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07-425Council File # 0 7- y� � Green Sheet # 3038894 ORDINANCE PAUL, MINNESOTA Presented by yo 3 4 5 6 7 8 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 43 44 An ordinance amending Chapter 60 of the Saint Paul Legislative Code pertaining to zoning for the City of Saint Paul and the zoning maps thereof: WHEREAS, Pursuant to Minnesota Statutes §462.357 and §64.400 of the Legisfative Code, duly petitioned to rezone 1172-1180 Arcade St., Parcel Identification Number (PIN) 282922220098, legally described as EASNILLE HEIGHTS LOTS 16, 17, AND LOT 18 BLK 1; 838 Maryland Ave E, Parcel Identification Number (PIN) 282922220195, legally described as EASTVILLE HEIGHTS EX PART TAKEN FOR AVE, LOT 11 BLK 1; and 0 Rose Ave, Parcel Identification Numbers (PIN) 282922220099 and 282922220100, legally described as EASTVILLE HEIGHTS LOT 19 BLK 1, and EASTVILLE HEIGHTS LOT 20 BLK 1 from TN2 (Traditional Neighborhood) and VP (Vehicular Parking) to B2 (Community Business); and WHEREAS, the Zoning Committee of the Planning Commission held a public hearing on March 15, 2007, for the purpose of considering the rezoning petition, and pursuant to §107.03 of the Administrative Code, submitted its recommendation to the Pianning Commission for approval; and WHEREAS, the Planning Commission considered the rezoning petition at its meeting held on March 23, 2007, 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 March 26, 2Q07, 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 18, 2007, 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 6, as incorporated by reference in §60.301 of the Saint Paul Legislative Code, as amended, is hereby further amended as follows: That the property at 838 Maryland Ave E, being more particularly described as: EASTVILLE HEIGHTS EX PART TAKEN FOR AVE; LOT 11 BLK 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Council File # Page 2 of 3 D 7-y� � be and is hereby rezoned from TN2 to 62; That the property at 1172-1180 Arcade St., being more particularly described as EASNILLE HEIGHTS LOTS 16, 17, AND LOT 18 BLK 1 be and is hereby rezoned from TN2 to 62; and That the property at 0 Rose Ave, more particularly described as EASTVILLE HEIGHTS LOT 19 BLK 1, and EASTVfLLE HEIGHTS LOT 20 BLK 1 be and is hereby rezoned from VP to B2. Section 2. This ordinance shall take effect and be in force thirty (30) days from and after its passage, approval and publication. r• ., ....�a''��j �JN 2 � �j� Requested by epartment oT: PI '� c and or omic Develo ment n �— B ' '1 Approve b �.;'� e ' es By: Form Ap roved by City Attorney By: �►^•Y��.• i�i�'�� Adopted by Council: Date: fO� Adoption Certified by Council Secretary By: � Approved by o,' Date: � � �� G � �i� ; � ... .� . . � .. . . e � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � �7 __�......._.._......F .............. ; _.._....____. I PE -e,� �,�.�R-0� � Green Sheet NO: 3038894 Confact Person & Phone: Luis Pereira 266-6597 Must Be on Council Aaen Doc. Type: ORDINANCE ; E-Document Required: Y i Dowment Confact: Wis Perei2 i ConWd Phone: 266-6591 � i VGVGIYIICIII JCII �o�av�� ����un�i✓¢ac E 0 �Rlanniug & Economic Develoomei Luis Pueira ! BS 4- �7 Assign ; 1 PlannmE&EconomicDeveiopmei Cec�eBedor I� Number I 2 'CShAttornev ' CSriAttornev 1�'� s�1 For Routing � 3 i aVOr's OtSce I Mavor/Assis[ant I Order ! y uuncil I Council ( 5 Citv Clerk CYtv Clerk i Total # of Signature Pages � (Clip All Locations for Signature) Adopt ordinance memorializing City Council acfion approving the zezoning from TN2 (Tradirional Neighborhood) and VP (Vehicular Parking) to B2 (Communiry Business) for property at 838 Maryland Ave E, 1172-1180 Arcade St., and 0 Rose Ave, SE corner Maryland and Arcade (ZF#07-022-851). Public hearing held April 18, 2007 itlations: Approve (A) or F Planning Commission CIB Committee Civil Service Commission 1. Has this person/firm ever worked under a contrect for this department? Yes No 2. Has this person/firm ever been a city employee? Yes No 3. Does this personffirm possess a skill not nofmally passessed by any current city employee? Yes No Explain all yes answers on separate sheet and attach to green sheet Initiaiing Problem, Issues, Opportunity (Who, What, When, Where, Why): The application consolidates a number of parcels in order to construct a Walgeens store, and the rezoning will ensure that the entire new parcel has the sazne zoning. The City Council appmved the rezoning on April 18, 2007, after a public hearing. Advantages If Approved: Rezoning ordinance will be adopted per City Council intent. Disadvantages If Approved: None DisadvanWges If Not Approved: City Counci] action will not be completed. Transaction: Funding Source: Financial Information: (Explain) CostlRevenue Budgeted: Activity Number: ° .