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98-426Covncil File # U 7 Z 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 i? 18 19 20 21 22 23 Presented By Re£erred To Green Sheet # ��0 RESOLUTION � / CITY OF SAINT PAUL, MINNESOTA Committee: Date PRELIlYIINARY AND FINAL PLAT FOR EMERALD ESTATES WIIEREAS, Kevin Tranm� Construction has submitted the attached preliminary and final plat far a si�een (16) lot single family home subdivision for approval by the Saint Paul City Council; and WHEREAS, the appropriate city departments have reviewed the plat and found it to meet the requirements of Chapter 67 of the Saint Paul Zoning Code; and WIIEREAS, notice of the public heazing before the Saint Paul City Council was duly published in the official newspaper of the city on Apri122, 1998 and notices were mailed to each owner of affected property and properiy situated whoily or partly witlun 350 feet of the subject property; and WHEREAS, a public hearing before the Saint Paul City Council was held on May 6, 1998 at which atl interested parties were heard, the council having considered all of the facts and recommendations concerning the plat; NOW, THEREFORE, BE IT RESOLVED, that the Saint Paul City Council accepts and approves ihe attached preliminary and final plax for Emerald Estates by Kevin Tranun Construction, subject to flie following condition: 1. The final plat allows sixteen (16) lots for sixteen (16) single family homes. Approved by By: YO Adogted by Council: Date �C � Form �oved 6y City Attorney Adoption Certified by Council Se etary B y/y�y n n , ( � FOF �cS' �7�� 7�� GREEN S E IN INITIAVDATE — DEPAFTMENT�IRECT O CRV fAUNCIL CT'ATTORNEY ..1.5' �GITYGLERK BUGGET O(RECtOR� � FIN. R MGi SERVICE O�IR, MAIDR{ORASSISTwv�� ir�f` T'.! —�"_f>"'s.— TOTAL # OP SIGNATURE PAGES I (CUP ALL IOCATIONS FOR SIGNATURE) Adopt resolution to fmalize council action taken pn May 6, 1948, for preliminary and fmal plat approval of Emeraid Estates for a 16 lot single family home subdivision at 895 McKnight Road (west side between William Tell Road and Valley View Place). °`�"�""•"•"•��"�'•°. "'" `�' "' °°'°'"` �°� PERSONAL SERVICE CONiRACTS MUST ANSWER THE FOLLOWING QUESTIONS: _ PLANNING COMMISSION _ CIVIL SERVICE COMMISSION i. Has this personffirm ever worketl unGer a conirect for this department? _CIBCOMMITTEE _ YES �NO .� STA� _ 2. Has this personXirm ever been a city employae? YES NO _ DISTflICTCOURT ._ 3. DO8Si11iS personxirm possess a skil� not nmma�ry possessetl by any currerrt city employee4 SUPPoRTS WHIGH COUNqI O&IEGTNE4 YES NO 1'�V�� Ezplein ell yes enswera on seperate sheet enC etteeh to green sheet WhaL When, Where, WYry): Adopt resolution to finalize council approval of the preliminary and fmal plat for Emerald Estates. Approval is necessary to allow recording of the new plat and to allow individual sales of each lot. iF APPRWED: Subdivision of the properly into 16 lots will allaw the individual sale oP each lot and provide another housing option for buyers. None. 'I`,'i�7 N1A1' 1 1 199� ;�i�Y�E�'S OFFfG� �U39�� $��9u!`C� ��?�P � �.�.�� Applicant could not develop property as intended. Ya I?.: � �• - 1 Y ` � t �� n�'."ffi �' "t x� ��c... ' h �'.�� $ �a ��i63 _ �AY 0� 199$ �� 41 AMOUNT OF TRAN5ACTION $ COST/REVENUE BUDGETED(CIRCLE ONE) YES NO 71LAG SOURCE �GIAI INFORRFATION: (EXPIAIN) DEPARTMENT OF PLANNING & ECONOMIC DEVELOYMENT CITY OF SAIN'f PAUL Narm Colemarz, Mayor April 17, 1998 Ms. Nancy Anderson City Council Research Office Room 310 City Hall Saint Paul, Minnesota 55102 Dear Ms. Anderson: KEVIN TRANIM CONSTRUCTION #98-052 Consider preliminary and final plat approval to allow the property to be subdivided into 16 lots for residential development. : _. / � Telephone: 672-2b66565 Facsimile: 6Z2-228d314 I would like to confirm that a public heazing before the City Council is scheduled for Wednesday May 6, 1998, for the following zoning case: �/i c� : File Number: Purpose: Address: 895 McKnight Road (west side batween William Tell Road and Valley View Place) Divisian of rrmuang 25 West Faurth SYreet Saint Paul, MN55102 Legal Description of Property: Lots 2 Yhrough 7, Block 1; Skyline Overlook My understanding is that this public hearing request wili appear on the agenda for the April 29, 1998 City Council meeting and that you will publish notice of the hearing in the Saint Paul Legal Ledger. Please call me at 266-6582 if you have any questions. Sincerely, Kady D dlez City Planner cc: File #98-052 Paul Dubruiel Pattie Kelly �>.;:, -<�:.c�, _ . - -.�,`�_, �'�� r� 5��v }:1're ,� • r�sr aunt • NOTiCE OF PLtSLiC HEARIIVG The Saint Favl (,7ty Council will conduct a publlc heazing on Wednesday. May 6, 1998 at 5:3Q p.m. in the C[ty CouncIl Cham6ers. Third Floor CiYy FIall-Court House. to consider the application of Aevin 1Yamm ConsWCtlon for a prelinunary and flnal plat to allow� the properry at 895 McKnight Road (west side behveen Wi3liam Tell Road and Vailey V'iew Place) to be subdi�zided into 16 lots for residentlai development. Dated:Aprfl?A.2988 . - - NANCYANDERSON - -- - Assistant Cl'ty Covndl Secretarg � . . fAmi122. 1998) DEPARIMENT OF PLANNING & ECONOMIC DEVELOPMENT Pamelrz Wheelock Director � . . G'ITY OF SAIN"I' PAUL Norm Caleman, Mayot Apri129, 1998 Ms. Nancy Anderson Secretary to the City Council Room 310 City Hall Saint Paul, Mionesota 55102 zs wesr Fo,�.rn sNee� Salrse P¢u2, � 53ZQ2 98-�a� Telephone: 612-266-6565 Facsimile: 612-128-3314 RE: Zoning File #98-052: KEVIN TRAMM CONSTRUCTION Preliminary and Final Plat for Emerald Estates 895 McKnight Road South (west side between William Tell Road and Valley View Place) City Council Heazing: May 6, 1998, 530 p.m. Ciry Council Chambers PiTRPOSE: To considar a praliminary and final plat request by Kevin Tramm Construction to allow the praperty at 895 McKnight Road South to be subdivided into 16 lots for residential development. . Dear Ms. Anderso�: Kavin Tramm Construction has submitted an application for praliminary and final plat approval for subdivision of the properiy at McKnight Road into 161ots. The properry is cuirently vacant and is being prepazed for single family residential development. Attached aze the staff report and preliminary and final plat for your consideratiom This application meets all subdivision requirements and staff recommends appmval of the preliminary and final plat. This item is scheduled to be heazd by the Saint Paul City Council on May 6, 1998. Please call Kady Dadlez of my staff at 266-6582 if you have any questions. Sincerely, � � �� Ken Ford Planning Administrator Attachments cc: CiTy Council members �8-�a� � PLAT STARF RBPORT ________ FILE #98-052 1. APPLICANT: KEVIN TRAMM CONSTRUCTION DATE OF �aT+T�G: Sf6/98 2. LOCATIOPI: 895 MCKNIGHT ROAD SOUTH (west side between Wm. Tell & Valley View) 3. L&GAL DBSCRZPTION: Lots 2 thru 7 Skyline Overlook 4. PRESSN'P ZONI23G: R-1 ZOITING COD& REFERENCE: §67,405 &�67.406 5. STAFF INVESTIGATION AND RSPORT: DATE: 4/27/98 BY: Kady Dadlez ______________________� ________ = � ________== � ==6_______________________________ ____ ° ___________�_===== 0 = A. PvRPOSE: To consider preliminary and final plat approval for Emerald Estates proposed by Kevin Tramm Construction. The plat will create sixteen (16) lots for single family homes. B. SITS & AREA CONDITIONS: The property is approximately 6.9 acres in siae and is vacant, except for Lot 16 which kas a single family home on it. The • property is occupied by scattered trees and vegetation. The site rises from McICnight Road and has gentle slopes with a rolling terrain. The property is surrounded on the north, south, and west by single family homes in an R-1 zoning district. To the east is residential development in the City of Maplewood. C. HISTORY AND BACKGROIIND: The subject property, along with one lot to the north and one 1ot to the south, was platted in 1995 to create eight lots measuring 82 feet wide and 614 £eet deep. The appliaant is proposing to replat six of those lots to create a 16 lot subdivision. D. DISTRSCT COL3NCIL RHCO2RQ8NDATION: The District 1 Community Council voted to suppor� the preliminary and final plat. E. 1. The applioant intends to subdivide a 6.9 acre site into 16 lots £or single family residential development. The applicant owns five of the six lots being subdivided and has a contract to purchase the other lot. The owners of that lot consent to their property being included in the plat. 2he subdivision will consist of two lots with frontage on McKnight Road measuring about S2 feet by 614 feet, with lot areas of more than 40,000 square feet. one of these lots already has a house on it. The remaining lots in the subdivision will have frontage on a new street, Emerald Lane, and consist of lots ranging in size from 10,700 to 18,000 square feet. Zoning File #98-052 Pege Two 2. Section 67.406 0£ the zoning code, Review of Divisions of Land, states that Lhe following findings must be met prior to approval of a subdivision: a. AII tke app2icab2e provisions of the Legislative Code are complied wi tfi. This finding is met. City staff have reviewed the proposed plat and determined that it meets all requirements and standards_of the City: b. The proposed subdivision mi1S not be detrimental to the present and poteatial surrouadiag Iaad uses. This £inding is met. The property will be developed with uses compatible to the surrounding area, which are residential in nature. c. The area surrovndiag the subdivision caa be plaaaed aad developed ia � coordiaatioa aad compatibility with the proposed sabdivision. The area surrounding the subdivision is largely developed for low density residential uses. The proposed plat and future uses are compatible with respect to those Sand uses. • d. The subdivisioa is ta cottformaace with the Compreheasive PZan. � This finding is met. The Land Use Plan calls for residential use and the property is zoned R-1, low density single family residential. The main housing recommendation of the District 1 Plan states, •`The District 1 Community Council recognizes that this is one of the last areas of the city where needed housing can be built. District 1 will work with developers to ensure good development, but will generally oppose rezonings to higher densities." p.ii e. The subdivisiou preserves aad 3ncorporates the site's importaat exisEing natural features, mkenever possible. This finding is caet. Tree preservation and erosion control plans will need to be submitted and approved before permits for grading and road construction can be obtained. Tree preservation wi11 be done in two phases for this subdivision: 1) one preservation plan for grading and road work for the subdivision, and; 2} when houses are built on individual lots a tree preservation plan wiZl be required as needed for each lot. A permit from the Ramsey-Washington Metro Watershed District will also be required to ensure that erosion and sedimentation are adequately controlled during and after construction. ` f, AS1 Iand iateaded