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06-561Council File # O� — ��o � Green Sheet #� � � �/ ��T / Presented by ORDINANCE SAINT PAUL, MINNESOTA � � i ORDINANCE AMENDING CHAPTER 67 OF THE SAINT PAUL LEGISLATIVE CODE BY 2 ADOPTING C��APTER 67.600 EAST GRAND AVENUE OVERLAY DISTRICT 3 4 WHEREAS, the City Council adopted Resolution 06-166 on February 15, 2006, adopting the summary of 5 the Summit Hill / District 16 Neighborhood Plan as an addendum to the Saint Paul Comprehensive Plan 6 with amendments to the azea plan summary that the Planning Commission adopted on December 2, 2005; 7 and 8 9 WHEREAS, recommendations G3, G10 and P9 in the Summit Hill / District 16 Neighborhood Plan call 10 for TN2 design standards, elimination of the "rule of five" pazking provision, and building size, footprint, 11 and height limits for the east Crrand Avenue commercial conidor as follows: 12 13 1. Limit new buildings to a footprint of 25,000 square feet or less. 14 2. Limit new building total size, above ground, to 75,000 square feet or less, including parking t5 3. Limit building height to three (3) stories, or to thiriy feet (30') for commercial projects and to thirty-six 16 feet (36') for mixed commercial and residential projects, whichever is lower. No additional height will t7 be allowed, even with setbacks. 1s 19 WHEREAS, the City Council, by Resolution 06-166, initiated a zoning study for the east Grand Avenue 20 commercial corridor to consider a zoning overlay district; and 21 22 WHEREAS, the Planning Commission conducted a public hearing on the East Grand Avenue Overlay 23 District on June 2, 2006, where all persons present were afforded an opportunity to testify concerning the 24 proposed overiay district; and 25 26 WHEREAS, the Planning Commission, on June 16, 2006, recommended adoption of the East Grand 27 Avenue Overlay District; and 28 29 WHEREAS, the CiTy Council, having considered the recommendation of the Planning Commission and 30 having conducted a public hearing on the proposed East Grand Avenue Overlay District on July 5, 2006, 31 at which all interested parties were given an opportunity to be heard, does hereby amend the Zoning 32 Ordinance pursuant to the authority granted by and in accordance with the procedures set forth in 33 Minnesota Statutes 462357; NOW THEREFORE, 34 35 THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: 36 37 Section 1. 38 39 The Council of the City of Saint Paul does hereby amend the Saint Paul Zoning Ordinance by adopting 40 Chapter 67, Article VI, 67. 600. EG EAST GRAND AVENUE OVERLAY DISTRICT: 41 � ;c . i. ��G--.��/ 42 Sec. 67.601. Establishment; intent. The EG East Grand Avenue Overlay District is established as shown 43 on the official zoning map accompanying this code to provide design standards and building height, size, 44 and footprint limits, and to reduce the shortage of pazking in the east Grand Avenue area. 45 46 Sec. 67.602. Standards and regulations. 47 48 (a) Design standards. The T'N2 design standards in Sec. 66343 apply. 49 50 (b) Building regulations. 51 (1) The maz�imum building footprint shall be 25,000 square feet. 52 (2) Total building size, above ground, shall be limited to 75,000 squaze feet, including parking. 53 (3) Building height sha11 be limited to three (3) stories and thirty (30) feet for commercial 54 buildings, three (3) stories and thirty-six (36) feet for commercial-residential mixed use 55 buildings, and three (3) stories and forty (40) feet for residential or institutionai buildings. 56 No additional height based on setbacks is allowed. 57 58 59 60 6] 62 63 (c) Parking. The provision in Sec. 63.204 (a) that exempts a change in use to a new use that requires five (5) or fewer spaces more than the existing use from providing the additional spaces shall not apply. Section 2 64 This ordinance shall become effective thirty (30) days from and after its passage, approval and publication. 