ft. of fronfage on Territorial Road/Berry St. and 187,308 sq. ft. (4.3 acres) of lot area EXISTING LAND USE: vacant, parking lot SURROUNDING LAND USE: North: University of Minnesota transitway, industriaf (11) , East: South: West: Westgate Industrial Park (11) KST? broadcasting (11) Vacant land (City of Minneapolis) E. ZONING CODE CITATION: §66.300 addresses intent, uses permitted, and development standards in the TN3 district; §61.801(b) provides for changes to the zoning of property initiated by the property owner. F. HISTORYlDtSCUSSIQN: This property is part of the former Schnitzer industriat site, which included property in Minneapofis as weli as Saint Paul. It was acquired by the University ofi Minnesota, who oversaw remediation of the extensive pollution on the site. The cleanup was funded by the original polluters, state grants, and tax increment `paygo' notes. The City of Minneapolis has gaid off its note; Saint Pau('s note has a balance of approximately $800,000. The entire site (both Saint Paul and Minneapolis portions) was sold to St. Croix Partners (Hvbbard Broadcasting} for their USSB faciiity. A minimum of $3,150,000 in pubfic benefits was anticipated. l'he state grant request projected that $18 miliion of new tax base would be generated when all development phases were compiete. However, Hubbard soid its USSB operation, and the pianned expansion did not occur, The owner has been marketing the site since 1999. At some point, Territorial Road was vacated between Berry St. and the city limits, which sign'rficantly fimits access to the site. A Zoning Adminisfrator decision that the student-oriented housing proposed by JPI, purchasers of fhe Saint Paul portion of the sife, is a use simitar to a rooming house was appealed to the Board of Zoning Appeals (File # 05-207-033). The BZA found that the Zoning Administrator erred, and the use was more similar to an apartment building. The District 12 Community Council appealed the • BZA decision to the City Council (Fiie # 06-006-936). After a public hearing on February 1, 2006, the City Councif Iaid this matter over, and it has not yet been resolved. if the Zoning Administrator's opinion that the proposed use should be treated like a rooming house is upheld, a conditiona{ use permit for a rooming hnuse would be required if the property is rezoned to TN3. Zoning File 06-006-090 Zoning Committee Staff Report Page 2 An application for variances of TIV3 standards accompanies this rezoning request (File # 06-013- 967). in addition, there is a site plan review {File # 06-002637) and a preliminary plat {06-006-938) for the proposed development G. DISTRiCT COUNCIL RECOMMENDATION: The District 12 Council recommends deniaf. H. FINDINGS: 2. � � 5. The applicant is proposing to construcf a residenfial devetopment oriented fo coltege studenfs. There wiil be a total of 150 units serving 552 residents, Each unit consists of a common living area and two or four bedrooms, which are teased separately to one or two residents. An individua! rents a bedroom and an undivided portion of the common living area. In add+tion, there are 176 surface parking spaces and 49 garage parking spaces. Bicycie racks and enclosed bicycle sforage are aiso avaiiable. The proposed zoning is consistent and compatible with the broad mix of uses in the area. There is a new, office/warehouse light industrial park devetoped by the Port Authority immediately east and southeast of the site. i'here is an existing residenfial area fo fhe west in Minneapolis. A TN3 higher density residential node is being developed on the south side of University Avenue. The intent of the TN3 district is to provide for higher-density pedestrian- orienfed and transit-oriented mixed use development, for large sites or for smaller sites in an existing mixed-use neighborhood, in proximity to major transif streets and corridors, and additionai choices in housing. The proposed devetopment will improve pedesfrian access from the site to University Avenue by installing a sidewaik along the west side of Berry Street. The developers expect that, based on their experience, a majority of the residents will take one of the buses that run on University Avenue, a transit streeY as defined in the zorting code (§60221), to schoot. The existing zoning does not allow for this use. The applicant has marketed the property to industrial developers since 1999 with no success. According to the application, the or�ly interested,purchasers wiliing to invest an amount consistenf with the expectations of the state c(ean-up grant and tf�e tax increment notes have been residential developers. The proposed rezoning is consistenY with the comprehensive plan. Land Use Plan Policy 5.4.4 offers guidelines for new housing, stating: "Housing sites along major transportation corridors and near commercial centers shou(d meet tfie market demand for townhouses, condominiums, and apartments ° Policy 5.5.2 states: "The City wiil encourage more housing and jobs to locate along high-service bus rouYes. .." This site is near two transportation corridors: University Avenue and the University of Minnesota transitway. This site +s within the University Avenue Corridor. Poticy 6.3.2 states: `New urban housing, offices, retail, and industrial deve(opment should ai( confribute tfirough density and sife design t6 the ridership base far pubiic transporEation on the University Avenue and I-94 bus routes ...." Rezoning this property to TN3 is consistent with this policy. Nousing Pian Poticy 5.1 encourages "the production of 300-400 housing units a year fhan can be sold or rented to smaller households...on sites throughout the city.