for buiSdiag sites eaa be used safely witlxout endangeriag the residents by peril from fZoods, esosion, conEinuousSy hfgh water table, severe soiI conditioas or other meaace. � � .. . Zoning File #98-052 Page Three The land can be safely developed and used for residential purposes as intended without endangering residents. Tree preservation plans and erosion control plans will be required befare permits for grading and street construction can be approved. Tree preservation plans wi11 also be required as needed as each individual lot in the subdivision is developed. . g. The subdivision can be ecoaomicalIy served witlx public facilities aad sezvices. The lots will be served by public facilities and services accessible from McFtnight Road. The applicant will need to obtain an ordinance permit from the city to construct the roadway and utilities. Public Works made the following comments regarding the roadway and utilities: 1) the roadway widths , cul de sac radius, and right-of- way widths are acceptable; 2) crest vertical curve on the roadway shall meet a 30 mile per hour design speed; and 3) storm sewer location will need to be revised. In addition, Public works commented that street lighting and boulevard trees must be installed as part of the project. Since the storm sewer in McECnight Road is owned by Ramsey County, the applicant will need to obtain permission from the county to connect . to it. In addition, the applicant will need to obtain permission from Ramsey County for the Emerald Lane street opening and any driveway openings on to McKnight Road. The proposed utility and grading plans submitted with the plat are incomplete and are not approved as part of the plat. F. 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'""'"",. : �.; . _ ;; __ , : .';.�.-; _"_ . ::.- ,::::.. , `' ; ( `: ; ; :�` _.� _ - � ;� � i CJ y8-ya� SUBDIVISION REViEW APPLICATION � � Department of Ptanning and Economic Aevelopment Zoning Section II00 City Ha11 Annex +�� 25 West Fourth Street 5aint Paul, MN SS102 266-6589 APPLICANT Address �1V1LDf't•CWE12. Cd)t��2.T c�t stMN z; Daytime phone S1� Name of owner (if Contact person (f • •.. - . _ . 'uC��l(A�7E`��r�i�il�!G`� F . . _. _ . - . .. . - �-�. ..� • . . � (attach additiona! sheet if necessary) v� z � W z � � � a � 0 � � U E" Y .� t/� �' ,� W � � 6 Cf a C� � � w Q ^ a L•a (� ` F � �� m � � �. (1 M � O {�.1.{ � � � E p, � U W 2 t S 1-- � ¢ 3 Y < t- ` w J LL O d < d w 6 0 J 4 ¢ F W —�--- I�� l�`dU�� nww o��n ,a,is ��uas� x.3 L� �'I � � N `' � 1 1 � � � J I _-. — O tlii a F- w - 1' �i� � z - W -� � � a � x � � � F �� ' o �, �� -- ;=. �.�s -� I .� N < V i- > � w N s K N � w J N N S O �� t�ii� _ (•�i� .. � �� `�u�a4 x 4y W� „ �9�'.�� u ' �o Yk'm � �� -I- � = � � � -----� i un r��.� ; �„' � i;-� W L�I J U� C � I � ri � � � ' Figq : ll%i^Ti Hl1IL� 8�3i.SQFa rraTt ru. ..+... ..-- "__ uf1t9"t�r� � q{(,'p�ECCL t0 �iC T{7:T6eL`'ayadSsnatPsul ' F& I�s �d Shidey�Y ; F.E:F�a13Estases . i DT: Ap�323, 2998 � � 1 � ziz sova sssms�eese=ai P�4��t!YKe uc�e�iyea5lemyom' �1 / � ! ( -,- sszins .tssvaws�wob3 91=60 es I • � • s.�i�r p,L� � Al1AA INTER—DEPARTMENTe1L MEMO CITY OF SAINT PAUL Narm Coleman, Mayor RogerRyan Zoning Office, 1100 City Hall Annex DEPAR'TMENT OF PUBLIC WORKS Stacy M. Becker, Direcror FROM; linda Dickhu� PW/ Right of �hlay Division, SOQ City Hall Annex DATE: Apri! 8,1998 SUBJ: EMERALd ESTATES Preliminary and final plai The Departmant of Pubiic Works has compieted its review of the above referenced piat, and has the following comments. 1. Due to the plat being a replat of a recently recorded pfat with ties to government corners shown, it is not necessary to show them again, as long as some found monumentation is shown that would control the location of the plat. 2. If on this piat there are nof any found monuments shown from the first plat, then ties to government corners will need to be shown. 3. This plat wiil be subject to review by the Ramsey County Surveyor. 4. The property owneddeveloper wiil need an ordinance permit to construct the roadway and utilities. The following requirements pertain to the ordinance permit. a) The roadway widths, cul-de-sac radius and right-of-way widths are acceptab(e. b} Crest vertical curve on the roadway shall meet a 3D mph design speed. c) Storm sewer location will need fo be revised. 5. SVeet lighfing and boulevard trees must be instalied as parf of fhe project. Caii Ken Tailion at 266-6215 for street lighting standards and specifications. Call Greg Reese at 488-7291, e�. 306 for boulevard tree planting requirements. 6. The storm sewer in McKnight is owned by Ramsey County and wili require their permission for a connection. 7. Permission from Ramsey County Public Works must also be obtained for the Emeraid Lane street opening and any driveway openings onto McKnight Road. LD c: Tom Beach, Dave Ciaypooi, Pete Galiagher, Greg Reese, Paai St.Martin, Ken Taiilon Responsive Servires • Quality Facilities • Employee Pride � - q8-y�� . OFFICE OF LICENSE, INSPECTIONS AND ENVIRONMENTAL PRQTECTION Roberi Kessles, Dvedor SAINT PwUi � AAAA CIlY OF SAINT PAUL 672-266-9090 Norm Co(eman, �Lfayar 612-2b6-9D99 BUILDlNQ INSPECTlONAND DESlG,Y 3J0 SE Pe(er Streef Suite 300 SaintPaul,Minnesota SSID2-1510 • DATE: 4117/98 TO: Kim Tramm 636-5200 FROM: Tom Beach, LIEP RE: Emerald Estates PAGES: �� Telephone: Facsfmi(e: Per our phone call this morning, you wil( need to do a couple of things before permits can be issued for your subdivision. These wi11 not affect the timing for your plat. Watershed You need to send me a copy of a permit for grading from the Ramsey Washington Metro Watershed District. Contact Cliff Aichinger 777-3665. They will be looking primarily at erosion and sediment control. Your plan should have the following information: The location of the silt fenceis already shown. You should add the attached detail. A note must be added to the grading plan stating "Upon completion of storm sewer installation, storm sewer inlets shall be protected from sediment by silt fence, hay bales or equivalent measures. Protection shall remain in place until bituminous areas have been paved and lawn azeas have been established." The attached detail for a rock construction enirance must be added to the plan along with a note stating "A rock construction entrance ta be inscalled and maintained at entrances to existing hard surface roads. Rock entrance shall be no less than 50' in length and as wide as necessary for traffia Use I" to 2" washed roc[c." A note mast be added to the pian shating "Adjacent streets and alley to be swept daily as needed to keep them free of sediment" All disturbed ground IefC inactive for fourteen or more days must be stabi(ized by seeding, sodding, or mulching. Tree preservation This site is in the St. Paut Tree Preservation District. You already have a plan showing existing trees. You need to show which trees will be affected by grading for the subdivision, steps to protect trees to remain and any replacement trees. I have attached a handout on tree preservation plans. We agreed that tree preservaYion would be done itt two phases for this subdivision: You will submit one for the grading and road work for the subdivision and when houses aze built on individual lots a tree preservation plan will be required as needed for each lot. If you have any questions, you can reach me at 2669086 (phone) or 266-9099 (fas). • e.urse.xsa�cErcon�cxivsoo.nis . � From: To: D3te: Subject: Thomas Johnson PEDD. PfiD. rya�pge ~ �,. - 4l1/98 12:21pm Emerald Estates . y s-�a� The plan for the proposed plat is ok. The plan €or the proposed water main is incomglete_ Normally the plan review process for water mains,sewers, street paving etc. is done through public works. Paul St.Martin has been the contact person in Pvblic Works for new street projects. ,� r _ • � � � 3. 4. S. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. SLTNRAY-BATIZECREEK-HIGHWOOD f3AZEL PARK IiADEN-PFiOSPERiTY HILLCREST WES'£ SIDE AAYTON'S BLUFF PAYNE-PFitILEN NORTH END THONIAS-DALE SUMMTT-UI�lIVERSITY WEST SEVENTH COil�IO HAMLTNE-MII?WAY ST. AN'T'FIONY PARK MERRIAM PARK-LEXINGTON �IAMLINE-SNELLING HAMLINE MACALESTER GROVELAND HIGHLAND � SUMMTT HII,L DOWNTOWN ZONING FtLE Q�"� CITTZEN PARTTCIPATTON PZ.ANNING DISTRIGTS ._ ��: ;=� =� }�. __-__— a:_ �---=--- :� •-- ..=–. : — �_._.... =-- q8–�a�� . -- ~ i��_ - . ��, _- __' `��-,_--:�__'____ `�=��„\, . ^ �, � ,�,.��—��`�� ' ' y ,� + _.: - -�; �" �J`?l _. ��.. e_.!.> '�...!; I ��_-�-�� °'��=�-..,�.< , ,-� . . �` ��= ` , -== ", ; `<`�� : fi� �=�� . �._�_=-r'��L-:�.,, �—' _ ��_ : - s' - � �- _ ' . � - .'•-. , ,a ,� .��-_... ��_ � ,_ _.��y� _ � _ . �, '--- ''- '-=;— - — � ,-��_ s s , : , ` fi -� _ — � ..° y...-:m:� - — e Y` �� ` _ t '^" _"'J f 5 f '� ^_--`� > � ' r f �� ( \�� y j"i '] � � � '� � � �. .r�,-�__—_� -�a /: \f/ f � _^_'r.a.v- ^�_ �'. � q � � ` .. �u!: 1 \� F it � �-�l ��, � ..:�� /- .µ� \�_ ._..' . �-: : -- -..-� ' `'�,, '_,,.� �y��J ; � - :�-�-!_ ;"`" i `�, �, �;i �� e� ( 1'� � _ �;�L � - _ � �, ,��1 ' �. . - � f ' 1 ` P_ '�,� �. :� €�:. ��,.. Y � �`' ;1�� \�, \� �' {� �.�-_.I; q �U.: ]:� . � _ '� �.- � :� . .r ��,.i ��,`�'.�l ,'`;�� /' •,% , . .:.lx'�i,' ' ......, +�o. `� 'S'• �'�`"�...,� '-...� r �_\ °'\��C ' '_'_ __ -- ' ! -, �'' t xIF. �-n� \ \� _ ti . ..� t \ =� , 9m 1 ��1�� , t ) �� ,�: i f �. ._ _..� � ' �� _�:� ��:., . _ . . �� : � . _._ . � � . �� _ � � . �., s =� __G,'._. � � � D ��. ,.. , �—// '�.� s h3 , � � � �\ ' . ��'� J , -�/ !.r "• ;` : �'�. ( \ c'":� '��,�� ❑ `.'\��: ' / 1 ' \ . j ts. : y �j r . �. "_. R : . �., K:. � ` )t ' � :' � t—:z. �� 1��: t ` ( \ • > . y' � ' ..r_. _ L, �\%� � ,� � _ ",;".\\ 1 i� �;:.; '� :.- _ � , , � \ : �.. - ,�� e � ' , � Q� . '�;'�n<�,��s:,, �.,� �„ /�� `� .Gao� r ��` S �� f{ ';'� 9 �� ;'� � s zs,� . �tag� c :` `� _ •�, 1. • ��:�� '�, :. �kE-GREEK DISTRICT 1 U. ,�,�—,�—'"' _ � e } � �._ L_— > i.�3 . �� l� IEGEND PURPOSE��i1�ISi0I\ ((.o+�.b►M.td C�*7C��, zoning distcict boundary FIIE # ��"D�Z DATE�! � 70 � subject property � PLNG. DIST_�__ Mqp � yo 0 one famiiy � a-c � hvo family 7d � �-¢ � multiple family • � n � @ r�a es � V �, r . . ~ id�¢ii V .... .S?.`... .�..�.'X ....., .t ...., ...._�.