� ����?� ���� � Q� ? 7 2�06 April 19, 2007 9:30 AM Page 7 ��� 1�u 2oa7 ` - � - .. , ,: _ DEPARTMENT OF PLANNING & � ECONOMIC DEVELOPMENT Cecile Bedor, Dmec�or `��`���� D�- CITY OF SAIN'I' PAUL Chrislopher B Coleman, Mayos March 23, 2007 Ms. Mary Erickson City Council Research Office Room 310 City Hall Saint Paul, Minnesota 55102 Dear Ms. Erickson: 25 Wes7 Fourth Street Samt Paul, MN 55102 Telephone: 65/-266-6700 Facs+mrle. 651-228-3220 I would like to confirm that a public hearing before the City Council is scheduled for Wednesday, April 18, 2007, for the following zoning case. Zoning File Number: File Name: Applicant: Address: Purpose: Previous Action: 07-022-851 Walgreens Ms. Alison Kern 1172-1180 Arcade St., 0 Rose Avenue, and 838 Maryland Ave E, SE corner Maryland and Arcade Rezoning from TN2 (Traditional Neighborhood) and VP (Vehicular Parking) to B2 (Community Business). Zoning Committee Recommendation: Approval, 4-0 -0 , March 15, 2007 Planning Commission Recommendation: Approval, March 23, 2007 I have confirmed this day with Councilmember Bostrom's office. My understanding is that this public hearing request will appear on the agenda for the April 18, 2007, City Council meeting and that you will publish notice of the hearing in the Saint Paul Legal Ledger. Piease call me at 651-266-6591 if you have any questions. Sincerely, ��—� �O�1L'�-re' Luis Pereira City Planner cc: File #: 07-022-851 ApplicanUAppellant: Ms. Allison Kern Paul Dubruiel Wendy Lane Carol Martineau Allan Torstenson NOTICE OF PUBLIG HEAItING The Saint Pavl City�Council will con- duct a public hearing on Wednesday, April 18, 2007 at 5:30 p.m. in the City Council chambers. T7�ird Ftoor, Ciry Hall / Court- house, T5 West Kellogg Boulevazd, St. Paul, MN, to consider the application of Ms. Alison Kem. to rezone pmperty from TN2 (fraditlonal Neighborhood) and VP (Vehicular Pazldn� to B2 (Community Business) at 1172-1180�Arcade Simet, 0 Rose Avenue, and 838 Maryland Avenue East (southeast comer of Marylazid Ave-. nue and Arcade Street). (Zoning F51e 07-022-851) - - Dated: March 26, 20P7 � MARY ERICKSON, - � nss5stanE ctTy Co� 9j �etary —= 91: PADL IEGAL LEDGER =__ 2a�s5io4 AA-ADA-EEO EMPLOYER DEPARTMENT OF PLANNMG & ECONOMIC DEVELOPMENT Cecile Bedor, Direc[or D �Q�� crrY o� sa�v�r pauL, Chrisfopher B. Coleman, Mayor Apri19, 2007 Ms. Marv Erickson City Council Research Q�ce Room 310 City Hall Saint Paul, Minnesota 55102 Re: Zoning File #: 07-022-851 File Name: Walgreens 25 West Fwrth Street Telephane: 651-266-6700 Sain[Pau1,MN55102 Facsimile:651-228-3220 Applicant: Ms. Alison Kern Address: 1172-1180 Arcade St., 0 Rose Ave., and 838 Maryland Ave E, SE corner Maryland and Arcade Purpose: Rezoning from TN2 (Traditional Neighborhood) and VP (Vehicular Parking) to 62 (Community Business) • Citv Council Hearinq: Staff Recommendation: District Council: Apri� 18, 2007 5:30 o.m. CiN Council Chambers Zoning Committee Recommendation: Support: Opposition: Planning Commission Recommendation: Deadline for Action Staff Assigned: Attachments: cc: Zoning File 07-022-851 Applicant: City Council Members District Council: 5 Wendy Lane Larry Soderholm Allan Torstenson • Peter Warner approval District 5 did not make a recommendation by the time of the public hearing approval, vote: 4— 0- 0 0 persons spoke in support and 0 letters were received. 1 person spoke in opposition and 0 letters were received. approval recommended, vote: unanimous April 10, 2007, extended to June 9, 2007 Luis Pereira, 651-266-6591 Planning Commission resolution: Planning Commission minutes, March 23, 2007 Zoning Committee minutes, March 15, 2007 Correspondence received Staff Report packet AA-ADA-EEO EMPLOYER ��-�� city of saint paul � planning commission resolution file number 07-16 date March 23, 2007 b'VHE�EAS, Walgreers, File # 07-022-851, has applied for a Rezcning from TN2 (Traditional Neighborhood) and VP (Vehicufar Parking) to 62 (Community Business) under the provisions of §61.801 of the Saint Paul Legislative Code, on property located at 1172-1180 Arcade St., Parcel IdEntifCetinn Niimher/PINl2g�g22�?l1nqR ion�u„w� ,.