° Policy 5.4 encourages "a diversifij of building and unit iypes to meet the diversity of the market " The SEMt ptan approved for the adjoining parcei in the City of Minneapolis, catis for commerciat, office, fimited refaif/service, or industrial uses. These uses are also consistent with TN3 zoning. � r I. STAFF RECOMMENDATION: Based on the above findings, staff recommends approval of the � rezoning from 19-Light lndustrial to TN3-Traditionai Neighborhood. � U J �t � � PETiTt�DT140 AMENiD THE 20NiNG CODE � DeparbnentafPlanningandEconomicDevelopment ZoningSection Z400 City SaU Anir« 25 West Faurlk Sbeet SaintPart�MNj5ID2-I634 - (65I) 266-6589 AAPLiCANT PROPERTY LOCATION • , ?roperiyQwner A+_ Crnj Parl T i. C,. Attn" navid ,T�nes AddteSS �d15 TinivaYGit� Avarnia City G{-„ paul St. �_Zip 55114 �ayfime Phone tiSl _6Q�-A'�� Contact Person (if diiferent) T,an�P Nanna Phone 972-"�7�-�914 Address / Locatio s a thP nor+hPast i ntPr�x ; �n of��T _rri �ri a1 LegalDescriQtion SPP A`uhihit A attachPA hPrPtn ROdd and Berry Str< Current Zoning (atfach additiona! sheet if necessaryJ TO THE HONORABLE MAYOR AND CITY COUNCIL: Pursvant to Section 64.40D of the Saint Paui Zoning Ordinance and to Section 462.357(5) of Minnesota Statues, St . C'r�i x Partnarc � r T � owner of 4and proposed for rezoning, hereby petitions you to rezone the above described property from an I-1 zoning district to a mnt-3 zoning district, forthe purpose of: See attached cover letter dated 3anuary 6, 2006, fr�an JPI Development Sesvices, L.P. (atfach additionat sheets if necessary) Atfachments as required: � Site Ptan ❑ Consent Petition Q Af#idavit Subscribed artd swom to before me this �� of Januarv , 20 �6 . �"-�-� `/�-� . �se�, Notary Pub{ic DORf$ M. ��'�{yDRE tJOTAqY PU6LIC - MlNA�SpTA MY CO(ihMISSION EXP1RcS Jqld.31, 2010 ST. CROIX PARTNERu, L.L.C. By: � `V w" Fee Own of Pro erty Title: i{`CQ �t'J�S'CNUk9,..�Z Page'I of� b l� ��2- �. . �.:��, �o�.�, January 6, 2Q06 City of Saint Paul Zoning Staff CITY OF SARQT PAUL Deparhnent of Licensing, Inspections, and Environmental Protection 8 Fourth Street Fast, Suite 2�Q Saint Paui, MN SS 101-104 f2E: JPI Development Services, L.P. App&eation for Rezoning from I-I to ?N-3 Former Schnityer Metals sife 4.27 acres at the northwest intersection nf Territorial Road and Berry Street Dear St. Paul Zoning Staff: JPI Development Services, L.P, is pleased to submit this application for rezoning of the abovementioned 4.27-acre site with the consent of the fee owner, St. Cro'vc Partners, LLC (an affiliate of Hubbard Broadcasting). JPI is proposing aezoning the site from I-i to TN-3 in order to develop a 15�-anmmfit student-oriented multiple-family residentiai deveiopment serveng 552 residents. Overview — Site History • The site is located between Territorial Road (south) and the University Transitway (north) and the Minneapolis-St. Paul city line (west) and Berry Street (east) and totals 4.27 acres in size. This site is the former Schnitzer Metals facility, a formerly heavily golluted Superfund site. St. Crois Par�ers (an affiliate of Hubbazd Broadcasting) originally acquired the properiy for development of offices and studios for United States Satellite Broadcasting in 1997 and cleaned up the land to residential standards, in part with t� increment assistance from the City of St. Paul. Subsequently USSB was acquired in 1999 and St. Croix Partners did not proceed with its planned development. In the six yesrs St. Croix Partners has been marketing the property, the only interested purchasers have been residential developers. Despite its best efforts, St. Croix Partners has been unable to sell the property since it went on the mazket in 1499. Marketing efforts include (1) assembling a team headed by real estate broker Garfield Clazk ihat included mazket researchers, planners, azchitects, and appraisers tm identify potential uses and seek prospecfive purchasers for the site, (2) seeldng proposals tA use the site for the ilniversity Enterprise Laboratories, and (3) entering into a purchase agreement under which McGough Development spent one year trying to develop interest in the property for development of an office park. During that year, McGough Development invested abont $250,000 in architectural plans, marketing materials, and seeking tenants or purchasers for the proposed development, without success. Over the yeazs, St. Croix has had discussions with several local industrial, office and housing developers. The anly parties that have shown interest in the property, other than McGough Development, have been residential developers. Overview - Developer JPI Development Services Inc. is a multiple-family residential developer and has built over $4 billion of . non-student-oriented communities spanning 26 states and over $1 billion of student-oriented communities spanning 19 states. Within the state of Minnesota we built Jefferson at Plymouth (330 units built in 2002) and 3efferson Commons-Minneapolis (164 units builT in 2002). JPI provides two categories of communities orienTed towards either students or non-students, generatly, but never restricted to anv