65 Benanav Bostrom Harris Helgen Adopted by Council: Date � ��n a{L 2� (?^ by Department oE �LJ►tI Form Appr by City Attorney By: != 6✓. /�c.�,�x.--_ G- 2 2-�n c �3 ; 4'; ���. -, a��,' 1 ��i '' �-- �-- , Adoption Certified by Council Secreta� BY: ./� i2 Approve or Date ' � / 1 By: Form Ap r ed b Ma r for Si m'ssion to Council By: Vl.� / ✓� � � Green Sheet Green Sheet Green SheeY Green Sheet Green Sheet Green Sheet � � ��� Contaet Person & Phone: Yarg D�arg 266-8620 MustBeonCaundlAgen 21JUN O6 Contrad Type: OR-0FIDf�ANCE �:�� I Green Sheet NO: 3031114 -, Deoarhnent SentToPerson InitiaYDafe 0 Assign 1 Number 2 Fa Routing 3 Order 4 5 Total � of Signature Pages _(Clip All Lowtions for SignaW re) of the Saint Paul L,egislative Code by adopting Chapter 67.600, East Grand Avenue Overlay District. Recommendatiais: Appm�e (A) a Reject (R): Planning Cammissian CIB Committee Civl Service Comrtrission Personal Service CoMracls Must MswerMe Following Uuestions: 1. Has this persoNfirtn e�er xalced under a cmtract forthis tlepartmeM? Yes No 2. Has this persoNfirtn e�er been a city employee? Yes No 3. Does this persorJfirtn possess a skill rwt namally possessed by any curterR city employce? Yes No Explain all yes answers on separate sheet and altach to green sheet triitiating Problem, issues, Opportunily (Who, Wha4 When, Where, Why} The City Coimcil imtiated a zoning study in February to pmvide desi� guidelines, size and foot print limit, height reslrictions, and revised parking regularions for Grand Avenue from Ayd Mill to Oakland. The ordinance is to implemeat the Summit Hill Plan f Dishict.l6 wluch was adopted by the City Council in February 2006. A draft of the ordinance has been recommended by the Plannin� Commission, after public hearing, for adoption as an amendment to the Saint Paui L,easlative Code AdvarNageslFApproved: This ordinance will provide additional design guidelines, height, size, footprint, and pazking regulations for East Grand Avenue. Disadvarkages IF Approved: None DisadvarAages If NotApproved: Pazking shortage could continue or worsen and Mgger and taller buIldings could be built wtuch could potenrially be inconsiste� with the neighborhood's vision for the avenue. TotalAmountof � Transaction: Funding Source: Financial Information: (Explain) CosURevenue Budgeted: Activily Number: Jurre 23, Z006 5: t 9 PM Page 1 �'�,_.s�/ � U �ii � N 0 �'+ t►3 i � 9 Q N � � 4? > Q 't3 _ �tS �L V +P+ � � W ;�� %�- 5�i city of saint paui planning commission resolution fiie number ��_ date T„ra ,�, ,��� RESOLUTION RECOMMENDING ADOPTION OF EAST GRAND AVENU� OVERLAY D/STR/CT WHEREAS, the City Council is authorized under Minnesota Statutes Section 462.357(5) and Section 61.800 of the Saint Paul Legislative Code to initiate a zoning study for the purpose of amending the Zoning Code; and WHEREAS, the City Council initiated a zoning study for east Grand Avenue on February 15, 2006, for the purpose of considering a zoning overlay district; anc WHEREAS, the Planning Commission held a public hearing on the proposed East Grand Avenue Overlay Districf on June 2, 2006, notice of which was duly given in the Saint Paul Legal Ledger on May 15, 2006 and mailed to the City's Early Notification System; and WHEREAS, the Planning Commission, in accordance with state statues, has determined that: The number of real estate descriptions affected by the amendments renders the obtaining of written consent impractica�. 