-� . _ .... DEPAR'LMENT OF PLANNING & ECONOMIC DEVELOPMENT Pamela WheeZock Director � n CITY OF SAIN'f PAUL '�' Narm Co7eman, Mayor Aprii 29, 1998 Ms. Nancy Anderson Secretary to the City Council Room 310 City Hall Saint Paul, Minnesota 55102 25 West FounB Streec Sairst P¢u7, M.N 55102 RE: Zoning File #98-027 RICHARD EITEL City Council Hearing: May 6, 1998, 5:30 p.m. City Council Chambers q �� Zelepfione: 672-266-6655 Facsimile: 612-228-3261 Pi TRPnSF.: To consider rezoning property at the southwest corner of Larpenteur Ave. and the Interstate 35-E frontage road (west side of freeway) from R-2 (single-family residential) to B-3 (general business) for the purpose of constructing and operating an auto repair facility. PLANNiNG ('OMMi4STnN RF�OMMFNDATTON: AppROVAL vote: unanimous � 90NING COMMT7"1'�RF,COMMFNn TA TON: ?,ppROVAL vote: 7-0 RTAFR RRC'nMMFNDATTON: t1PpROVAL �T TPPORT: No one spoke. District 6 Planning Council voted to support the rezoning. One letter of support received. nPPOSTTTnN• No one spoke. One letter in opposition received. Dear Ms. Anderson: RICFIARD EITEL submitted a petirion to rezone properry at the southwest corner of Lazpenteur Ave. and the Interstate 35-E frontage road (west side of freeway). The Zoning Committee of the Planning Commission held a public hearing on the proposed rezoning on March 19, 1998. The applicant addressed the committee. At the close of the public hearing, the committee voted 5-2 to recommend approval to rezone to B-2. The Planning Commission discussed the application at its meeting on March 27, 1998, and referred the application back to the Zoning Committee for further discussion. On April 2, 1998, the Zoning Cvmmittee voted 7-Q to recommend appmval of the rezoning. The Planning Commission upheld the Zoning Committee's recommendation for approval on a unanimous vote on April 1Q, 1998. This proposed rezoning is scheduled to be heard by the City Council on May 6, 1998. Please notify me if any member of the City Council wishes to have slides of the site presented at the public hearing. Sincerely, l� .t Donna Drummond Ciry Planner Attachments cc: City Councilmembers �. . r� � city of saint pau! planning comm�ssion resolution file number 98—Z6 �te Apri1 1Q, 1948 �VHEREAS, RICHARD E. EITEL, File f 48-027, has petitioned to reaone the south�vest comer of Larpenteur Avenue and the Interstate 35-E frontage road, a vacant parcel of approximately 1.68 acres, situated between Lacpenkeur Avenue and Wheelock Parkway, from R-2 (single-fami3y residential) to B-3 (general business) for the purpose of constructing and operating an auto repair facility; and WHEREAS, the Zoning Committee of the Planning Commission on March 19 and April 2, 1998, 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 Section 64.400 of the Saint Paul Legislative Code; and ' WHEREAS,'the Saint Paul Planning Commission, based on the evidence presented to its Zoning ,Commiftee at the public hearing as substantially reflected in the minutes, made the following findings of fact: ' 1. . Richard E. Eitel is the contract purchaser of the properry. The State of Minnesota is listed as the •--fee owner, �and Mr. Eitel has been paying Ramsey County, which holds the property in trust for . the state, annual installments toward the purchase of the property. The City Attorney's office has advised that both the State of Minnesota as fee owner, and Ramsey County as trustee, must sign a waiver of any interest in the rezoning, or altematively, Mr. Eitel must pay off the contract. The City Attomey's office recommended that the Zoning Committee consider the petition, with the understanding that these waivers he received by the City or Mr. Eitel complete purchase of the property before final action is taken by the City CaunciL Subsequently, Mr. Eitel indicated that he paid off the contract with the county on March 31, 1998 to become the fee owner of the property. 2. Mr. Eitel intends to construct and operate an automobile repair facility on the northem 90 feet of the property, the portion that fronts on Larpenteur Avenue. He has also stated that he will be acquiring 20 feet of Larpenteur Avenue right-of-way from the state for a total of 110 feet to be developed. kIe intends to sell the remaining property, the southem 195 feet of the 3ot, to the - State of Minnesota to accommodate stormwater runoff from Interstate Highway 35-E. The rezoning petition is requesting that the entire property be rezoned to B-3, including the 20 feet of Larpenteur Avenue right-of-way. The State of Minnesota, as represented by 14fr. Louis K. Robards, Assistant Attomey General, has co-sio ed the rezoning application as fee owner for the 20 feet. His leiter of March 18, 1998, describes the pending purchase by the state of the southem portion of the site, and the reconveyance of the 2Q feet adjacent to Larpenteur Avenue to Mr. Eitel. moved by Field seconded by in favor Unanimous against Zoning File #98-027 Page Two of Resolution 3. The purchase by the State of Minnesota of the southem 145 feet of the lot and the recoaveyance of the 20 feet of Larpenteur Avenue right-of-way to Mr. Eitel from the state will become finalized when the condemnation award is filed in court by the state. Mr. Robards of the StaYe AYtorney General's office has indicated this will occur by April I5, 1998. When that occurs, Mr. Eitel will na longer own the southem portion, therefore it should be removed from Yhe application for rezoning. The state's condemnation action will create a separate lot or parcel. Only the remaining parcel, which Mr. Eitel will own, should be considered for rezoning from R-2 to B-3. 4. Section 60.544 (18) of the Zoning Code permits automobile repair facilities as permitted uses subject to special conditions in the B-3 zoning district. The proposed site has the potential of meeting atl of the required conditions related to minimum lot size, landscaping, indoor repair work, and outside storage. the rezoning is approved by the Ciry Council, a special condition use permit will be required. The planning commission amended its rules of procedure in 1984 (Resolu[ion 84-23) to delegate autharity for the approval of special condition use permits to the pIanning administrator in cases where public hearings have been held in which the commission has recommended, and the city council has approved, a rezoning specifically For a special condition use. The use of the properry for an automobile repair facility must meet all the required conditions relaTed to minimum lot size, Iandscaping, indoor repair work, and outside storage. In addition, the following additional conditions should be required: r1 � a. Only customer vehicles and employee vehicles of the permittee may be parked on the lot. This condirion is intended to prohibit long tenn stocage of vehicles . on the loY. b. All vehicles pazked outdoors on the 1ot shall be completely assembled with no parts missing. Vehicle saIvage is not permitted. � 5. The rezoning is consistent with the comprehensive plan. Goals and objectives of the District 6 Plan include the following: to encourage the development of new housing and businesses (p. 21). In addition, the Economic Development Strategy includes: 1) Objective #6, "ensure sufficient land for future business growth"; Z) Policy #25, "the city's land use plan should provide adequate land for industrial and commercial development and expansion in order to increase the proportion of commerciaUindustrial taac base"; and 3) Policy #29, "the ciry shouid periodically review its zoning regulations and amend them as necessary to keep current with technoIogicai and economic changes affecting the nature of business activity" (pp. 17-18). 6. The rezoning is consistent and compatible with the way the area has developed. Across Larpenteur Avenue to the norfh of the site is a gas station, which is in Maplewood. The freeway frontage road and Interstate 35-E are to the east. The southem edge of the site fronts on Wheelock Parkway, and across Wheelock aze the piayfields for Mississippi Creative Arts Magnet School. To the west of the site are residential uses along Wheelock Parkway and vacant tand zoned residential along Larpenteur Avenue. In addition, there is a si� i6cant amount of traffic in the area. Larpenteur Avenue carries 13,625 vehicles per day; the freeway frontaae road carries 6,82� vehicles per day; Interstate 35-E carries 135,225 vehicles per day; and �Vheelock Parktvay carries 5,000 vehieles per day. Given this level of traffic, residential development of this site seems nnlikely, and rezoning to allow commercial development is compatible �vith the way the area has developed. The rezoning will not have an adverse impact on adjacent properties if appropriate landscaping q 8-�# � • Zoning File #98-027 Page Three and screening is installed on the west side of any development of the property to shield the residential uses there. There will not be any immediately adjacent residentiai uses, however, because the state is also in the process of acquiring the eight platted lots immediately west of the sub}ect praperty (Lots 12 through 19, Dawson's Lake Como and Phelan Avenue Addition). S. The applicant submitted a sufficient petition of two-thirds of the property owners within one hundred (100) feet of the property stating support for the rezoning (three parcels eligible, hvo required, and two signed). NOW, THEREFORE, BE IT RESOLVED, by the Saint Paul Planning Commission that the petition of RICHARD E. EITEL, to rezone properry at the southwest corner of Larpenteur Avenue and the Interstate 35-E frontage road, a vacant parcel of approximately 1.68 acres, situated between Laipenteur Avenue and Wheelock Parkway, more particularly described as Section 19 Township 29 Range 22 subject to Highway part of the west 1/2 of the northeast 1/4 of northeast lf4 north of Wheelock Pkwy in Section 19, Township 29, Range 22, plus an additiona120 feet immediately north of previously described site (e�ctly described in the file), from an R-2 (single-family) zoning classification to a B-3 (general business) zoning classification is consistent with the Comprehensive Plan for the City; however BE IT b'iJRTHER 12ESOLVED, that the Saint Paul Planning Commission does hereby recommend to the Council of the City of Saint Paul that only the northem 110 feet of the property located at the southwest comer of Larpenteur Avenue and the Interstate 35-E frontage road, a vacant parcel of approximately � 26,400 square feet, situated beh�een I.arpenteur Avenue and Wheelock Parkway, be rezoned from R-2 to B-3, gending finalization of the purchase of the southem l85 feet by the State of Minnesota and reconveyance o£the 20 feet of Larpenteur Avenue right-of-way to Mr. Richard Eitel, and receipt of the descriptions of the two separately described properties from the State of Minnesota prior to final City Council approval, in accordance with the information for the rezoning on file with the Saint Paul Department of Planning and Economic Development. q8-ya� � � LJ Saint Paul Planning Commission City Hall Conference Center 15 Kellogg Boulevard West A meeting of the Plannin� Commission of the City of Saint Paul was held Friday, April 10, 1998, at 8:3Q a.m. in the Conference Center of City Hall. Commissioners Present: Commissioners Absent: Mmes. Duarte, Engh, Morton, Nordin, Treichel, and Wencl and Messrs. Field Jr., Gervais, Gordon, Johnson, Kramer, McDonell, Nowlin and Sharpe. Mmes. *Faricy, *Geisser, Maddox and Messrs. *Chavez, *Kong, *Mardell, and *Vaught. *Excused Also Present: Ken Ford, Planning Administrator; 7ean Eirkholz, and Roger Ryan, Department of Planning and Economic Development staff. I. Approval of Minutes of March 27, 1998 MOTiON: Commissioner McDonetl nroved approval of