��� �neTni 1 C UCIl�LJTo �(,T ,,. � �' i r•••yu�.� $..�� Zi$��v�v��.������VIIiJLVIJ 10� il� AND LOT 18 BLK 1; 838 Maryland Ave E, Parcel Identification Number (PIN) 282922220195, legaliy described as EASTVILLE HEIGHTS EX PART TAKEN FOR AVE, LOT 11 BLK 1; and 0 Rose Ave, Parcel Identification Numbers (PIN) 282922220099 and 282922220100, legally described as EASTVfLLE HEiGHTS LOT 19 BLK 1, and EASNILLE HEIGHTS LOT 20 BLK 1; and WHEREAS, the Zoning Committee ofthe Planning Commission, on March 15, 2007, held a public hearing at which all persons present were given an opportunity to be heard pursuant to said application in accordance with the requireme�ts of §61.303 of the Saint Paul Legislative Code; and WHEREAS, the Saint Paul Planning Commission, based on tne eudence presented to its Zoning Committee at the public hearing as substantia�ly reflected in the minutes, made the foffowing findings of fact: 1. The applicant seeks to rezone these properties from TN2 and VP to B2. This rezoning would allow expansion of the new developmeni one lot eastward on Maryland. The gas station • wouid subsequentiy be removed and replaced with the parking lot for a Walgreens store. In addition, the cument site of the commercial building at 1172-1180 Arcade would be rezoned frem TN2 to B2, along with two lots zoned vehicular parking (VP) ;o the east (along Rose Ave). The commercial building would be removed and repiaced with the Walgreens store and drive-through service lane, the latterto be accessed from Rose Ave, through the lots currently zoned VP. 2. The proposed zoning is consistent with the way this area has deveioped. Though economic conditions have changed since the construction of I-35E, Arcade Street is still a major north- south thoroughfare and US Highway, and until 2003, pmperties along it were predominantly zoned B3 (general commercial business district). In 2003, a 44acre study concluded that TN2 and 62 zoning were more appropriate for Arcade Street. The rezoning to B2 at this site would simply permit the exte�sion of an existing B2 district from the Maryland/Arcade intersection to allow for a destination commer�ial use. 3. The proposed zoning is consistent with the Land Use Chapter of the Comprehensive Plan, which supports compatible mixed uses in separate buildings that are in close proximity in traditional neighborhoods (Objective 5.2.1). The proposed rezoning is aiso consistent with the draft Arcade Street Small Area Plan, which calis for community/destination commercial uses at two major intersections, Maryland/Arcade being one of them. The Arcade Small Area Plan has had a public hearing and has been moved by Morton seconded by in favor Unanimous � against � ��, Zoning File # 07-022-851 Planning Commission Resolution Page 2 of 2 : recommended for adoption bythe Planning Commission; CityCouncil considerafion is pending. The B2 disfrict is intended to serve needs beyond just fhe local area, with uses characterized as generating larger volumes of vehicular and pedestrian tra�c. 4. The proposed zoning is compatible with the surrounding uses, including the e�asfing pha ma�y acress Arcade Street, ±he mixed use bu7di�gs and zoning on the efhe comers of the intersecfion, as well as the adjacent residential area to the east and south ofthe site. NOW, THEREFORE, BE IT RESOLVED, that the Saint Paul Planning Commission, �ecommends to �lfy' C,O:.'rC:�, ±R2±±h° 2 OffOf 3 Ra�nnin� frnm TN� lTrariitipr�gl �Igi�hhnr�lpQLil �nri vP (Vehicular Parking) to B2 (Community Business) ior properties af 9172-9180 Arcade St., 838 Marytand Ave E, and 0 Rose Ave. be approved. s � C � • _ D7-c�� � Saint Paul Planning Commission City Hall Conference Center 15 Kellogg Boulevard West Menute� March 23, 2007 A meeting of the Planning Commission of the City of Saint Paul was held Friday, March 23, 2007, at 830 a.m. in the Conference Center of City Hall. Commissioncrs Mmes. Donnelly-Cohen, Faricy, Lu, McCall, Morton; and Present: Messrs. Alton, Barrera, Bellus, Cudahy, Goodlow, Gordon, Johnson, Kramer, Margu]ies, Mejia, Rosemark, and Spaulding. Commissioners Mmes. * Porter, *Smitten,*Trevino, *Wencl, and Messrs. *Commers, *Dandrea, Absent: *Kong, *Nelson. *Excused • Also Present: Larry Soderholm, Planning Administrator; Patricia James, Lucy Thompson, Merritt Clapp- Smith, Yang Zhang, Luis Pereira, Andrew Jacobson, and Sonja Butler, Department of Planning