renter t�e. JPI builds its apartment communities to Iong-term institutional investrnent standards estab by ion for Rezoning—JPI DeveZopment Services, L.P. and St. GYoix Partners, L.L.0 (Hubbard Broadcastinp� 6, 2006 Page 1 of 9 out equity partner, GE Capital, as well as the other institutionat investors we serve. V6'e Taetild our communities with the intenY of managing and holding them as assets suitable for conser�ative long-term investors, such as pension funds and real estate uivestment trusts (RETTs). In same cases, we sell oiu completed developments to investors with similar objectives, as we did witli our first st�tcEent-oriented Minnesofa project, Jefferson Commons (now lmown as University Commons). We soId Tfiat project to Evergreen Development. The propeity is now tnanaged by Real Property Systems, a pra�'essional management group that operates similar properkies throughout the counhy. (See www.real rp_ouertvlivine_com). Overview —.d�Pl and Hubbard Relationship In Apri12005, JPI entered into a purchase agreemenY with St. Croix Partners, LI.0 (an affrliate of Hubbard Broadcasting}, for ptschase of the site with the intent to rezone and deveIop the groperry for high-density residential use. Under the purchase agreement, JPI has the righz and obIigation to proceed with fhe application for rezoning. Hubbard Bzoadcasting owns and wilt continue to opermte its television broadcasting business from the properiy immediately south of the site. St. Croix Partners owns the properiy to the west of the site in Mirmeapolis. St. CYoix Par�ers intends to cons�uct a perldng lot on approximately one acre of that property, to replace the paridng lot that is currentIy IocatecE on the site 7PI intends to develop. JPI has t2ie right Yo purchase the Mirmeapolis portion of the St. Crou Pariners properiy at a later date if JPI can sacure approvals and financing for development of that site. St. G�ovc Pariners also owns (and will continue to own) the southem half of the vacated right-of-way of Territorial Road and will provide JPI with easements for access to the site over that portion of vacated Tezritorial Road. St CroiY Partriers will also provide JPI with easements over other portions of the St, Croix Partners property for emergency vehicle access and for maintenance, as shown on the enclosed site plans. �verview —.PFI Proposal Construction and Densiiy. 7PI proposes developing student-oriented rental housing on t�e site. The der.siry and unit mix for the proposed project witt be similar Yo Jefferson Cornmons (Miatneapolis). T'he la�: �ut and design of the project will be tai'Iored to the unique characteristics of the site. "d'he proposed developmenf will contain 250 rental zmits housing 552 residents at a deasity of 35.12 ua�ts per acre. The proposed development wiIi consist of foux-story wood frame construction wittc surface perldng and detached garages. Weis Conshucrion wiII serve as the General Contcactor as they did for 7efferson Commons-Minneapolis. The housing will be a mi7c of 2 and 4 bedroom apaY�cent units, with an average occupancy of 3.68 residents per unit. T'he apartment units aze suites in which each Yenant wiIl lease an individual bedroom and aa undivided portion of the kitchen and living room Most apar�ent uniYs will include a private bath for each resident. Some 4 bedroom units wiII have 2 battsooms faa four residents. Architecture. The proposed development will be arranged in two open courryard sche�s with an additional building facing the University of Minnesota Transitway. The exterior desigs scheme of the proposed improvements borrows from the "Craftsman" style of azchitecture, usulg exposed brackets and extensive detailing of columns and connections. The exterior of the four-story buiid�gs will be primariiy siding, panelized to eagress a sabfle verr�cal naha�e, but also stratified horizontaIly wi2h 4eim and differina siding exposure and colors. The roof wilI be a"weathered wood" azchitecturaI composition shingle. The balconies and patias wili be delineaTed on ffie elevatioa with opposing gables intersectieng the hip roof conditions. Pnblic entry points and vertical circularion wiil be identified by towers cappeci by bracketed hip roofs. Parlrixg. Surface parldng spaces (17� w�l be provided as well as detached garage spaces (49), yieiding an over�ll parking ratio of approximately 1,5 pazldng stalls per aparnnent unit anfl i parking stall for every 2.5 bedrooms or anticipated resident. The pazking requirement for muIfiple-faFr�p residences in a TN-3 district is 1 car per aparnnent, without reference to number of bedrooms or anticig�ated number of residents. The proposed parldng yield transtates to a pazkiag ratio of 41% (parlang stal3s to residents). This ratio Y�as been tested an found suffici in severa similaz p r oj ect s in M in cIuding JPI's � . . Applicatiors for Rezoning —JPI Development Services, L.P. and St Croix Parmers, L.L_C (Hub&vd Broadcas: January 6, 2006 Page 2 b(� ��12- Jefferson Commons-Minneapolis project on Huron Boulevard (now lmown as University Commons). • Our traffic and hznsportation consultant, Biko Associates, has prepared a Traffic Impact Analysis calculating the parking ratio for the site. Biko Associates' TIA is included in this submittal. Amenities. Amenities will be oriented towazd the preferences of the student customer for this location. Common area amenifies will