2. The proposed amendments are related to the overall needs of the community, to existing land use or to plans for future land use, as laid out in the summary of the Summit Hill Plan, which was adopted by the City Council in February 2006. NOW, THEREFORE, BE IT RESOLVED, that the Saint Paul Planning Commission hereby reeommends adoption of the attached East Grand Avenue Overlay Disfrict as recommended by the Neighborhood and Current Planning Committee on June 7, 2006, and directs the Planning Administrator to forward the ordinance and this resolution to the Mayor and City Council for their review and adoption. moved by ,���: seconded by in favor Raa_ n ,�,�,_ o against 0� ���/ CTTY OF SAIN'T PAUL Christopher B. Colemam, Mayor TO: From: Date: Re: DEPARTMENT OF PLANNIN('i & � ECONOM[C DEVELOPMENT To,ry Schertler, Interrm Director `••'•��•'� 25 Wesr Fourth Street Telephone.� 651-2666655 Samt Paazl, M.N 55702 Facsimile.' 657-278-3314 Brian Alton, Chair Members of the Saint Paul Planning Commission Neighborhood and Current Planning Committee June 8, 2006 Public Hearing on Proposed East Grand Avenue Overlay District As you know, the Planning Commission held a public hearing on the proposed East Grand Avenue Overlay District on June 2, 2006. Five people spoke, all of whom were in support of the proposed overlay district. At Che public heazing, a representative from Cha Summit Hill Association said that SHA would meet during the week of June S to discuss buiiding height regulations for buiidings that are entirely residential or institutional. The proposed ordinance did not address bnilding height for such buildings. The Planning Commission left the pubiic record open until June 9, 2006. SHA met on June 5 to discuss building heights. They submitted a letter to the Neighborhood and Current Planning Committee on June 7, proposing that residential and institutional buildings be limited to three stories or 36 feet. In the meantime, PED staff has recommended a height limit of three stories or 40 feet for residential and institutional buildings on east Grand Avenue. Afrer considering all public hearing comments and written remarks, the Neighborhood and Current Planning Committee found the following: 1. The current zoning for most o£the residential parcels is RMZ Multiple-Famiiy Residential, which allows buildings up to 50 feet in height. With today's construction standards, Yhis would allow a 4-story building. The Committee thinks that 4 sCOries aze appropriate for Grand Avenue, given that St. Paul's population is projected to grow significantly in the next 10 years, and most of the growth would occur along existing transit and commercial corridors. 2. However, the Committee understands that the intent of the neighborhood is to limit new buildings to 3 stories. If a height Gmit is desired, the Committee recommends 40 feet for the foliowing reasons: l/� S�/ a. Throughout the city, height limits for multi-family residential zoning are 40 feet (RTI Two-Family, RT2 Townhouse, and RMI Muhi-Family}, 50 feet (RM2 Multi-Family), and no limit (RM3 Multi-Family). The area adjacent to Grand Avenue is largely zoned RTl, RT2, and RM2, with the exception of a few biocks of R4 zoning on Lincoln and some R2 zoning on Summit. If the Ciry is to restrict building heights on Grand Avenue, the height limit should be at least that of the adjacent RTl and RT2 disiricts. It would be out of proportion to require buildings on Crrand Avenue to be shorter than what is permitted on Lincoln and Summit. b. The other a]ternative height timit for a three-story residenrial or institutional building is 36 feet. However, the Committee does not believe that the 4-foot height difference would have any significant impact on the surrounding properties for light and ventilation. Instead, the additional 4 feet could al(ow more interesting architectural treatments atop the buildings, better ceiling height for the living floors, and a first floor that is a few feet above grade to provide more privacy for residents and easier access to underground parking. c. A digita! scan on the area showed that quite a few oFthe historic apartments on Grand Avenue are between 36 and 40 feet in height. The estimated heights are attached. These buildings are a part of the built environment of the avenue and contribute