and Economic Development staff. I. Swearing in of the New Commissio�ers II. III. Three new Saint Paul Planning Commission members--Messrs. Eduardo Barrera, Michael Margulies, and Bob Spaulding--were sworn in by Shari Moore, Ciry Clerk. The new and current Commissioners exchanged introductions. Approval of minutes March 9, 2007 MOTION: Commissioner Cudahay moved approval of the minutes of March 9, 2007. Commissioner Faricy seconded the motion. The motion carried unanimously on a voice vote. Chair's Announcements Chair Alton read a resolution thanking Commissioner Matthew Mejia, whose term is ending. He has served on the Commission since 2001 and has been a faithful member of the Zoning Committee. MOTION: Commissioner Betlus moved approva[ of the resolution honoring Matthew Mejia. Commissioner Morton seconded the motion. The motion carried on a unanimous vote. Chair Alton also reminded the Commissioners to sign-up for the upcoming annual Millard Fillmore Dinner on May 10, 2007. • �-�as �. (Lucy Thompson, 651/266-6578) Dana Badgerow, Minnesota Commissioner of Administration, started off by stating that the State Capitol is a 102-yeaz-old building. She said that for some time they have been planning an interior renovation ofthe Capitol. Last year in the Iegislative session they were given some money to begin a schematic design. 'l hey held a campetition and hireu HGA. 1 hey have be�n hard at work for about a yeaz, putting together a design. Now they are informing the public about this wonderful and innovative design for the Capitol that preserves the history and yet makes the Capitol completely functional for the next 100 years. Michael Bjornberg, Principal Project Manager, HGA, explained their analysis ofthe problems with the building and the design solutions. He showed slides of historical images, data on the deficiencies, and their conceptual design drawings. The primary issues are: aging mechanical systems; energy inefficiency; non-code compliant, heating, venting and air conditioning (air supply is lacking); outdated communications and technology; failure to meet life safety codes; lack of accessibility for handicapped people; outdated security (911 changed everything in public buildings); lack of hearing rooms; and lack of visitor services. Since the mid-1980s, 70 percent of the funds for this building has been for quick emergency fixes. Now it is time to do a major, comprehensive renovation. An informational booklet about the project was handed out. Discussion followed the presentation. MOTION: Commissioner Gordon moved to have the Communications Committee draft a[etter • of supportfor this project. Commissioner Spaulding seconded The motion earried unanimously. C� VII. Zoning Committee OLD BUSINESS # 07 020 936 HiehQrove Community Credit Union — Conditional Use Permit for drive through service for credit union, and vaziance of floor area ratio (.5 FAR required; .27 FAR proposed). 1804 7'� St W, SE comer at Montreal. (Patricia James, 651/266-6639) MOTION Commissioner Gordon moved the Zoning Comminee's recommendation to approve the eonditiona! use permit Commissioner Morton seconded The motion carried unanimously on a voice vote NEW BUSINESS 07-022-851 Walgreens — Rezoning from T'N2 (Traditional Neighborhood) and VP (Vehiculaz Parking) to B2 (Community business). 838 Maryland Avenue East, SE comer Maryland and Arcade. (Luis Pereira, 651/266-6591) MOTTON Comn�issioner Morton moved the Zoning Committee's recommendation to approve the rezoning. The rreotion carried unanimously on a voice vote. • � �a-� � � XII. 01d Business None XIII. New Business None XIV. Adjournment .*.4ee.�; g 2d�c ...ed zt :0:4'� 2.r,:. Recorded and prepared by Sonja Butler, Planning Commission Secretary Planning and Economic Deve]opment Department, City of Saint Paul Respectfully submitted, Larry Soderholm, AICP Planning Administrator Bu[ler\FlemingWlinutesU4arch 23, 2007 Approved (Date) Marilyn PoRer Secretary of the Planning Commission • • PRESENT: EXCUSED: ABSENT: MINUTES OF 7HE ZONING COMMITTEE Thursday, March 15, 2007 - 3:30 p.m. City Councit Chambers, 3rd Floor City Hail and Court House 15 West Kellogg Boulevard Alton, Gordon, Kramer, and Morton Donneily-Cohen and Faricy Johnson and Mejia STAFF: Andrew Jacobson, Patricia James, Luis Pereira, Peter Warner, and Sara Zorn The meeiing was chaire6 by Commissioner iviorion. � 7 Walgreens - 07-022-851 - Rezoning from TN2 (Traditional