include bicycle storage buildings and outdoor bike racks, a leasing center and clubhouse with computer lab, fitness center, gazne room, and a secured spa azea. Unit amenities will include full fiuniture packages, full latchens, in-unit washers and dryers, free cable and high-speed internet access, free gas heat and water, and free electricity up to the first S 15 per resident. Impact of properry taz Basz The development w11 to4a1 appro�mately $33 million in value and yield approa�mately $45�,000 in annual property tax revenue. Current property tax revenue for the site totals approximately $30,000 annually. � r Rezoning Rationale The site is idenl for transii- and pedestrian-oriented developmenf for students of the (Iniversity of 1Ylinnesota and the several private colleges within S� Paut's University Avenue Corridor. 3PI idenrified the site as an atizactive site for mid- to high-density (40 units per acre) student-oriented residential development because (1) it is located midway beriueen the Minneapolis and St. Yaul campuses of the University of NTinnesota, adjacent to the University of Minnesota Transitway, which provides off- street pedestrian and bicycle access to those campuses, (2) it is one block north of the University Avenue transit corridor, which currently has excellent bus service to the University of Minnesota, Hamline University, Macalester College, St. Thomas University, both downtowns, and everything in betv✓een, and (3) the transit choices will be further improved by light-rail transit in the near future. The locarion along the University ofMinnesota Transitway also holds out the possibiliiy of express iransit service to both University of Minnesota campuses. The site is surraunded by historical residential development and recent residential redevelopment JPI was also attr�acted to the site by the existing residential development azound the site, including the successful residential redevelopment of environmentally contaminated indush land two blocks south (below Universiry Avenue), sandwiched between Trunk Highway 280 and the Minneapolis/St. Paul city line. The $43 million 808 Berry Place Apartments (2671uxury rental units) and $49 million Emerald Gardens Condominiums (212 condos selling for between $2QO,O�Q and $419,000 each) reside atop previously polluted indushial land and still teside adjacent to active indushial users. Both properties aze located 2 blocks south of the site. One block south of the site, the 67-unit Meh�o Lofts Condominiums at University Avenue and Berry Street are selling between $166,000 and $254,000 each; 40% of its unit types are sold out and the project is still being framed out in conshvcrion. On the Minneapolis side of the border, the site is adjacent to a small enclave of historical single family homes, 1960's vintage three story walk-ups, and recently consh townhomes in an isolated portion of the Prospect Park neighborhood. The City of Minneapolis has protected this enclave by closing off4th Street (the Minneapolis extension of Territorial Road) at Malcolm Avenue and thereby closing off an othenuise convenient route for commercial vehicles to the and through the site. JPPs proposed residenrial development on the site will enlarge and reinforce this otherwise isolated residential area. The site is specifzcally suited to rezoning as a TN-3 District Aftet consultation with St. Paul Planning and Economic Development and Zoning sta�; JPI eleeted to request rezoning to TN-3 because it allows for development at the desired density, is consistent with recent rezoning for the residenrial development on the other side of University Avenue, fits the specific intent of the TN-3 zone, pursuant to 66314 which provides the following: The T'N3 tradirional neighhorhood dishict provides for higher-density pedestrian- and transit- orienTed mixed-use development. It is designed for development or redevelopment of land on sites lazge enough to suppo Application for Rezoning — JPI Development Services, L.P. and St. CrozY Parmers, L.L.0 (Hubbard Broadcas8ng} January 6, 2006 Page 3 of 9 (a) A milc of uses, including residential, commercial, civic and open space uses in close proacimity to one another; (b) A mi:c of honsing styles, types and sizes to accommodate households of varying sizes, ages and incomes; {c) A system of interconnected streets and paths that offer multiple routes for rrcotorists, pedeshians and bicyclists, and are connected to existing and future streets; (d) A system of open space resources and amenities; and incorporation of environmentat features into the design of the neighborhood. The TN3 dislrict is also infended for smaller sites in an existing mixed-use neigttborhood center where some of the above elements already e�st, or in an azea identified in the comprehensive plan as a potential "urban village" site. The abbve elements may be found withiaa the T'�" ��?