tl:e minutes of March 27, I998; Commissioner Treichel seconded the n:ation whicla carried unanimnusty nn a voice vote. II. Chair's Announcements Chair Morton announced the unexpected resignation of Roger Ryan, who has worked as a City Planner for the City of Saint Paul for 36 years. Chair Morton read a resolution of thanks in his honor. �. Ryan aclrnowledged that he is happy to retire, but will sincerely miss coming to Planning Commission meetings and Zoning Committee meetings; and he will miss working with all its members on the various issues throughout his years with the City. Commissioner Wencl assured Mr. Ryan that he will always be welcome at Zoning Committee meerings. She thanked Mr. Ryan for his work throughout the yeazs. Commissioner Field echoed Commissioner WencPs comments. He added that Mr. Ryan's history and lmowledge of the zoning code will be greatly missed. He asked Mr. Ryan to consider, at some time, being a member of the Planning Commission. MOTICIN: Contmissioner Fietd moved approval of the resolutior:; Commissioner Nordin seconded the motion which carried unanimously on a voice vote. Chair Morton urged members of the Planning Commission to tum in their completed forms that came in the latest packet to Jean, if they have not already done so. III. Planning Administrator's Announcements � Mr. Ford noted that PED staff is very sorry to see Roger Ieave, but are very happy for him and think that his retirement is very well deserved. Mr. Ford announced a retirement dinner for Roger Apri124, 1998, and he encouraged ail members to attend. Mr. Ford reminded Commissioners that at their last meeting they took action to express ttteir opinion on a proposal before the City Councit that would waive fees for distact councils when they fiIe appeals of decisions by the Planning Commission, the Zoning Administrator, or the BZA. He stated that the proposal failed this week at the City Council meeting on a vote of 4- 3. Mr. Ford announced that Mr. Larry Soderholm wiII be stepping in where Roger Ryan has been to help guide the zoning function in PED. That wilI mean some oYher changes for the rest of staff for fmishing the Comprehensive Plan and other tasks. Mr. Ford announced that Mr. Soderholm has just retumed from the annual conference of the American Planning Associarion in Boston and reported that there is a great deal of interest and concern about things that the Planning Commission and planners are talking about here. He asked Lacry to give a brief report at this rime. Mr. Ford informed Commission members that he �vill be leaving now to attend a hearing elsewhere and that Mr. Ryan will be staying in his glace. Commissioner Gordon asked Mr, Ford if the City Council gave a reason with respect to rejecting the fee waiver. Mr. Ford replied that one member expressed that there is no reason district councils shouid be singled out from others who make applicarions for appeal, and that he had not had any conespondence or requests coming from district counciIs supporting the � idea. Others expressed that there was no reason for singling out district councils and if we did singie them out, then who else ought to have some special treahnent. Mr. Soderholm reported on the American Planning Association's Annual Conference, which took place in Boston. He stayed in Brookline, an inner suburb of Boston, and rode the "green LRT Iine" to downtown Boston for his meetings. Ellen Goodman, the Boston Globe columnist, was the kickoff speaker for the opening session. She said that real Americans don't plan, and if they do, they don't admit it. She stated that the values of the American society have emphasized so much individual achievement and individualism that the American society needs to re-balance its values. Planning Commission members and planning staffs have a role to pIay in expressing the collective side of the equation. She reminded the audience, as a chronicler of the Women's Movement, that the Women's Movement started with the ideas that women would be able to advance in careers and have professional lives, and that society needed to recognize the vatue of caretaking roles that women traditionally had played. She went on to say that Americans have been much more successful at making women's careers possible than at changing the values of our society to recognize the importance of cazetaker funcrions and the worth of the commonwealth. Mayor Menino of Boston talked about his favorite projects. One of them is a new comprehensive plan they are starting called "Boston 400." He emphasized that Boston is a walldng city and Larry found out fhat it certainiy is. It's a city of history and m'viced use and beautiful parks. Boston is talking about moving Fenway Stadium or replacing it. Preservationists want to restare it. Mr. Soderholm said he was especially interested in Washington Street in Boston that runs from downtown south to Roxbury, a low income minority _ r. r � community, which Mayor Menino says will be the "Street for the next Century." It is a wide street similaz to University Avenue. Larry brought back copies of their plan. Boston also has extensive public gardens. The city leases land to a central garden organization for 99 years to have permanent public gazdens. The themes of the sessions emphasized "Iiveable communities," "walkable neighborhoods," "higher density housing," and "transit oriented design;" the same issues that we are concemed aboutin Saint Paul are being debated throughoutthe United States. A conference proceedings �vas published that contains resources and people to contact in other cities about related issues. Mr. Soderholm said that he was impressed to leam that the Dallas LRT System, which opened 18 months ago, is a great success. Retail businesses are now snapping up property on the street in downtown Dallas on which the LRT is located. Dallas is also planning village type centers around the LRT stations. Mr. Soderholm mentioned that he also leamed some things about regulating "big bos" development, an issue of concern for the University Avenue Plan. In Fort Collins, Colorado, they require a lot of little things that help mitigate the impact. The "big box" companies are somewhat sensitive to the fact that people generally dislike them. People shop there, but as a part of their community, they dislike the "big box." Wal-Mart is starting a new branch called Smal-Mart, with 4Q,000 square foot stotes that they can locate near and in downtowns. Some of the regulations that were talked about regarding "big boxes" were: 1) allowing no more than 50°10 of their parking to be between the street and the building; 2) making them wrap the parking around behind; 3) not allowing big blank walls (IYs imgortant for public safety and for � aesthetics to have doors in any facade that opens to a public street.); and 4) tiaving some transparent windows along big long walis. Mr. Soderholm promised that he would be putting together a Boston slide show for the staff and talking about some of these things in more detail. Chair Morton noted that Ms. Homans would be passing out invitations for Roger's retirement party, in case some members had not received one in the mail. IV. Zoning Committee ##9�77� Alter Tradina,s'urn., �ration - Gonclude special condition use process for a lazge metal shredder at 801 Bazge Channel Road. (Roger Ryan, 266-6574) Commiss3oner Field stated that there had been an apparent problem with the notification process. Staff recommended and the Committee concurred that this item 6e laid over to April 16, 1998. #{98-3fi Mendnta Homes inc_ - Special condition use permit to allow a cluster development with ten townhomes (five twinhomes) at the southwest quadrant of Lexington and St. Clair Avenue. (Beth Bartz, 266-6580) riQTION: Commissioner Field moved approva[ nf the special condifion use permii to allaw a ctuster devetopment with twelve townhomes (six twinhomes) ai the southwest quadrant of Lexington and SG ClairAvenue with 10 {ten) conditions, which carried unanimously on a voice vote. �-027 Rchard F.it�! - Rezoning of property at the southwest corner of Interstate 35E frontage road between Larpenteur and Wheetock Pa:kway from R-2 to B-3 to alIow constncction and operation of an auto repair facility. (Donna Dtuminond, 266-6556) Commissioner Field stated that there had been some discussion about this at the Zoning Committee because part of this property is being acquired by the State Department of Transportation. Ms. Donna Drummond approached the podium to expiain. She said that the purchase of the southern 2/3 of the property that was appiied for rezoning will be finatiaed by April 15, 1498. When that occurs, the State of Minnesota will have taken ownership of the southern 2/3 of this 1 1/2 acre property, and Mr. Eitel will retain ownership of the northern 1!3 of the property. This northem third is the portion that the Zoning Committee recommended be rezoned. The southem portion would not be re2oned. MOTiniV: Commissioner Field moved approval with coaditions of a request to reZOne ' properly at the southwest corner af Interstate 35E frontage road between Larpenteur and YVheelock Parkway from R-2 to B-3 to allow construction and operation of an auto repair facility, which carried unanimausly on a voice vote. r� LJ #9R-0�5 Profetc_iona niid�g�rvi�ec_ - Special condition use pemut to allow outdoor sales of new and used automobiles and modification of khe lot azea requirement at 1176 Dale Street North. (Donna Drummond, 266-6556) � MnTiON: Commissioner Field moved denial nf the requested special condition use permit to altow outdoor sules of new and used automobiles and modificalion of the lai area requirement at 1176 Dale Streef North ivhich carried unanimousTy an a voice vofe. #9A 051,_,TQrom T a roix and �Vitliam Dunnitan - Rezone property from RT-2 (residenfial) to B-3. (general business) at 365-367 and 371 Smith Avenue North to allow expansion of an existing auto repair and service station. (Beth Bartz, 266-5599) Commissioner Field explained that there was testimony that led the Zoning Committee to vote for a layover of this issue to April 16, 1998. �98-0� M l�vin FI�ard (Knadom Aalll - Sign area variance to allow two idenrifrcation signs (30 square feet permitted; 52 square feet requested; for a variance of 22 square feet) at 678 Aague Avenue. (Jim Zdon, 266-6559). MOTION: Cammissioner Field moved approval with conditzons of the requested sign area variance to allow a single 40 square feet identif:cation sign at 678 Hague Avenue which carried unanimously on a voice vote. Commissioner Fieid read the agenda for April 16, 1998. � 1' � MINUTES OF 7HE ZONING COMMITTEE Thursday, Apri{ 2, 1988 - 3:30 p.m. City Council Chambers, 3rd Floor City Hati and Court House 15 West Keflogg Boulevard 7�� ABSENT: Chavez, Faricy, Field, GordoR, Kramer, Vaught and Wenct Morton (excused} 98-�2� OTHERS Peter Warner, Assistant City Attorney; Beth Bartz, Donna Drummond, Pattie Ketley, PRESENT: Roger Ryan, and Jim Zdon of PED. The meeting was chaired by Commissioner Fieid. Ri�hard Eitel, File 98-027 - Rezoning from R-2 to B-3 to allow construction and operation of an auto repair facility at the southwest corner of Interstate 35-E (frontage road between Larpenteur and Wheefock Parkway). Donna Drummond referred to and expiained a Ietter received from the Attomey GeneraPs Office ot the State of Minnesota confirming that the Department of Transportation is in the process oF acquiring Lots 12 through 19 immediately adjacent to the west of the Eitel property. She said the fatest information she has from the Attorney GeneraPs Office is the condemnation award wili be filed by April '15th, and that the date it is filed is considered the date the State is in ownership of that property. Upon question of Commissioner Kramer, Ms. Drummond stated April '15th is the date the property will be spiit. � At the question of Commissioner Gordon, Ms. Drummond explained if the rezoning is approved, the applicant wil{ have to compiy with a{I guidelines set forth by the 5tate. . Ms. Drummond also referred to and explained a Planning Commission poiicy which allows staff to administratively issue SCl1Ps required for development proposed as part of a rezoning. Upon question ofi Commissioner, Ms. Drummond said tfie original packet included a letter from the Attorney Generai's Office stating there would be a condemnation award filed, and it also identified that portion of the property which will be acquired by the State. She further stated the parcel of land between east of the E+tel property and 135-E wi(1 remain zoned R-3, when there is a City right-of-way the zoning boundary extends to the middfe of the right-of-way, that the State of Minnesota owns the property for the 135-E right-of-way outright, and the frontage road is considered part of the 35-E right-of-way. Upon question of Gommissioner Wenct, Ms. Drummond explained the appiication came in for the entire property because that is what the applicant owned. She said the applicant was purchasing this property from the County, who were holding it as trustee fior the State of Minnesota. She aiso noted Mr. Eftel has paid that contract off, which she confirmed with the County Tax Forfeit Office. Ms. Drummond further stated the property is not yet divided because the condemnation award has not been filed by the State. When it is filed, the State wilf then be the owner of the property and it wili become two separate parceis. Upon question of Commissioner Vaught, Assistant City Attorney Peter Warner explained the petition is to rezone a set piece of property, and tfie Zoning Commission could recommend the City Gouncil consider rezoning to $-3 oniy that portion which the appficant wants to devefop. The remaining parcei of propeRy will more than likely r�ef be held as a drainage basin for the State of Minnesofa. Mr. Warner further stated it is his understanding that the long-term goal of the State is to eventually increase the size of 135-E in width by adding more lanes, which is why the State is progressing farther west to pick up additional property for storing stormwater from 135-E. He also referred to concern that if a new R-3 zoning district is created that an R-3 use wi(t go in that area, and said that is not likely to happen. 2oning Committee Minutes Aprit 2, 1 S98 Richard Eitei (98-027) Page Two Commissioner Kramer asked if tfie applicant would be �equired to repetition in order to rezone a smaller area, and Mr. Wamer said no and that adequate notice has been given to property owners who might be interested in this rezoning. At the question of Commissioner Wencl, Mr. Warner expiained when the government sets out to acquire a property through eminent domain they have to state a public purpose, and the public purpose is to acquire land for drainage. Chair Field said the pubfic hearing was closed on this item at the March 19th meeting, buf the applicant is present and wouid like to speak to the Gommiftee. Commissioner Vaught moved and Commissioner Gordon seconded the motion to reopen fhe publi� hearing, and roll cait was taken. Adopted Yeas - 7 Nays - 0 (The public hearing was reopened) Richard Eitei (4268 Pond View Drive, White Bear Lake, Minnesota}, appeared and presented an aeriai photograph of the property displaying the portion the State wiil be purchasing. At the question of Commissioner Kramer, Mr. Eitel expressed agreement to the rezoning being subject to the parcei heing acquired, of rezoning only the portion of land he will be keeping. IVo one appeared eifher in support or opposition, and the public hearing was closed. Commissioner Gordon moved to approve rezoning of the part of the properfy that the applicant wishes to use for the business, and the motion was seconded by Commissioner Wencl. Commissioner Kramer said it was his understanding that rezonings needed to be approved by zoning Iot and not by a portion of a lot, and Commissioner Vaught expiained by fhe time {his Committee's recommendation is before the City Counci! the lot split shauld have taken piace. At the suggestion of Peter Warner, Commissioner Gordon inctuded in his motion that at the time when the properfy is spfit, tfie legal description, which is required by the State, wiil then become tfie legal descripfion that the City Councit wili act on. This condition to the motion was seconded by Commissioner Wencl. There was no further discussion. Adopted Yeas - 7 Drafted by: Pattie Ke11 Recording Secret ry Nays - 0 Submitted by: C Cvwr� Q jL�+� Donna Drummond NoRhwestTeam Approved by: Litton Fietd Chair � r� L.._� �: _� � Saint Paut PIanning Commission City Hall Conference Center 15 Keilogg Baulevard �Vest A meeting of the Planning Commission of the City of Saint Paul was held Friday, March 27, 1998, at 8:30 a.m. in the Conference Center of City Ha11. Commissioners Mmes. Duarte, Engh, Faricy, Geisser, Maddox, Morton, Treichel and Wencl Present: and Messrs. Field Jr., Gervais, Kong, Kramer, Mardell, McDonell, Nowlin and Vaught. Commissioners Ms. *Nordin and Messrs. *Chavez, *Gordon, *3ohnson, *Sharpe Absent: *Excused L.J Also Present: Ken Ford, Planning Administrator; Jean Birkholz, Donna Drummond, Nancy Frick, Tom Harren, Nancy Homans, Patricia 7ames, Csary Peltier, Roger Ryan, Larry Soderholm, Allan Torstenson and Jim Zdon, Department of Planning and Economic Development staff; and Mike Klassen from the Department of Public Works. I. Approval of Minutes of March 13,1998 1YibTiON: Commissioner Kramer moved approvat of tlae minutes ofMarch 73, I998; Commissioner Field seconded the motio�: which carried unanimously on a voice vate. II. Chair's Announcements Chair Mofton announced that at that moming's Steering Committee the position of quadrant liaison was discussed. Mr. Ford has drafred "Expectations for Neighborhood Liaisons" to be used as a guideline. Chair Morton further announced that the Steering Committee has proposed a resolution that states the Planning Commission opposes the refund of appeal fees to applicants when presented by the community councils, in response to a resolution being presented by Councilmember Coleman which states that community councils would be refunded application fees for appeals. The Planning Commission's rationale for opposing Councilmember Coleman's resolution is that no group should be singled out to have a refund of a fee. Commissioner Kxamer interjected that he thinks iYs a waiver, not a refund. Commissioner Vaught commented that he thinks the issue remains the same. If there are agpeal fees, they should apply to everyone; if there are not appeal fees, that also should apply to everyone. Ae sees no logic for exempting a particular category of appellants from the fee, and he is troubled if appeal fees are selectively applied to particular groups or individuals and not to others. The same rules should apply to everybody. Commissioner Field noted that an individual or group of individuals, who wish to appeal may, rather appealing on their own accord, choose to pursue it through the district council just for the waiving of the fee. He ciearly thinks that it would be bad poticy to select one group for those � fees to be waived. The motiai on the flnor to submit a resolution stating that the Pla�:�:ing Commission npposes the refund or waiving of fees for appeals by communiry councils carried unanimotuly on a voice vote. Chair Morton announced that there will be another meeting of committees at the cIose of the meeting to choose different meeting dates for the Comprehensive Planning Committee and the Neighborhood and Current Planning Committee. III. Planning Administrator's Announcements Mr. Ford reported on his inquiry into the reasoning for the City Council finding enor on the part of the Planning Commission in upholding an apgeal for the Citgo sign at the service station near Snellino Avenue aad I-94. They concluded; 1) the site of the proposed sio does not constitute an unusual condi[ion. The fact that the filling station is located next to the freeway is not so unusual that the extra visibility provided by a higher sign is necessary; and 2) the greater height and greater size of a proposed sign would adverseiy affect adjacent residen[ial properties. Due to the greater height and size of the proposed sign, it's light would cast even more glare on surrounding properties. Copies of that resolution are available from Mr. Ford. Mr. Ford continued that at the last City Council meeting, there was an appeal by the applicant of the Planning Commission's deniai of a speciai condition use permit for an auto specialty store on East 7th Street. That appeal also was upheld by Yhe City Council. They concluded that they could place enough conditions on it, and the sero of autos was a limited part of what was going on there. It is limited to onIy one bay and to a very limited type of service. Most of the store was more like a retail store than an auto servicing. Also before the City Council was the appeal of the Planning Commission's denial of a determination of similar use pennit for the nursery aY the property on Point Doualas Road. That appeal was denied. IV. Zoning Committee #€98-01 t hiontcalm Res�n�e / P�t�tKg?ly (Laid over from March 5, 1993) - Special condition use petmit to allow conversion of residential structure greater than 9,000 sq. ft. As a residence for frail elderly and elderly with dementia/Alzheimers. (Jim Zdon, 26b-6559, Southwest Team) � MO��I2N: Con�missioner {i�encl moved appraval of tfte requesr for a special condition use permit to allow conversion of a residenlia! sirucfure greater than 9,000 sq. ft.,Yo be used as a residenceforfrail elderly a�td eZderly wiHi dementiaUAlyheineers with conditions. �� Commissioner Vaught noted that he voted in opposition at the Zoning Committee but will vote � in approval today. Commissioner Faricy stated that she had also voted in opposition at Zoning Committee but will vote in approval today. She researched the