to its character and charm. Making new regulations that make these buildings nonconforming contradicts the Comprehensive Plan's intent to create compact, pedestrian-oriented urban villages, especially along streets with good transit services. d. The required front setback for multi-family residential buildings is 25 feet, which is significanYly higher than that of commercial and mised-use buildings (zero setback). This reduces the impact of residential building heights on the pedestrians, bicycGsts, and cazs on the street. The Neighborhood and Current Planning Committee recommends that the Planning Commission recommend adoption of the East Grand flvenue Overlay District as an amendment to the Zoning Code, with Sec. 67.602 (b)(3) amended to read: (3) Building heighi shad! be limided to three (3) stor3es cmd ahirdy (30) feet for commerclal buildings, three (3J stories mtd thirry-six (36) feet for corn�nercial-residenrial mia�ed use buildings, and three (3) stories and forty (40) feet for residential or institutional buildings. No additional height based on setbacks is allowed. Please feel free to contact PED staff Yang Zhang at Z66-6659 with any questions. AA-ADA-EEO EMPLOYER l��-S�/ Y � 3 � P P P 1� P P OJ < N p� N u'J i` � y N ("1 M M (7 M C} M �O cJ ("l V' Y V N = N � 6 ... � G LS N � O � d � C s 4 0 p y ° z M M c�'� r M r�i r�i � �+ r c+ v a o S � � � N 6 :� Y C � 0 3 � -- N N N N N N N V V N tV N � , � N (V (V CY N N fV N N (V N (V N � � N W � b � � � � 6 'O V a vl N N N t'�y O N O h < �O �O t� E �� � N N (Y N N N N N N N (V (V N � Q � O � N a Q C ,�, �� O O O N f� o� �o rn N M d' t� �o � a C �/1 �O b �D �O �0 �O W h h v] �tJ h � > N N N N N N N N N N N N N v`o S W 9 O L � .m S � y 4 a o o `o 0 3 �, c o � �j `o v al ° � S � � � 9 � � - O � � `O � O 9 Q ` a a 'C � O � j O �p O C O Q Q � � U ,p .� °' � 3 �' p � Q¢ S p �`�' `� a o Z a�i ' ° `o °� � ° a a � `o `o o p o o � � N - �' o $ o > � c c °� a � ' .c u a�i °� c � c °� � °� m` ° fi o p � Q O � 0 4� � � � � p � � c 6) Q j O U -p y O y � U V O U V U U O � T Q J� Z � F- O y O K� N Z N Z N Z N N Cl Q V _ � a o c� — � E o � o � a u- z < a � � � .� Q � � S a - o o a o � m �= a a � a a a p� a a ,� O c � a a ° o `o 0 o a a Q m o o � � a _`o `o C� C9 0. > > (9 (� C9 � w C9 (a o> � y 'J '^ X � N W a uJ P V �N O N � N $� W m 2 O m P m v� v I� � �o t� �o �o �o O_ D� -�� Summit Hill Association District 16 Pla�ning Council 860 Saint Clair Avanue June S, 2006 Saint Pauf, MinneSOta 55105 Telephone 657-222-1222 Sae McCaii; Chair Neighborhaod & Current Platuzing Committee �ept of PED —1400 CHA Yang Zhang, Stafi� I}epf. of PED — I 100 CHA 25 W. 4th SY. St. Paul, MN SSiQ2 I?ear Ms McCall and Ms Zhang, Fax.651-222-7558 www.s umm ith ii Ia ss ociation, b rg e-inail: summiihillC�dvisi.com Tha District 16 Plazuung Council / Sumsriit F3i1] Association Board of buectors met jn special session on June S, 2006 to cpnsider proposed amending lai�guage to the Dasfirict l6 - Grand Avenue Zoning C7verlay Ordinance that was recently discussed at the St. Paul Planning Commission hearing on lune 2, 2006. �t the June 5"' SHA Boazd meeYing, meinbers proposed amending the ordinance to specifically include lang�tage limiting btulding heights of "al1-residential" and "institutional" building on Grand Avenue — since that language was missing from the most cunent draft. xhe SF7A Board voted to apgzove the following amended oidinance to inoluda Janguage limiting all-residentiat and institvtional buildings to a maximum of 36 feat and three storiess The DistticC J 6 Planning Couriel/Summit Hill Association asks titat Sec, 67.602 (b)(3) be amended to zesd: _(3J Buflding height sha�l be limited to three (3} stories,and ihi+'ry (30) feetfor commercial huildtrags, rhree (3) s�ortes and zhirty-szz (36) feetfar commerciat-residentFaT mized use buildin,�s, and three (3) stories and thirty-six (36) feet for residential or insti�utiana! b.uildings. No additiorra! height based on setbaeks is atlowed. TF t�uestions regazding Yhis tetter, please contaGt 7eff Roy, SHA staff at 65I -222-1.222. 