�tiict or adjacent to it; the intent is that all would be present within a reasonable wailang distar.ce. �"he proposed rezoning is consutent with the City of SL Pau1 Comprehensive F'lan. Although the site is currenfly zoned for light industrial development, the rezoning is consistent with the St. P�aul Comprehensive Pian, as follows: 1. Meet New Housfing NTazket Demand JPI Mazket Research l�as quantified an average occupancy of 98% for rentat properhes within this trade area, indicating housing conditions that are not m equilibrium. The Twin Ciries campus continues to attract disproportionately favorable enrollment demand: over the past decade, freshman applications to the Twin Cities campus increased by more than 70 percent while the number of high school graduates in Minnesota increased by only 20 percent. Yet oniy 6,400 students live in University-owraed or University- leased housing {i 3% of total enrollment, 22% of undergraduates), and no new dormitories aze pIanned for the Tcvin Cities Campus. JPI has targeted the remainmg colleges in St. Pavl to mazket to customers for the proposed development, including St, Thomas University 2.4 miles away (approx. 3,200 students residing off-campus), Macalester University 3 miles away (approx. 400 students resic3ing off-campus), and Hamline University. A reseazch paper issued by University UIQITED in December 20Q1, tided "StudenY Housing Opiions in the Midway" corroborates 7PI's identification of an underserved student population in St. Paui: "The student housing shortage in the Twin Cities makes it more di,�cuZt for snrdents to attain a high quality Pesidential ezperience irz close prozzmity to campus at an ajforduble price. fLs studenu become less able fo fznd hozrsing near campus, they turn to locations that are disiand from their coZZege - often less desirable locatioru. The current housing shortage has Ied to a general increase in the cost of all housing, including off-campus renzal housing_ This, in hern, increases the likelihood of overcrowding as studenzs try to keep down their housing costs by bringing ire addfiional roommates. " 2. Neighborhood Traf&c and Parldng Transit-orieated development The tocation midway between the two campuses and the location along University Avenue, which is already the best-served transit comdor in the Twin Cities, makes the site very at�active for studenY-oriented housiag. The Route 16 and Route 50 MetroTransit bus lines stop just one block south of the site on University Avenue at Bedford Street. The buses stop at 10-minute intervals providing a 10-minute ride to the center of the East Bank campus at VJiley Hall. JPPs Nlarket Research surveys iadicated 81% of the respondents were wiAing to walk up to four blocks to catch the Metro bus to campus. 7PI will provide a free fatl semester Metro bus pass ($60 value} as a move-m gift for new residenrs. With this MetroTYansit bas service, a resident at the site can be at the e�nter of the East Bank Campns, door to door, within 20 minntes — faster and mnch less expensive 3�an driving a car and paying to park on-campns. � � . A December 2002 sisvey and analysis of bus ridership conducted by MarketLine Reseaa�ch�', Inc. for University UIVITED ritled "Midway Area Bus STUdy" statistically identified 17% of bns riders in the Applfcarion for Rezoning—JPI Development Services, L.P. and St. Crnix Partners, L.L.0 (Hubbard Broadcasring) January 6,1D06 Page 4 of 9 ��-��2� Midway were taking the bus to school, while 26% of Midway bus riders were talang the bus to the • University of Minnesota Minneapolis campus area. Bicycle and Pedestriun-nriented development The existing bikeway along the University of Minnesota Transitway is also a strong factor in JPI's site selection, and a widely used Transitway crosswalk is located one block east of the si�e at Westgate Drive. JPI will provide secure bicycle storage buildings as wel] as outdoor bike racks. Tlie likely addirion of a light rail station neazby and the potential for a transit connection on the Transitway aze other facTOrs that provide optimal transportation choice for a student- oriented rental development at this site. 3. Growth and Development for the i3niversity Avenue Corridor The proposed develnpment will be the fzrst high-quality shsdent-oriented apartment development in tlee Midway. The developmenYs density, transportarion-oriented design, and optimal location midway between the Minneapolis and St. Paul campuses of the "U" provide optimal conditions for this development rype. JPI is excited to initiate this desired development trend in the Midway, and our Firm's $1 billion of experience in this housing sector spanning 19 states provides a competent track record the City of St. Paul should expect when authorizing such a rezoning to a devetoper. The success of Jefferson Commons-Minneapolis provides precedent for the City to confirm ow competence, locaily. 4. Land Resources:. Under-used Land and Brownfieid Reuse This development opportunity provides economic benefit to the City from currently under-utilized land. The 552 new residents will provide new demand for the desired vibrant retail development along the University Avenue comdor ("retail follows rooftops"). The propeYry's undeveloped state currendy yields approximately $30,000 in property taY revenue; JPT's proposed multifamily development would yield approximately $45�,00� in annual properry tax revenue. Residential zedevelopment of this site will � provide a logical northwazd extension of the successful residenrial redevelopment of the land due south of the site (808 Berry Place, Emerald Gazdens, and Metro Lofts). 