history and decided to change her vote because the tesidence has been vacant for one and a half years and is in disanay. The motion on the floor carried unanimously on a voice vote. #98-�27 Rich�=s1F� - Rezoning to allow construction and operation of an auto repair facility at the southwest comer of Interstate 35E frontage road beriveen Larpenteur and �Vheelock Parkway. (J7onna Drummond, 266-6556, Northwest Team) Commissioner Wencl stated that the south portion will be sold to the state of Minnesota after the rezonin� occurs. The north portion that fronts on Larpenteur wilt be used for auto repair. In 1984 the Planning Commission passed a resolution that stated that rezoned properties that also needed a special condition use pettnit could be decided by staff instead of coming back to the Planning Commission. Commissioner Kramer said that he voted against this at Committee because this property will be divided into two pieces after the rezoning. The remaining piece of B-3 progeriy will belong to the state, so we do not lmow what the ultimate proposed usz of that piece will be. Commissioner Vaught stated that he also voted against it at the committee level and he will vote against it again today if the Flanning Commission will be taking the vote today because it is � spot rezoning. Commissioner Nowlin said that he is also concerned about this case. It concerns him to put a commercial use so near to a school. He is also concerned that the policy of staff making the decision on a special conditaon use permit if a reaoned parce] needed it, may be against state law. He feels that it's very important that a special condition use permit after rezoning, be brought back to the Planning Commission so that the Commission can assure that vegetative treatment is done and that the use is properly buffered, in this case, both from the school and the freeway. L�TnTTO\T: Commissioner Fietd moved that this cttse be laid over and referred back to the Zoning Commiriee for further actian on April Z, 1993. Commissioner Kramer seconded the motion which carried unanimously on a voice vole. #9ft-D'i4 Victoria F7Q_�k - Nonconforming Use Permit to allow re-establishment of general auto repair at 951 White Bear Avenue. (Al Torstenson, 266-6579, Northeast Team) Commissioner Wencl reported that there was a great deal of discussion at Zoning Committee as to whether this had actually been an approved use in operation, etc. �TOTtON: Commissioner Wencl moved deniat of the requested nazconforming use permit to allow re-establistamerct ofgeneral auto repair at 951 �3'hite BearAvenue. The motion carried unanimously on a voice vote. �4R-036 M��a I3omes,Inc, - Special condition ase permit to allow a cluster development with twelve townhomes (six twinhomes) at the southwesi quadrant of Lexington Parkway and � St. Ciair Avenue. (Beth Bartz, 266-6580, Southwest Team) Commissioner Wencl reported that this case was laid over to April 2, 1998. Commissioner Wencl read the agenda for Thursday, Apri12, 1998: Old Business of Alter Trading Corporation, Mendota Homes, and Richard Eitel; New Business is for Professional $uilding Services, Jerome LaCroix and William Dunnigan, and Melvin Heard (Kingdom Hall). Commissioner Geisser asked why A1ter Trading Cocporation was on the agenda. Mr. Ryan replied that the original application in 1995 is being concluded now with application of the new zoning regulations, following the zoning study. Chair Morton annoanced thaY the Midway Parkway West Como Small Arza Plan was adopted by the Ciiy Council on December 17, 1997. Copies are now available from Patricia James. V. Comprehensive Planning and Economic DeveIopment Committee b10TI(1N: Comn�issia��er Maddox moved that the Pkalen Boulevard Draft EIS be fnrwarded to the City Counci[ and recommended for release for public revieiv and comment; and thnt a meeting be held on it. Ph�ten Bo» lev�rd braf�Fi4 - Report and Recommendation for release for public review - (Nancy Frick} Ms. Frick reviewed the document with a slide presentation. She explained that the purpose of � an EIS is to provide information ta the decision maldng body and the public about the consequences of taking the acrions that are proposed. It is based on a formal Scoping Decision that this body heard and recommended upon, and the City Counci2 adopted in 1446. This EIS looks at three types of altematives. FirsY of atl, it assesses the impact of not building the project. The other alternatives are reviewed in relationship to the no buiId altemative. The EIS also looks at a transportation system management (TSNl) aITemative, which evaluates sotving the problem by making smaller, minor improvements to the system instead of doing a major build project. The build altematives are divided into three segments: 1) a western segment, between 35E and Burr Street (three alignments}; 2} the central segment, beriveen Butr Street and Earl Street (five alignments); and 3} the eastem segment, betw�een Earl Sueet to Johnson Parkway (one aiignncent), The westem segment asks hocv do you connect Phalen Boulevud with 35E. Ms. Frick explained each aItemative with the assistance of enlarged projected maps. Questions arose regarding the bus bam, timetables, and traffrc movement. The central segment's key questions aze how do you get through the area between Payne and Arcade, and hosv do you access Payne Avenue from Phalen Boulevard. Common to all the � MINUTES OF THE ZONiNG COMNfITTEE Thursday, March 19, 1998 - 3:30 p.m. � City Councii Chambers, 3rd Ploor City Hall and Court House 15 West Keflogg Bouievard PRESENT: ABSENT: OTHERS PRESENT: Chavez, Faricy, Gordon, Kramer, Morton, Vaughf and Wenci Field (excused) � � �a� Petec Warner, Assistant City Attorney; Beth Bartz, Donna Drummond, Pattie Keliey, Roger Ryan, Ailan Torstenson and Jim Zdon of the Planning Division. 7he meeting was chaired by Barbara Wencl, Vice Chair. RICHARD EITEL - Zoning File 98-027 - Rezoning from R-2 to B-3 to allow construction and operation of an auto repair facitity. Donna Drummond presented slides and gave the staff report recommending approval pending receipt of the signature of the appropriate fee owner prior to final approval by the City Council. Ms. Drummond referred to a letter received from the Attorney Generai's Office dated March 18, 1998 in support of this rezoning, and that Mr. Eitel is in the process of paying off the contract and wil! become the fee owner of this property. • Upon questions of Vice Chair Wenci, Ms. Drummond said rezoning does not necessarily entail development of the site and this woutd simpiy change the zoning ciassification for the property. She stated Mr. Eitel has indicated he would like to develop a repair facility and if so, he wouid have to apply for a Special Condition Use Permit and it would also need to go through a site plan review. Ms. Drummond fuRher stated the arrangement is that the State would be acquiring from Mr. Eitel the southern two thirds of the property. She explained that inciudes the wetiand whicfi therefore wouid not become an issue as the wetland wou{d be preserved being on State-owned property. Upon question of Commissioner Faricy, Assistant City Attomey Peter Warner said the letter from the State was written as his prompting to staff because of the status of the property presently is tax exempt, and in reading the letter he is satisfied there is no probiem going forward witfi the rezoning. At the question of Commissioner Kramer, Donna Drummond said with fhe southem parcel of 195 feet sold back to the State, according to the p(at map Mr. Eitel will retain a totai of 26,400 square feet. Upon quesfion of Commissioner Vaught, Ms. Drummond stated although she did not investigate what the properties are zoned for in the area immediately north across Larpenteur in Maptewood, she reviewed the existing land use which is a gas station and which she believes to be zoned commercia! in fhe Maplewood Zoning Code. She further stated that the closest B-3 zoning in Saint Paui is immediately across Interstate 35-E to the east. Upon question of Commissioner Kramer, Donna Drummond stated part of site to the west is vacant land and it is zoned residential. Richard Eitei {A268 Pond View Drive, White Bear, Minnesota), appeared and said the State is acquiring the south portion of his land along with the property to the west, which inciudes the house shown on the slides presented by Ms. Drummond. � n � r; -- ..� ..��mrctee Minutes March 19, 1998 Richard Eitel (98-027} Page Two Commissioner Kramer asked Mr. Eitel why he was requesting ta rezone a portion of land that he will no longer own. Mr. Eitei explained it was defermined by City staff it woutd be #he only way to proceed since it is currently one parcei unfil the sale of ths southem porFion to fhe State is finalized. He said he is in the process of settiing the contract for deed, but did�'t realize that was a probiem untii staff informed him. No orte appeared in support or opposition, and the puhiic hearing was ciosed. Commissioner Faricy moved approvat of the staff recommendafion, and the motion was seconded by Commissioner Chavez. Commissioner Kramer expressed concems that rezoning to a B-3 aliows a muititude of uses in that vicinity, that rezoning would leave a potentiai B-3 parcel vacant, and his greatest concern is that he betieves approving this request is spot rezoning. Gommissioner Vaught said he will be voting against the motinn because he aiso believes this is spot rezoning. There was no further discussion, and the motion was cailed. Adopted Yeas - 5 Nays - 2(Kramer, Vaught) � Drafited by: , Pattie Keliey Recording Secreta Submitted by: Approved by: �ar�'� U�inm�c'zl Donna Drummond Northwest Quadrant Barbara Wencl Vice Chair ��' �{dC :� ZONISiG CQMMITfi'E8 STAFF 88PORT FILS # 96-027 l. APPLICANT: EITEL, RICHARD E. DATS OP ASARING: 03/19/98 2. CLASSIFICATION: Rezoning 3. LOCATiON: Southwest corner of Larpenteur Ave. and Interstate 35E frontage road 4. PLANNIISG DISTRICT: 6 5. LEGAL DSSCRIPTION: Section 19 Town 24 Range 22 subject to Awy part Of W 1/2 of NE 1/4 of NE 1/4 N af Wheelock Pkwy in Sec 19 TN 29 RN 22 6, PRESENT ZONII3G: R-2 ZONING CODE REFERENCE: §64,400 7. STAFR INVESTIGATION AND RSPORT: DATE: 03j11/98 BY: Donna Drummond 8. DA2fi RfiCBZVED: 02/02f98 DEADLINE FOR ACT20N: 04J14/98 A. PIIRPOSE: Rezoning to allow construction and operation of an auto repair facility. , B. PARCEL SIZE: The property to be rezoned has 240 feet of frontage on both Larpenteur Avenue on the north side and Wheelock Parkway on the south side, and is 285 feet in depth for a total lot area of 68,400 square feet (1.57 acres). C. E7CISTiNa LAxD IISE: The progerty is vacant and contains a small pond in the southeast corner. D. SIIRROIINDING LAND IISE: North: Gas station and single-family homes in Maplewood. East: Interstate Highway 35-E and commercial uses beyond in a B-3 zone. South: Mississippi Creative Arts Magnet School in an RM-1 zone. West: Vacant property on