Neighborhood) and VP (Vehicular Parking) to 62 (Community Business) and Conditional Use Permit for drive-through sales and service for pharmacy, with modification of distance from residential property for service lane and site access, and parking variance (58 spaces required, 42 spaces proposed), 838 Matyland Ave E, SE corner Maryland and Arcade Luis Pereira presented the staff report with a recommendation of approval for the Rezoning. Luis Pereira aiso stated District 5 had not made a recommendation by the time of the hearing, and there were 0 letter(s) in support, and 0 Ietter(s) in opposition. John Kohler, the applicant, stated they agree with the conditions and explained they have 45 parking spaces, � w th a bike rack. He also explained how the parking would work in regards to traffic and pedestrians and how uld enhance the neighborhood. Upon the inquiry of Commissioner Alton, Mr. Kohler stated they understood their signage was not being approved at this time and they would go through the full sign process. No one spoke in support.- Wayne Peterson, 841 Rose Ave., stated he had concerns pertaining to the parking, and traffic through the alley. Mr. Kohler, the applica�t stated the site is a fuil movement location and they don't anticipate people using the alley because of the buffers being installed. The public hearing was closed. Commissioner Richard Kramer moved approvai of the Rezoning. Commissioner Brian Alton seconded the motion. The motion passed by a vote of 4-0-0. Adopted Yeas - 4 Nays - 0 Abstained - 0 Drafted by: Submitted b� Approved by: � � ' � '�°'--� M � L!i Carol Martineau � Luis Pereira Gladys rton Recording Secretary Zoning Section Chair D6PART"MENT OF PLANN[NG & ECONOMICDEVELOPMENT . Cecile Bedor Direc[or 1Nr :ci. � AAl1A CTTY OF SAINT PAUL Chr:slopher B. Co(eman, Mayor Attn: Ms. Ailison Kern 5v S Siziii Si Sie i4ou Minneapolis MN 55402 RE: Zoning File # 07-022-851, Waigreens Dear Ms. Kern: 25 K'eslFourlh S[ree! Saint Pmtl, MN 55102 Q � Telephone: 651-166-6700 Facsimtle: 651-228-3220 On February 9, 2007, you applied to razone property at 1172-1180 Arcade St., 0 Rose Ave., and 838 Maryland Ave E. After a public hearing by the Saint Paul Planning Commission's Zoning Committee on March 15, 2007, the Commission voted to recommend approval of your request on March 23, 2007. The Pianning Commission"s recommenciation is being forwarded to the City Council for their • action. Minnesota Statutes 15.99 requires that all city action on zoning applications be completed within 60 days of the date the application is made, but allows the City to extend this period for an additional 60 days (total of 120 days). in order to accommodate the City Councii public hearing on your rezoning, which is also required by state law, the City of Saint Paul is hereby extending the deadline for action from April 10, 2007 (original 60 day deadline) to June 9, 2007. The City Councif public heari�g on this rezoning has been schedu{ed for April 18, 2007. At this time it appears that City Council action will occur before the extended deadline for action. Please contact me at 651-266-6591 or luis.pereira@ci.stpaul.mn.us if you-have questions. • Sincerefy, �i"'� ���_ Luis Pereira City Pianner cc: File # Q7-022-851 Zoning Administrator License Inspector District 5 Community Council AA-ADA-EEO EMPLOYER O 7-��� ZONING COMMITTEE STAFF REPORT • 1. FILE NAME: Walgreens. FILE #: 07-022-851 • C J 2. APPLICANT: Net Lease Devefopment LLC HEARING DATE: March 15, 2007 3. TYPE OF APPLICATION: Rezoning 4. LOCATfON: 1172-1180 Arcade St., NE corner Rose and Arcade St.; 0 Rose Ave, N side Rose Ave.; and 838 Maryland Ave E, SE corner Maryland and Arcade 5. FIN & LEGAL DESCRiPT{ON: 282922220098, EASTVILLE HEIGHTS LO7S 16, 17, AND LOT 18 BLK 1; 282922220099, EASNILLE HEIGHTS LOT 19 BLK 1 and 282922220100, EASNILLE HEIGHTS LOT 20 BLK 1; and 282922220195, EASNILLE HEIGHTS EX PART TAKEN FOR AVE; LOT 11 BLK 1 c o� n���nui+n�c�-r.