5. Specitic Comprehensive PIau Provisions. JPI's high density, transit-oriented proposal serves the following specif c goals and policies of the St. Paul Comprehensive Plan (quoted directly from the plan; italics added): P2an Vision and Themes We envision a future Saint Paul that as the best of its present and past: sh�ong neighborhood communities, a vital downtown area, growing business and industzy, easy, inviting connections among neighborhoods and districts and with our river and natural topography. One of Saint Paul's strengths is its traditional neighborhood fabric, made up of the strong and diverse communities wiThin its bordezs. Our neighborhoods offer housing opportunities that are affordable and amactive to people within a very broad income range. As more and more busiseess and living opportunities become cnncentrated in nei;hborhood business centers and near transit corridors, public transit, bicycles and walkways wilt become more acceptabte means of transportation contributing to an improved envirorament In our vision, downtown Saint Paul is a thriving 24-hour business, cultural and entertainment center, as well as a highly desirable urban residential location. New . business and indushy, well integrated with existing neighborhoods and new housing opportunities, have replaced the polluted land and outdated infrastructure of the Phalen Corridor to the east and tke Great Northem Corridor to the west. University Avenue and West Seventh Street have become attractive corridors with strong business centers, new AppZication for Rezoning — JPI Developmenz Services, L.P, and St. Croix Parmers, L.L.0 (Hubbard Broadcastin� January 6, 2006 Page 5 of 9 residential developments and pedestrian amenities atfractive to transit riders. The Mississippi River Corridor, wlule continuing to accommodate a wide variety of urban � users, offers a vast green refuge at the city's heart, extensive new opportunities for public enj oyment, and an anchor for the park and trail system that shapes the entire city and str�engthens the visibility of its natural setting. General Policy 1. Ten Principles for City Development The following principles, originaIly developed as part of the "Saint Paul on the Mississippi Development Framework," have been established as guiding principles foi genezal developmeni in Saint PauL 1. Evoke a sense of place. With each change, Saini Paul wiA work for a strengthened sense ofpIace that reflects the city's nahua2 beauty and exceptional heritage. 2. Restore and establish the unique urban ecology. Recomiection of ois urban fabric to the Mississippi River that drew the azea's original inbabitanu will promote a balance between urban and natural systems throughout Saint Paul. 3. Invest in the public realm. The public ieatm sets the stage for development and provides the network of connections. We wiIl maintain and enhance tbis investmenx, designing improvements to promote safety and quality with an emphasis on improving the pedestrias environment 4. Broaden the mix of land uses. We witl take advantage of the diversity of activiYy that is recognized as a special advanfage of an otdet city. IZesidence, work and cultural opponunities in clnse proximrty can reduce travei costs and enrich commnnity life. 5. Imprnve connectivity. Improveme� of urban life in Saint Paul will occur by facilitating movemenr, access and coenectios among activities and places. 6. Ensure that buildings support broader city goals. Saint Paul wiR consider each addition to rhe community fabric as an oppordmity w enhance its broader location. 7. Build on e�sting strengths, We will make every effort at city and neighborhood levels Yo recognize and enhance Yhe ireasures we have in our economic, cultural, azchitectutat and naWral heringes. 8. Preserve and enhance heritage resources. Saint Paul will continue to presetve and enhance iu rich legacy of historic resources. 9. Provide a balanced network for movement Pxovisions will be made for movemenY by car, public transportation, bicycle and on foot in a balanced manne� throughnut Saint Paub 10. Foster public safety. We w7I keep pubIic safety at the fore&ont in design and management of the public realm and apply safety criteria in ihe evaluation of any proposed private development �II0T2� PO�1Cj?:�. _ . . - - - Neighborhoods as Urban ViRages. Opponunities to liv� work and shop in ctose praazmity wi71 reinforce xhe arban vi7lage charncteristics of Saint Paul neighborhoods. Improvements and new developments should contabute to a high qnality, visually inviting pedestrian-£riandly envQOnment iand iJse and Housing chapterpolicies suppofi Application for Rezoning — JPI Development Services, L.P. and St. Croix Partners, L.L.0 (Hubbard Broadc¢r1in� January 6 2006 Page 6 of9 � � D �� • Application of urban vil�age principles in neighborhood planning and developmen� � . Recogniuon of the vzriety of physical forms that make for good neighbozhoods in Sainc�l, o Compaable mixed use witfiin single buildin�s and in separate buildings in close pro�m�3g� • Emphasis on pedestriaaes in neigh$mrhood business centers, supported by design guidla3aes for desienated pedsstrian-oriented vfllage centers, o Building and Iandscape desi� that 8efine public areas and suengthen a sense of place� o Diversity of housing type �nd cnst at the neighborhood level, o Attention to sociad and scmnomic f�ctors, along with physicat ptanning and deveZopm�;. and . A baIanced ffansportation system. �ea�erag �'o�icy 7. N1ee4 New Housing Market Aeman¢S. F3ouseholds the clrildren have left, and newei households the� kiaven't yet joaned, represent growing segments of the azea housing market for at