Larpenteur Ave. and single-family homes on Wheelock Parkway in an R-2 zone. E. ZONING CODB CITATSON: Section 64.400(a) states in part that �'the council may, from time to time, amend, supplement or change the district boundaries or the regulations herein, or subsequently established herein pursuant to the provisions of Minnesota Statutes Section 462.357 and amendments thereto as may be made from time to time. The planning commission may, from time to time, review district boundary lines to determine if, pursuant to state laws, such district boundaxy lines should be changed." Section 64.400(b) states in part that '�an amendment to the zoning code may be initiated by the council, the planning commission or by petition of the owners of sixty-seven {67) percent of the area of the property to Zoning File #98-027 Page Two be rezoned." F. HISTORY/DISCII35ION: In 1992, Richard Eitel applied for site plan approval to fill the property. The site plan was not approved because it would have eliminated a wetland. G. DISTRICT COUNCIL RBCOi�fENDATION: The DistriCt 6 Planning Council voted to support the rezoning petition. However, they will consider the proposed use for an auto repair facility separately when there is an application for a special condition use permit. In addition, staff had received no calls or correspondence in opposition to the rezoning petition at the time this report was written. H. FSNi7SNG5: � 1. Richard E. Eitel is the contract purchaser of the property. The State of Minnesota is listed as the fee owner, and Mr. Eitel is paying Ramsey County, which holds the property in trust for the state, annual installments toward the purchase of the property. The City Attorney�s office is investigating whether Ramsey County or the State of Minnesota must co-sign the rezoning petition Por the application to proceed. The City Attorney's office has recommended that the Zoning Committee consider the petition, with the understanding that the appropriate fee owner must sign the rezoning petition before final action can be taken by the City Council. � 2. Mr. Eitel intends to construct and operate an automobile repair facility on the northern 90 feet of the property, the portion that fronts on Larpenteur Avenue. He has also stated that he will be acquiring 2o feet of Larpenteur Avenue right-of-way from the state for a total of llo feet to be developed. He intends to sell the remaining property, the southern 195 feet of the lot, to the State of Minnesota to accommodate stormwater runoff from Interstate Highway 35-E. The rezoning petition is requesting that the entire property be rezoned to B-3. 3. Section 60.544 (18) of the Zoning Code permits automobile repair facilities as permitted uses sub7ect to special conditions in the B-3 zoning district. The proposed site has the potential of ineeting all of tke required conditions related to minimum lot size, landscaping, indoor repair work, and outside storage. 4. The rezoning is consistent with the comprehensive plan. Goals and objectives of the District 6 Plan include the following: to encourage the development of new housing and businesses (p. Z1}. In addition, the Economic Deve2opment Strategy incl.udes: il abjective #6, "ensure sufficiant land for future business growtk"; 2) Policy #25, "the city's land use plan should provide adequate land for industrial and commercial development and expansion in order to increase the proportion of commerciaS/industrial tax base"; and 3) Policy #29, "the city should periodically review its zoning regulations and amend them as necessary to keep current with technological and economic changes affecting the nature of business activity" {pp, 17-18). �-�la� � Zoning File #98-027 Page Three 5. The rezoning is consistent and compatible with the way the area has developed. Across Larpenteur Avenue to the north of the site is a gas station, which is in Maplewood. The freeway frontage road and Interstate 35-fi are to the east. The southern edge of the site £ronts on Wheelock Parkway, and aoross Wheelock are the playfields for Mississippi Creative arts Magnet School. To the west of the site are residential uses along Wheelock Parkway and vacant land zoned residential along Larpenteur Avenue. In addition, there is a significant amount of tratfic in trie area. Larpenteur Avenue carries 13,625 vehicles per day; the freeway frontage road carries 6,825 vehicles per day; Interstate 35-E carries 135,225 vehicles per day; and Wheelock Parkway carries 5,0�0 vehicles per day. Given this level of traffic, residential development of this site seems unlikely, and rezoning to allow commercial development is compatible with the way the area has developed. 6. The rezoning will not have an adverse impact on adjacent groperties if appropriate landsaaping and screening is installed on the west side of any development of the property to shield the residential uses there. 7. The applicant submitted a sufficient petition of two-thirds of the property owners within one hundred (100) feet of the property stating support £or the rezoning (three parcels eligible, two required, and two � signed). 2 STAFF RECObIl�fENDAT20N: Based on findings 1 through 7, staff recommends approval of the rezoning petition, pending receipt of the signature of the appropriate fee owner prior to final approval by the City Council. PETITION TO AMEND THE ZONING CODE Department of Planning and Economic Developmenr Zoning Section II00 Ci1y Hat! Annex 25 West FouRh StreeY Saint Paul, MN SSIO2 266-6589 APPLICANT PROPERTY LOCAT(ON Property Owner /Sich,m-C � • ��'�'/ Address�7i�ls� ��.i/�!f �i.�-� /��- i v� Cityw�� St117!1�Zip.S d Daytime phone ��s�7��6� Contacf person (if Legal descriptionF�it-rr`�fi-r77 L��G additiona! sheet if necessary) TO THE H�NORABLE MAYOR AND CITY COUNC(L: Pursuant to Sectian 64. 00 of the Saint Paut Zoning Ordinance and to Section 462.357(5) of Minnesota Statues, (� ,��.�,�� : �`f�'� , the owner of all the tand proposed for rezoning, hereby petitions you to rezone the above described property from a Ij'� — 2 zoning district to a R• 3 zoning district, for the purpose of: �G,VSTlLC.cT/•✓�s /I'N�O OOaT-irj7nrfr /j ff'r�.T7i2E'�97h �dY/GlTY (attach additiona! sheet(sj if necessary) Aftachments: Required site plan � Consent pe6tion r'Y Affdavit � Subscribed and swom to befo me this � day of ��GG�C� 19� CQUNN owner of property Title: G��jL Page 1 of �� C_.� � Notary Public .. , , �J 70hIZN� PJGTITIQl�T SITI`I+ICX�NCX CH�Cii S�E�' 12�201�]��G SCUP � i�CUP FII2ST' SUBMITTED • DATE PETITION SUBIviITTED: �" {0 AATE OFFICIALLY RECEIVED: '�'�� PARCELS ELIGIBLE: � PARCELS REQUIRED: �_ PARCELS SIGNED: � CHECIiED BY: DATE PETITION RESUBMITTED: DATE OFFICIALLY RECENED: PARCELS HLIGIBL£: PARCELS REQUIRED: PARCELS SIGNED: � N ubV".r."'r �. AATE: � �� zQ�}�� i�� -l�27 CITY �F SAINT PAUL CONSENT OF ADJOINING PROPERTY OWNERS FOR A REZONING We, ihe �cndersigned, owners of ti7e property tivithin 100 feet ofthe total contiguous description of real estate owned, purchased, or sold by THE PETITIONER within one year preceding the date of this petition acknowledoe that cve have bcen presented with the following: Wc consent fo the a�proval of this rezoning as it tivas exptained to us by tt►e applicant or hislher representative. A copy ofthe petition of_.� i f c_�i �.Y c/ � i f"i (name of petitioner) to rezone the property tocated at rA � s� s�,,,,: ?«,�c,,. from u� � zoning district to a� zoning district. � ✓' •' � ^ ^^- � �' �� to a �5' j zoning district. (Name of petitioner) 2. A copy ofsections � 6. 5'/� through 6G.Sytj , incic+sive ofthe Saint Paut Zoning Code; and nckt�owtcdge that we are aware of ai( of t1�e uses permitted ia a Jj— j zoning district and we are aware that any of ihese uses can be estabtished upon City Council approvat of the rezoning. We hereby consent ta the rezoning of Ute property in the petition of; � r� L� , ` ______ days afker it is received by the Planning Division Any signatar of this petition may withdraw his/her name therefrom by written request within that time. , y � �2� LI'I'Y OF SAI1�T PAUL � CONSENT OF A.DJOINII3G PROPERTY OVi�I�IERS ppR A REZ01t�ING We, tiie uf�dersigned, owners ofthe property Fvethin 100 feet ofthe total configuaus description of real estate owned, purchased, ar sotd by TN£ PETITIONER within ane year preceding the date of this patition acknow(edge that we have been presented wiifs ihe following: l. A copy of the petition caf � i�c to rezone the property iocated at q,�. d �" i fr- (narne ofpetitioner) fvom a� � zoiting district to a ,PS — 3 zoning district. � � 2. A copy of sections ��• YI j through 6a.S�/�f , inclusive of tite Saint Paut Zoning Code; and acknotivicdge thai �ve are aware of ait a� tlze uses permitted in a B-- 3 zoning dtstrict and we are aware that any of these uses can be esta6lished upen City Cauncii approva! oP fhe reaoning. We hereby consent to the rezaniug of the property in tpe p�tition of; �l c �.rn. � G � �f'�"� tp B �� 7Aqlt}g tliS�ftCt, (Name of pet'stioner} Wc cons$nt to the approval of this rezoning as it was exglained to us by t1�e aprilicant or his/her represerctative. rG-ay-ZZ-�Z_2� �G'r�ny�; ��Fr�,s2 Za�7 Wpvtyia4 o.rc� . e/ �� /� Y NOTE: This petitian shall not be considered as of#icialty fi�ed w�2 the �aps� of seven (7) working days after it is received by the Planning Division. Any s�gnator of this petidon may withdraw hisllter name there&om by written request within that time. AFFIDAVIT OF PERSON CIRCULATING THE CONSENT PETITION STATE OF MINNESOTA) :SS COUNTY OF RAMSEY ) ��/,,, �/��"/ , being fust duly swom, deposes and states that he/she is the person who circulated the consent petition eonsisting of, pages; that affiant represents that the parties described on the consent petition are all the respective owners of the properties placed immediately before each name; that a�ant is informed and believes that each of the parties described on the consent petition is an owner of the property which is within 100 feet of any property owned, purchased, or sold by petitioner within one (1) year preceding the date of this petition which is contiguous to the properiy described in the petition; that none of the parties described in the consent petition has purchased or is purchasing property from the petitioner that is contiguous to the property described on the consent petition within one (1) yeaz of the date of the petition; that this consent was signed by each of said owners in the presence of this affiant, and that the signatures are the true and cosect signatures of each and all of the parties so described. � � � � NAME y 2 � � ✓�'�.._t� (/, �v.�- �n � c �.��'J'f.�'y . d!