16 Planning CounciUSumri�it Hill Association cc: Lacry Soderhoim Councitmember Dave Thune 0� -.�--�� EXETER REALTY COMPANY R-a c�� �. 332 MINNESOTA $TREEr Pr+ONp 651-690-2001 �r'�� J ��\ SUrtEW-1770 Eax 661-690-2003 �� `� SaNrPau�,MN 55707�1329 WEe www.exeterrea�ty.com June 9, 200b City of St. Paul Planning Commission 25 West Fourth Street Saint Paul, MN 55102 Dear Commissioners: I write to provide written testimony regarding the proposed ordinance for East Grand Avenua Overlay District. I am the President of Exeter Realty Company, a property management Firm that manages five retail properties on the east end of Grand Avenue. Those properties are owned by Pioneer Property Pariners, of which I am also an officer. Our company provided written testimony when the ordinance came before the Planning Commission last fall as part of the proposed District 16 Comprehensive Plan, and I also provided orat testimony. We were in favor of most of the recommendations that were approved 6y the Planning Commission and sent to the City Council. However, there are two areas of the District 16 Plan that was ultimately approved by the Counci] that are of paz concern to us as property owners—eliminating the Ruie of Five and the lack of flexibility in the size and footprint limitations for new buildings. As we previously siated in our testimony before the Planning Commission last November, we oppose the elimination of the Rule of Five. As a commercial iandlord, when a tenant leaves, we need to retenant that space and if the use changes, we may ueed a different amount of parking. The Rule of Five he[ps both [andlords and sma11 businesses who want to be on Grand Aventie by making sure that a smal] increase in required parking spaces due to a change in use does not prevent a guod business fi�om opening and prevents quality commercial space from sitting vacant. Councilmember Pat Harris refused to support the District 16 Plan when it came before the Council in January beeause it advocated eliminating the Rule oF Five. He cited several specific smail businesses that have been able to locate on Grand Avenue solely because the Rule of Five exists, inciuding Cafe Latte and Runner's Edge. We recognize that there is a parking shortfall on Grand Avenue. We have proposed building a parking deck behind the Victoria 1A�est Mall and Milton Mall buildings as a way to help bring more parking to Yhe Avenue. We also serve on the Grand Avenue Parking Task Force. We think we can help come up with better ways to improve the parMng situation than by taking away a tool that small businesses have been able to employ to allow them to do business on Grand Avenue. � REAL ESTATE DEVELOPMENT,INVESTMENT & MANAGEMENT d���-�� City of St. Paul Planning Commission June 9, 2006 Page 2 We aze also concerned about the rigidity of the size and footprint limitations on new commercial or mixed-use buildings on Grand Avenue. The Planning Commission's recommendations to the City Council last fall recognized the need for some flexibility, particularly where above-ground pazking is concemed, by recommending that the size limitations be loosened for bui[dings that included above-ground pazking. We would like to see any final ordinance adopt that exception. As developers, we understand the need to build to a scale that is compatibie with the neighborhood. However, there may be uses that wouid i�equire slightly more square footage than the proposed overlay district would allow. We would like to see the ordinance build in a bit more flexibility to allow for creativity in building design and land use. Thaiilc you for the opportunity to provide testimony fo be considered by the Commission. Very riuly yours, �v v���� Robert W. Stolpestad