least the next decad� Households in tlus market are loolong for alternatives to the single family home with its own yard: townhouses, condominiums and other properties moxe easily maintained or left fox a week of �avel.. Renters make up a portion of this mazket. Housiag Chapter policies include: • • Encourage the prodaaction o,,t 3m0-4D0 housing units a year, primariiy attached za�s. attractive to growireg segments af the regional housing marker most amenable tam�zn neighborhood opportunities. e Promote gond desigw solutions for housing thai meets newer market needs and complements, and is integated well with, e�cisting Saint Paul neighborhoods, des a� nhat use the smaller deveIopment sites crearively and that provide jar housing in miced�rse neighborhond cenaess. . Encourage theprmdasction ofrental housing. . &ncourage innovative development through regulaxory reforms. Gemeral Policy � 6. University Avenue Corridor/Midw�q. Continued investment in the Midway Corridor will support.%i�. strong potenrial for business development as a readily accessible area between the downtowns of Minneapolis and Saint Paui. Universdty Avenue should cnntinue ta be devetoped as both a transit ceasidor and a mixed use business street, servia:g city amd neighborhood needs. The Land Use and Transport�ifln chapters support: • Redevelopment at key sites that aze identified in the I,and Use chaptex, • Higher densities nf homs�holds an�d employment along the corridor that require ana� suppon better transit, • • Redesign and redevelopment xo make the auto-oriented reoional shopping azea comfo�a for pedes�iaus and to enhance store&ont, pedestdan-oriented commercial centeis alou�-t�ce avenue,and Application for Rezoning—JPI Development Services, L.P. and St. Crozx Partners, L.L.0 (lfubbard Broad"c�ngJ .Tanuary 6, 2006 Pag,e7/of9 • Establishmeeat of tlze "central corridor"(of which Unzvershy Avenue is a spine} as the top priority for Yke development oftransi[ways, busrvays and/or LRT, in the region. Geueral Policy 21. Travel and System Management The city needs to encourage fewer and shoner trips and promote alterxatives to single-occu�ant automobr7es Policies to accomplish tfus m the Trausporration chapter include: . Fuli support for an excellent and adequately funded bus system, o In cooperation with other agencies, inveshnent in the infrachucture necessary for 4ansit, caz paols, bilang and walking, • Manavemeiu of land use to rnduce trips and prnmote adternative modes of travel, and • Promotion o,''regional developmeni and inuestments thai support a(ternative iransportatio� modes and reduce trips, including a better balance betweera jobs ¢xd kousing, and reductinn of "sprawi" developmer�t 6. Current I-1 zoning is inconsistent wfitPa 41ae Comprehensive Plan and maaket realities. The site is the best site in the immediate vicinity in St. Paul or Minneapolis for the high density, transit-oriented residential development envisioned by comprehensive plans of both ciiies. No other site within the azea provides the combination of (a) formerly polluted land remediated to residenriat standards, (b) land assembly 2arge enough to accommodate the density, (c) proJCimity to University Avenue trausit, (d) adjacency to the Transitway bicycle path, and (e) proximity to existing and planned retail development at Bedford and University Avenues. Existing and proposed streets do not provide the access required for high density commercial and industrial uses. Under existing conditions, the Transifway separates the site Properiy from over 700 acres of land in St. Paut and the SEMI disfrict in Minneapolis. Minneapolis plans a proposed "Crranary Pazkway" that will run north of #he Transitway (the si#e is south of the Transitway) and then connect to Territorial Road at Westgate Road, one block east of the site. The only access points to the site, currenfly existing and proposed in the plan of both cities, are at Bedford and Fourth in Minneapolis and at Berry Street and Territorial Road in St. Paui. These access points are suitable for the low voliune, dispersed traffic patterns of a residential development, especially a siudent-oriented development in which the residents aze not likely to be using their cazs during rush hours. These access points aze not suitable for indushial truck h�affic or the concentrated, higJi-volume rush hour traffic a high density office facility would generate. The site zs adjacent to ei:isting single fami3y uses that aze more compatible wiflt the resideniial development proposed by 7PL The few historic single family homes and the newer townhouse and walk-up aparhnents along Fourth Street in Minneapolis aze a very small enclave separated from the Prospect Park neighborhood by University Avenue and surrounded by industrial uses. Developing the adjacent site wiffi housing sviIl provide the critical mass necessary to secure the residenrial character of the adjacent snb-neighborhood. • The market has demonstrated that the siTe is not suitable for indushial or commercial development. The site is the former Schxiitzer Iron and Metals and Watkins Trucldng sites, former Superfund sites which the current owners acquired in the Iate 1990's for development of headqvarters for United States Sateliite Broadcasting (LTSSB). The c�urent owners, in cooperation with the Cities of Minneapolis and St. Paul, and the University of Minnesota, cleaned