�i.r. v. rLr���1Y119V vNif[Il'1. � 7. ZONING CODE REFERENCE: §61.801(b); §66.421 8. STAFF REPORT DATE: March 7, 2007 CJfIJ I IfV(i �I�IVING: TIV2, VP BY: Luis Pereira 9. DATE RECEIVED: February 9, 2007 60-DAY DEADLINE FOR ACTION: April 10, 2007 A. PURPOSE: Rezoning from TN2 (Traditional Neighborhood) and VP (Vehicular Parking) to B2 (Community Business) B. PARCEL SIZE: 1172-1180 Arcade St.: 14,810 sq. ft. (.33 acres); 0 Rose Ave: 9,583 sq. ft. (.22 acres); and 838 Maryland Ave. E: 4,356 sq. ft. (.1 acre) C. EXISTING LAND USE: 1172-1180 Arcade St.: Retail & other commercial uses; 0 Rose Ave: Parking; 0 and 838 Maryland Ave.: Single family detached housing D. SURROUNDING LAND USE: North: Commercial use, across Maryland Ave. (TN2) South: Office use, across E. P.cse (TN2) East: Low density residential (RT1, TN2) West: RetaiUpharmacy use, across Arcade St. (B2) E. ZONING CODE CITATION: §61.801(b) provides for changes to the zoning of property initiated by the property owner; §66.421 lists uses permitted within the 62 zoning district. F. HISTORY/DISCUSSION: City records indicate that the property at 1198 Arcade St. has been commercial at least as far back as 1940, when a permit for a Texaco filling station was granted. In 1960, an auto repair garage at the site was eliminated, and the filling station was remodeled. Likewise, the mixed commercial buiiding at 1172-1180 Arcade street has been in existence since at least 1923, when the City granted it a permit for a"store building." • Until 2003, properties along Arcade Street were predominantly zoned 63 (general commercial business district). Economic changes on the East Side and the construction of I-35E lowered the level of traffic on Arcade and business vitality suffered. In 2003, a 40-acre study concluded that TN2 and B2 zoning were more appropriate for Arcade Street, as the former allowed for greater pedestrian design standards and mixture of uses, and the latter allowed for community businesses serving a larger area. While there is no City record on when the 0 Rose properties were rezoned to vehicular parking district, for use for the commercial property at 1172-1180 Arcade St., it is likely that this zoning was applied with the recognition that no further commercial buildings should encroach into Rose Avenue, predominantly developed residentially. • A companion application (Z.F. #07-022-865) requests a conditionai use permit for a pharmacy drive through service lane and a parking variance, with modifications of two other standards. b'1-'�'a�� G. DISTRICT COUNCIL RECOMMENDATION: District 5 had not provided a writfen recommendation about this application at the time fhis report was wriiten. H. FINDWGS: . 1. The applicant seeks ta rezone these properties from TN2 and VP to 82. This rezoning would allow expansion of the new development one tot eastward on Maryland. The gas station would subsequently be removed and replaced with the parking lot for a Walgreens store. In addition, fhe currenf site of the commercial buitding at 1172-1180 Arcade would be rezoned from TN2 to B2, along with two lots zoned vehicular parking {VP) to the eas, {alo; �g Rose Ave). � he commerciai building wouid b2 removed and replaced with the Walgreens store and drive-through service lane, the latter to be accessed from Rose Ave, through the lots currently zoned VP. 2. The proposed zoning is consistent with the way this area has developed. Though PC4n�mir. r.nnrliti�ns h�ve rhanJerl sin_r.g thg r_.nnctn�r�tinn nf I_��E Arvaria RtrPa4 ic still a major north-south thoroughfare and US Highway, and unti12003, properties along it were predominantly zoned B3 (general commerciai business district). In 2003, a 40-acre study concluded that TN2 and B2 zoning were more appropriate for Arcade Sfreet. Tfie rezoning to B2 at this site would simply permit the extension of an existing B2 district from the MarylandlArcade intersection to allow for a destination commercial use. 3. The proposed zoning is consistent with the Land Use Chapter of the Comprehensive Plan, which supports compatible mixed uses in separate buildings that are in close proximity in traditional neighborhoods (Objective 5.2.1). The proposed rezoning is aiso consistent with the draft Arcade Street Smalf Area Plan, whicfi calts for community/destination commercial uses af two major intersections, MarylandlArcade being one of them. The Arcade Small Area Plan has had a public hearing and has been recommended for adoption by the Planning Commission; City � Council consideration is pending. The B2 district is intended to serve needs beyond just the local area, with uses characterized as generating larger volumes of vehicular and pedestrian traffic. 4. The proposed zoning is compatibie with the surrounding uses, inctuding the existing pharmacy across Arcade Street, the mixed use buildings and zoning on the other two corners of the intersection, as well as the adjacent residential area to the east and south of the site. I. STAFF RECOMMENDATION: Based on the above findings, staff recommends approval of the Rezoning from TiV2 (Traditionat (Veighborhood} (at 1172-1180 Arcade St., and 838 Maryland Ave.), and VP (Vehicular Parking) (at 0 Rose Ave) to B2 (Community Business). � FEB-06-2007 10�47 FROM HITCHCOCK LRW FIRM TO 6123711151 P.03 � 7 -�� • PETIT[ON 70 AMBNp THE ZOHff�G COOE Depa�fnteirt ofl'(om�bfg artd EcoROMic Derdo�finent ZoniRg Seclion 1400 Ciry NallRnnex 25 Wes[ Fnunh Streel , Sa1nt Paul, MN 55102-1634 . . (651) 266-4584 . Property APPLICANT ( � �.'�r tl�n n� � Contact Persan (if PROPER'i'Y LOCATION TO THE HONOF2A8LE MAYOR AND CITY COUNClL: �iFCE1VED ��6 L 1 2�0( Phon � Pursuant to Section 61.800 of tha Sa(nt Paul Zonfng Ordinance and to Section 462.357(Sj of Minnesota 5tatues; SS .� -Y owner p ta 1/ n proposed for rezonine, hsreby paYti�ons you rezone tttv above dsSC�itred propetty irom a l qh�( / l� �-� m��iny d;sirlct io a �� ` . zoning districE, for the purpose of: ���o���✓� ��uS�2%te �� ���z � �Za GS:�� �.l�,rz�iuo d�rz� ��� ,°N o.��a�da�cc��, w��� � ��l��l�e��i I . � � G k �l� a c ����e i s �u�.IU�.f1 �u�tiptu'�� �t���� �a�z � R��' f'ltt� � a��.� kt �-o�r� � ��'� ffo� � ; � �aNt,v f� a � a cc� �� � 2e�c �c ��� a �c � ���.e �� e � � -�U2 r� �a�t �u a�e �z � ss � P�� � ��� �- � � (attach xdd�tion 1�hA s if necacsary} Attachmenis as requlred: ite P�an ❑ Consent Petitton ❑ qf:idavit Subscribed and s to 6efore me Ihis �`�'�— day of " , Zp (j� �, t oi u R1CFi6(FiF7�:. T4�.KA. JF�. - wo7`�ai' Pueue•�viNnf�SorA � Pee � ' -_, ��! ( ,� � F-z/A! 0 qliA! ���� 5�,�,eeE;ueu� �tk fl�ia(/ .Lckl. � page t of � b ��� N -L D F'ebruary 16,.2007 Mr. Paul Dubruiel C;t;� pf St. Pau: Zoning Section Dept. Of Planning & Economic Development 1400 West 4�' Street St. Paul, MN 551 p2. RE: Petition to Amend the Zoning Code to B2 RECEIVED - '�E9. 2 1� 20D7 . Waigreens — SEC of Ivlazyland Ave. & Arcade St., St. Paui, MN Dear Mr, Dubnziel: For your files, enclosedplease find one (1) original Pefifioa to Amend the Zoning Code executed by Marissa Jo Bongiovanni. Should you have any questions or require any additional information, please do not hesitate to contact me at (612) 313-0126. Sincerely, NET LEASE DEVELOPMENT LLC lison F. ern Enc. • • C J NET. LEASE DEVELOPMENT LLC F� Socrrx Sn^r� S�Eg Sut� 1480 • Mu�nasn�oLrs, MN 55402 (622) 313-2500 - FaX (612) 313-OI36 ��-�� PETITIQN TO AMEND TIiE ZONING CODE Depar[menr ojPlanning and Economic Devefopment • Zoning Section 1400 City Ha[f Annex IS Wes! Fourth Slreel Sairs! Paul, MN SSIO2-1634 (651) 266-6589 r� � Properfy Owt�eE� ftrtdtess��' APPLICANT C?fy �� � Contact Persoh (if PROPERTY � ��drPSSI LOCqTION �aqa�� Current 70 7HE HONORABLE MAYOR AND CITY COUNCIL: ��U(sitarttto�,' t�i 61.800 of the Saint Paul Zoning Ordinance and to Section 462.357(5) of Minnesota Statues, '-"'`�- ���fy'z� '':}Q�Q S , of �and proposed for rezoning, heredy petitions you to �rezone the above descri6ed property frorn a__ TjI/ � zoning district fo a a,� zoning district, far the purpose of; �����cu;ti�g ��us�2, ra�. ��e � a l'1c��rcQrr�s �2tr sro,�.e_ „� qC��02��r�cc�. cur�'�- �� a�c��� ���/QGc. �� P�� rs ����.�G�,���u� � �' ��cLL��l�e �a �els �u�' �Gr� �r�crz��e �D�t/�N� pc� Gta ���t � �C� �fi.r��;tl� � �r dDl/� T���2Gr�0��l�1JP-�/Z -� g2 w�{/ �tc.�f �;� �ru �a r'�ua a1l �a �eys (attach additional sheets if necessary) �' `� �"`��� � �r / �. (1 Attachments as required: �ite Pfan ❑ Consent Petifion CI Affidavit Su6scrfbed and sv�om to before me �h,s _ .3J�'� �� of 20�. • � � �:,�w�( � •�-�, I � r - �� � `v_i - . ,��� JEAN 6URGOYNE TITEL� � otarY u ic � �` 3 NOTARY PUBLJC-MINNESOTA �."�..��My ��m. F�cp. �an. 31, 2007 Page 1 of � 1 SAiNT P�VL � AAAA PETITION 7'O AMEND THE ZONING CODE Departnrer�t ofPlanning and Econamic Development ZaxingSecBon I400 Cify Hall Annec 25 West Fourtk Street Saint Paul, MNSSIO2-1634 (651) 266-6589 APPLICANT PROPERTY LOCATION �n= 5 TO 7HE HONORqBLE MAYOR AND CfTY COUNClL: 61.800 of fhe Saint Paul Zoning Ordinance and to Section 462.357{5) of Minnesota Statues, 'rezone the property from a zoning district, for the purpose of: �f/f l'��i i � a��o�. � ��., -I� a,� e e��,f nox ,�� -�o�ir� �"e�'� k�! �c.�n �ou�' � S� �r��1�.�s ;u cc�.�, (� � � na � �f-e. ach addi$onal �eets if necessary) owner o 1 la� � �p for rezoning, he petitions you to ! U(1� zoning district to a k1 Z � ,Prz��v � <l Glt�� P�'cc� _ c/2u - s;�,�e.. �1�� e� ala. rza c.