Application for Rezoning —JPI Development Services, L.P: and St. Croix Pardiers, L.L.0 (Hubbard Broadcaszing� January 6, 2006 . Page 8 of 9 s � . �ll J I �� up the tand, which was heavily poliuted, to residential standards. The USSB corporate � headquarters development was not pursued afrer USSB was acquired by DIRECTV. Since 1999, the current owners have been exploring options for the development of the properry. In 2000, Hubbard expended nearly $175,000 researchmg potential uses of the property. The current owners offered the Hubbard Properiy for consideration as a site for the University Enterprise Laboratories in 2003. McGough Development had the property under contract during 2004, at which time McGough Developmeist invested over �250,000 in promoting the properry for development of an office park. ATong the way, the clsrent owners have been approached repeatedly by govemment agencies, non-profit organizauons and other housing developers and have tumed down those requests, znstead focusing witkout success on securing an office or light indushial development opporhuiity. Economic h in those years conh to the difficulty in attracting indushial and commercial tenants to the siTe. Trends that have rendered the site virivally unmazketable for commercial or industrial development may finally, and slowIy, be changing, but with over 700 contiguous acres available north of the Transitway in St. Paul and the adjacent SE1vII district of Minneapolis , inciuding the Minnesota Innovation Center just getting underway, it will be a long time before the site will attract non-residenrial development of any ]dnd, espeeially with the access challenges. The property has been under-urilized, and therefore under-taaced, for the 8 or so years the current owner have held the site, at considerable cost to that owner. CONCLiJSION High density residenrial development of the type JPI proposes ts the more appropriate use of the site for � all of the reasons stated above, including specifically the folIowing: � high density housing in a transit district fl�at will support the e�sting transit system and promote new iransit option � proximity to University of Minnesota and existing commercial development will promote pedestrian and bicycle travel and reduce dependence on automobiles • proximity to exisitng, relafively isolated residenrial devslopment will reinforce planning decisions already in place in Minneapolis. It is with these thoughts and analysis that JPI presents this rezoning proposal to the City of St. Paul. We look forward to worldng with you to realize the highest and best use for this site and thus for the City. If you have any questions or concerns, please con�act JPI at 4lze number below. 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C0�10 }�HAMLINE-MIt?WAY ��T. ANTHQMY T3 MERRIAM PK.-LEXIW�l'ON NAMLINE �ij��/�/y 14..6ROYEL�ND�MACACESTER (J K� 15.HTGNLAND 76:SUMMI7 HIt�I 17. DOWNTO�IN D (� � �� - � • • m �� r : _ , _ --�� k r __ _ �.: x �=`,�.-�� - °� , l_. T - x',,� `" - "-..�,_�� -----„_ 3 .�_ Entrance to Z.F. # 06-006-090 � -... �. =-_ _ � � ;; � : � cµ ' � � �`"'^�--_.. �' �--'�;L � . �. ' �_ -. _- 3_`_:-�� D L� � ��2 • LEONARD STREET AND DEINARD Z j0 SOi3'IA FZFZci SI2tEET SUITE 2j0� M,Z*SNEAPOL15, �SINNESOTA 55402 . 6sa-335'xSOO a�u.ir 6sz-33>-x657 s" • 7anuary 26, 2006 VIA MESSENGER Ms. Patricia James City of St. Paul DeparCment of Planning and Economic Development 1400 City Hall Annex 25 West 4th Street Saint Paul, MN 55102 Ezuc H. Ga.L�Tz 6]2-335-1509 D�cr ERIC.GALATZ�a LEONARD.COM 1Ze: Application for Variance; Extension of Deadline for Review of Appi'acation for Rezoning; Replacement of Lost Check for Rezoning Application Deaz Ms. 7ames: Please accept this letter on behalf of JPI Development Services, L.P., as a request to change the date for hearing of its 7anuary 6, 2006 applications for rezoning, site p1an review and subdivision approval for the proposed multi-family housing development at 2669 Territorial Road from February 2 to February 16, in order to allow the City to review those applications concurrently with the Application for Zoning Variance JPI is submitting with this letter. Accosdingly, JPT is also agreeing that for the purpose "60-day Rule" under iVlinnesota Statutes § 15.99, the effective date for the applications for rezoning, site plan review and subdivision approval are also extended by 14 days. With tYris letter, we also delivering to you an Application for Zoning Variance and a check in the axnount of $2,250.00, which check covers the $250 application fee for the variance and replaces the check we delivered with the January 6 applicarions, which we understand the City misplaced. Very truly yours, LEONARD, STREET AND DEINARD �l—L ric H. • E ao Enclosures 2715267.1 LAW OFFICES IN MINNEAPOLZS, SAINT PAUL� MANRATO� SAINi' CLOVD AND WASI3INGTON� D.C. A PZOfE55i0IIQl ASSOCi¢*10n W W W.LEONARD.COM �� /�- � • � � :� � � 4 � � � � �,G � c � � � � � � 0 � � � y O � fi � � � v v� Se Q �'.t � � C'> `G �� `�^' � � y = v � s -Z ^ `� - cv v c � t�a o -- -_t - s � � � m - s < . �-' � � � y C = < � zc � � � m �� ^ _ g. �- `°- = o- ` � z � � � � j '`s c r �� N m m= T.- y r.=� �`cF„ora Q�a _�am� v � ..� �� 5 V � � X � � '�.. Zj CJ ' m .'�' iD .�1- .�-�- C ° �.a` ` a � o ° �.� -°. � ci =� � _ ..-. =', a m �s � � .^. �j Q - ' o� � �.: < �� ... 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