{ ��e �s ple I�IZ '� ��,�iz��� �lzaf� - �1�. �����e � �z��e� � ��a � !r� �aki:�U �z����s �z�i� � � Attachments as required: [�Site Pian ❑ Consent Petition ❑ Affidavit Subscribed and sworn to before me this ,� of 20 BY= dC.� �`�"/1 U( c ��� Fee Owner of Property L_J • otary u ic Page 1 of ren 14��7 FKOM HITCHCOCK LAW FtRM TO 6123130136 P.02 ( ��-�-� ��$� �,' f��A Ffi� IitTCxmc�e taur F�qh � ,��.����v�e ti� af F. �� � APPCIG�j r•, �-� p'R1� � ` L��(U� �_� _w� PQ T� �ONORRg(� ANhKat�,�p �n. D7= ��_ SSIG69i'�t P.ga Xa '�� Yi:J ��»r m Seaeien B�L.tlO� �N��i.; � � , tdT�te9+i�rt1';wtt '�§I LSldthr� � m ��''t�► abovx df�acr$�;�p �+iri►ftlY pf f�Q ��� t62a6i(�.) °f �n.nms�.S#tv � ill5�7{At, Yot ttig ��A�Y �'om • "� ��inC#: "^y'••" '"""�'+r•.r�.FwWrg �� + � •fltieD yP�tl[ii�W7Yto � t#�a�:f �Sfdi4� ��b. if nq�osaztS'Y' 'n � ` �'�� wa r+ztu�+a: td gr� pf}n z7 Cc,,,,ttt A�son 4 aflreayp� ---_ -- ' w ,r i� � ��'y`:.....��� ..'t. {jp •rt-.. .�..�. .. _ ' ..i _'��"'�� •.��� ..:.v� � - .ti; ; 1 , � � � { �'Q.t1 IIf r:... • �� T�TAL P.a2 D7- `��� NL D - • Februazy 8, 2007 City of St. Paul NET LEASE DEVELOPMENT LLC Zoning Section Depc. O� i ia.uuna & Economic Development 1400 West 4�' Street St. Paul, MN 55102 RF� Ao��t:,....._ n�_ . ��.� �� �„cnd fne Zoning l;ode to B2 To Whom It May Concern: VIA MESSENGER Enclosed please find an original, executed Petition to Amend the Zoning Code to B2 for the following properties: Property , 1172 - 1182 St. 1180 Arcade 1180 Arcade � 838 Marylan� �3i] Ray 11 acre 11 acre The Petitions to Amend the Zoning Code from the respective current zoning designations fo a Zoning Classification of `B2" aze for fhe purpose of allowing construction of the proposed WaIg:eer.s d: agstore u, accordance witn the enclosed conceptual site plan. The project site is currently comprised of multiple parcels and three separate zoning designations. Rezoning the above referenced properties to B2 will establish uniform zoning across all parceIs of the project sate, together with a property located at 1198 Arcade Street (vacant Sinclair Oil service station) which is already a B2 zoning designation. Also enclosed please fmd the application fee in the amount of $1,000.0�. Should you have any questions or require any additional information, please do not hesitate to contact me at (612) 313-0126. Sincerely, • NET LEAS DEVELOPMENT LLC Alliso . Kern Enc. Legal Property Owner Current Pazcel Zoning Size �N2 034 acre Arcade � 16,1 Fgrr Sovrx Svcrx ST�eaT, S[nrs 1480 • Ma�rrE.aPo�is, MN 55402 (612) 313-2500 • Fa�c (612) 313-0136 b�' FEB-07-2007 10�03 FROM HITCHCOCK LHIJ FIRM TO 6123711151 P.02i02 • February 7, 2007 Cify of Saint Eaul Deparfinent ofPlanning & Economic bevelopment Zuning Section 14QQ City Hall Annex 25 West Fourtt� Street Saint Paul, MN 55102 RE: Proposed Walgreens — SEC ofMaryland Ave. & Arcade St., St. Paul, MN Applicant / Representative; Net Lease Developmenf LLC Properey located at I 174 Arcade SE., St. Paui, MN (I I72 _ 1182 Arcade} To Wfiom It May Concern: Pleeise accept �his tet[er as cvnfini�atiort lha[ I hereby an[horize Nel Lensu DevelopineiiL LLC to serve as my rcprescntative and thaf Net Lease Developmont LLC has my authorization [o apply for the following in regard to the above referenccd projcct, as necessazy: � P�czoning; � CCiiuluDT18] [iS�. Pe.;u;t, W7i „�odtScaEions; • V ar� ances; • Site Plan approval. Siezecre� i l �� / / : '1.��� G � �� � �i �.� i�I issa To figiovanni, ✓/ �.. IndividuaIlyand as Trustee ofTrust A�reemenf ofSamuel Bongiovanni dated July 15, 1997. � • TOTRL P.62 � � � - .,. 07���5 � z�v. S � � � V) U � � Q `-° o � � �� � � � .J �- �° � F �� z w j WZ U� 6 �Z E Oj. a6 O� =a �wz°w Urn 006�up 1� �� Z"6 o?-��-s-- S� , . e ' , ' i. -.. . � - � ..GITIZEN PA ICIPATI�O D � ` S' v / -�-� ' � � � , � , . _CITTZEN PARFICIVATIOfd P�AA'NING`DISTRICFS;, . ` 1 :SUNRAY = BATTLECREEK�HI6HW006 � � . 2.GREXITER EAST.�IOE . . . . 3.WEST SIDE� : : : - . . _4. QAYTON'.5 BiUFF; : � _� YNE-PHALEN. � -. NORTN END - 7. THOh1AS=.DALE � .. � . :. 8, SUMMIT-UNIVERSITY . . 9:WEST� SEllEhTH : . . l0. COh16. . - .- , . .. 11.HAMLINE-MIDWAY.. . .. .. . _ � . I2..ST. ANfHOhfY, . - -::_._ (� � 13 .MERRIAf�PK.-L�XI�'�TON HAMLiNE �' .°.: .�` --�����QJ " : 14 ..GROYELAND=MACALESTER - . �� ` . . , � - .15.HI�HLAN� ��. ` :,; . . . �. . . . :: ::16:St1MMIT HILG. : . ..:�.. t .,'. � �.::.� .i: _ • .... 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