/!N'.s�'l/O ADDRESS 6.s�—��E,6 TELEPHONE NUMBER Subscribed and sw to before me ttvs � day of , 19� 'OTARY PUBLIC . � a ,,.. . ocoz'is uersam+x�'m�,o�.cw AICHARO W. COPELA.ND I�1Nti0� NOI�JNIHSbPA �"�' t:�tARYPU6LiC 7i0S3NNtW-BIl81TdAlMlG�d�? Pa°e Of �s WASHINGTONCOUMTY dtv"d'13dQJ'Mat3VH��t! ��`�Y'�~,MYCamm.EzpiresJan.3i.2000 • a ■ • 1/31/97 yg �a� � STATE OF MINNESOTA) OF PETITIONER � COUNTY OF RAMSEY PETITION TO REZONE AFFIDAVIT SS The petitioner, (1.1G �,,•-d ��/ , being first duly sworn, deposes and states that the consent petition contains signatures from at least two-thirds ( of all eligible properties within 100 feet of all property owned, purchased, or sold by petitioner within one (1) yeaz preceding the date of this petition which is contiguous to the property described in the petition; petitioner is informed that the consent petition must contain signatures from each and ali owners of jointly-owned property in order to constitute consent from that property and that failure to obtain consent from each and all owners could invalidate the consent petition; petitioner believes that the consent getition was signed by each of said owners and that the signatures are the true and conect signatures of each and a11 of the parties so described. .y<<�� E� NAME ��n,� J U. �.- /�t %��-, G�/l/rT�� ADDRESS �3"3-7��.0 TELEPHONE NUMBER Page of i/31/97 Subs bed and s� to before me this � day of 19� �� cc �VO� 3�b � W _Z a d � W W � a ,1 � . �'—' ___�'_-____.'___'� �____' �_—.'_ _ � �._., . .__ � . _ __ f i �f~_. __' _.__ i � . E± y . � = a== ( j �-I I � _ � I — �. ��i � � � � `' � m � i �;-- o� g � �� j� -- �� i , � __-: ' i ,� _ 4 �;- -- i i Q r I i J � � � W � � ` -� ` � �. , --- -- , � � � �;--; � - -, � a �� , , % � , �:.:;. �--- '=_=--- --- Q �� R .� �� a� �� : ` .: 1 ., . � �'-5l �� i District 6 PI February 26, 1998 Mr. John Hardwick PED Zoning Section 1100 City Hali Annex 25 W. 4th St. St. Paul, MN 55102 DearJohn: _.�.; _ _ x � 1061 �Rice St. St. Paul, MN 55117 Phone 612 488-4485 Fax 612 488-0343 . i.'� 4 �� r�1 • I ... • • •� � , ,• S �t The District 6 Planning Council received a request from Richard Eitel to rezone the property at the Southwest Corner of Larpenteur Ave. & 35E from R-2 (Residential) to � B-3 (General Business) On Wednesday, February 25, 1998 the Land Use Task Force of the District 6 Planning Council moved, seconded, and passed this request. If you have any questions, please feel free to give me a call. 1,�� l.t/ Kathy Col Executive Council Il i � i. 2. 3. 4. 5. � 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. SITNRAY-BATTLECREEK-HIGHWOOD FiAZEL PARK HP,IIEN-PROSPERITY HILLCREST WEST SIDE DAYTON'S BLUFF PAYNE-PHALEN NORTH ENT3 THOMAS-DALE SUMMTT-ITNIVEI2SITY WFST SEVENTH COMO IiAMLINE-MIDWAY ST. ANTTiONY PARK MERRIAM PARK-LEXIl�IGTON HAMI.INE-SNELLING MACALESTER GROVELAND HIGHLAND SUMMIT HTLL DOWNTOWN ZONING FtLE �� I. a ul I►1 . CITI2EN PARTICIPATION PLANNTNG DISTRIC'I'S '-�� :..� �__ ��,r". . _ ___�� r V �. _'__�.� � `, - � y'_ ,.. : �� i , . , , _ x---!.i 1 t�; �C'�� "JL. � (( (j� .._,. :�;� `: ��1:(fi. �. �'��:,�_;. t� ��,........ � = ;, b� -.��= � _.... ��=� ( �,~� �' xn �:... "�:-,u��i.��ll�LU . I.....> ; r �. � m,=: i , ;�.,1 i .��._.� R - -� _� _lt-�� 1�„�7L:111 � � .;;:':U'_�( �-%1�it�iJ_.�� ; { � :! 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E=-j;_ � _iE��i_1�..�. , �( �.. w:. _----- I1 L`- ;��-�(� -��" ' � -3� '""�!-:.�-,,l � ...,.,.. . � •-;�;:(;� • �, 1�_C'� J� �3f^af =:_3E==J%;,- .:��f�3�� l�` _i�r ,,i,:r �--- �: �,�_:�.,'� tJ��r�-� =;L._ _� ��f__lE -= 3E=--�1=�r--�=iF_ �r `3� �U� �� i; --_::��'' . �i� � t ; �-?.lt� )RTH END DISTRICT 6 �N y � --�^ ,w. , „ � �� .� �" ��.�� -=`c' L'�—�� Or0 O�O�O�O O � ,p �. _._.__1� E— , � . -- a o ' ' ' �° o � 0 0 0:�0000g t�t�,�p �.,.PARKWAY ��,� .�. � � � � U � { : �� s � ( ' "j i �� a� �. lJ � � � ��aQ ��, 3 O J � e CJ a m ��V A � or rc oanavG� �ous�++c � �' a ! � � e � { �� U � �� e � - - � `V � � o;o � �� , `� — "'' _ ( � I M/SSISS/PP/ O+ t �+ � � ' .� o �. ` t o��, ; � �. � O R 4 V� ° � � � C] o, a. � a o ` � �� 1 J 1 � f� \ i!Y �t �� O ) e\/ V" ^` � V O � Q 4 , J � . 4 4 ' 1 V1 /l + , � � i ti �� ' � � }, � �. i i ` � �u�� " � - (,. � °`� )� __ . ,' ,.� �r � 8 � � i �" � ? , # � � Z � ii� ^�'} N ' � � O 23 � � � � � � v 0 � c 0 G (: � t � � 23 � � O 35 O 35 Og O 3 APPltCANT � �� + � � ~ 1 - C � — LEGENLI -- -- -- - PURPOSE /� E Z�� t �� zoning district boundary FILE # � �� DATE � y '/� `+ �-� subject property "� - - - - ------ - - --- PLNG. DIST.�__ MAP # a. one family ••^ - w � two tamiry ♦ � � SC'i�E�rt�"'�r - - -- _ ��_ �'i-�. Q muitipie family - - -- - /� ` ` �� / � � HUSERT H. HLIMPfIREY III A7lOR\'EY GE�EI2,1L STATE OF MINNESOTA OFFICE OF THE ATTORNEY GENERAL March 18, 1998 Donna Drummond Department of Planning and Econoinic Development City of St. Paul 25 West Fourth Street St. Paul, MN 55102 Re: Richard E. Eitel Property Dear Ms. Drummond: covEw�nrovrs�ev�csssecnox 575 PMK SIREET SU11EZO0 Sf. PAUL. K� SSIOi-2106 TELEPHONE. (612) 29'I-2M0 SENT BY FACSIMILE AND U S MAIL I am enclosing a copy of a parcel sketch of land owned by Mr. Richard Eitel, located at � the southwest corner of Larpenteur Avenue and Interstate 35E. The State is acquiring all but the northerly 90 feet of this property. The northerly 90 feet to be retained by Mr. Eitel, is shown in blue on the parcel sketch. A description of the land to be acquired by the State, containing I.O6 acres, is attached and captioned "Fee Acquisition - Description for Stipulation," and outlined in red on the parcel sketch. In addition, the State has agreed to reconvey to Mr. Eitel a 20-foot strip along his northerly bou�ldary, containing 0.1I acres, which is sbown in yellow on the parcel sketch. A legal description of this 20 foot strip is attached and captioned "Description for Reconveyance." Mr. Eitel and the State have agreed that if the State should need to acquire, in the future, the easterly 40 feet of his property, he will convey that to the State for a nominal fee of one dollar. That easterly 40 feet is designated by a cross-hatch on the parcel sketch and described in the attached sheet labeled "Description for Option." The State will file a condemnation award on March 20, 1998, setting forth the terAns described in this letter. Facsimile: (612) 297-1235 • TTY: (6l2) 282-2525 • Toll Free Lines: (800) 6573787 (Voice), (SQO) 366-48L (TTY) \a Equal Oppon�niry Employer Who Yalues Diversity is Pnnted on SO% mcycled papec (15% post consumer con[en[) � :.:.. Ms. Donna Drummond March 13, 1998 Pa�e 2 The State is aware that Mr. Eitel has requested the City to rezone his property for commercial use. The State has no objection to this rezoning, and understands that he will use the 90 feet retained plus the 20 feet reconveyed for a commercial purpose. If you have any questions regarding the above, please feel free to contact me. Very truly yours, / ��-c,+n.� /� • �� LOUIS K. ROBARDS Assistant Attorney General (612)296-6673 Enclosure LKR:It AG:45017 vl � � q� �1�� _ . . _ ., , i � T ��; # _;..,� ` �w , �� '.;.- ' r.Vi �'� �' �', ` { 9 f+T� o r� � _ _ � ,. aR.�A. R� � � _ � _ _. \ ��l, p �t^ 1 � � � / � p.�� C ' � � t` �,� � i . �faR A-� _?� - - -. � --- `o.f 1 �1�.. . ,' . - _ �, ' a� , t. `^ _ . �' ,` ° �`- = h, — — v —==c_; _ u n�ry `i " .e�' � ., i � ; 1 3Q� tIAtER � � — . � �;l,l � ?'�j � f -n l't�i:71 '. ' � ' � � i ; g ��s > � � _ - , � � � f I ;,, ' : � 25. 6^,4 SC. � ; . .�� r �✓ � ' ' � � ' ' ....;. . f ?4" .i .:.� :' ; i � 'j L. • � 1 5E� -2 1 � ! �� ^� `i •i. S"? _i � , _�� -�--,--- � , � ,, _ , _ 'f� ,,, � �,:� ,'�� `� _, , zs'-.�a%�c; ^ , ""� J, �_ , _... � ( V � . � � 's �i �2 � i i � � �---=---- ' aazs i ' '..�_' ,� '— -t=— � � • ; , ,.._ -- . t ' 3 ; �su:as , � ' � i' = ur ° z �� 1 � i C� ,� � �.4sZ�.5 . fJ � ` i �1�Eq,: � � I`! �� ` ' "3^c 5�\ �"- o � � f � ' E � � � 7 ` / g e`� ._ , �— i . . :. � ��.: : A: , � j � =ti �.; � ; � � . � ��.,� f . ��Cl��t � ' d4:.G:, � ; � . � l ; � ; ,., ` ,; �' y � � t fi:i._:YD 7a � � , ' 1 : f � 2�i.� � - � ( ' � �� i f � 5 S . iG' _—'-- ` ' I � � / - 'i \�� T � �� ` . � i�' `� ' � :. I �� \ � `fi �� t i � � 1 i C� C �J . g�' 1 d • ' �� . � v 7+ �� YD ¢ &A728�?',F�B &.*.t7 � � � ,�_ J ^ �.',.86 � ' - °� �°: - - _ -� ' _ - aG d: �F'.v" �' r i C:6 – • . ��< V . . ( ts --''� March 13, 1998 8280390.904 FEE ACQUISITION DESCf2lPTiON FOR STIPUTATION Parce! 390 C.S. 6280 (35E=390} 904 That part of Tract A described below: Tract A. The West Half of the No�Fheast Quarter of the Northeast Quarter of Section 19, Township 29 North, Range 22 West, Ramsey County, Minnesota; except that part taken for street; also except that part lying south of Wheelock Parkway and west of a line formed by the easterly tine of �ot 6, Biock 11, Dawson's Lake Como and Phalen Avenue Addition to the City of St. Paul, extended north to Wheelock Parkway, the title thereto being registered as evidenced by Certificate of Titie No. 31383; � which lies southerly of a fine run parallei with and distant 155 fest southeriy of the north - ifne of said Section 19 and westerfy of a line run parailel with and distant 340 feet westerfy of Line 1 described below: Line 1. Beginning at a point on fhe north line of said Section 18, distant 7402 feet west of the northeast corner thereof; thence run southeriy at an angie of 92 degrees 14 minutes 00 seconds from said north section line (measured from west to south) for 600 feet and there terminating; containing 1.06 acres, more or 1ess; together with af( rights of access, being the right of ingress to and egress from thai part of Traot A hereinbefore described, not acquired herein to Trunk Highway No. 35E. 9 �-�a�T� � � March 13, 1998 6280390 DESCRIPTfON FOft RECONVEYANCE Parcei 390 C.S. 6280 (35E=380} 904 That part of Tract A described below: Tract A. The West Half of the Northeast Quarter of the Northeast Quarter of Section 19, Township 29 North, Range 22 West, Ramsey County, Minnesota; except that part taken for street; aiso except that part lying south of Wheelock Parkway and west of a line formed by the easterly line of Lot 6, Block 11, Dawson's Lake Como and Phalen Avenue Add'+tfon to the City of St. Paul, extended north to Wheelock Parkway, the titie thereto being registered as evidenced by Certificate of Title No. 31383; which lies between two {ines run paral4e{ with and distant 45 feet and 65 feet southerly of the north line of said Section 19 and distant 340 feet westerly ofi Line 1 described � below: Line 1. Beginning at a point on the north line of said Section 19, distant 740.2 feet west of the northeast corner thereof; thence run southerly at an angie of 92 degrees 14 minutes 00 seconds from said north section line (measured from west to south) for 600 feet and there terminating; containing 0.11 acre, more or less. � March 13, 1998 6280390 DESCRIPTION FOR OPTION Parcel 390 C.S. 6280 (35E=390) 904 That part of Tract A described below: Tract A. The West Half of the Northeast Quarter of the Northeast Quarter of Sect+on 19, Township 28 North, Range 22 West, Ramsey County, M+nnesota; except that part taken for street; afso except Yhat part (ying south of Wheelock Parkway and west of a(ine formed by the easter(y (ine of Lot 6, Block 91, Dawson's Lake Como and Phalen Avenue Addition to the City of St. Paul, extended north fo Wheeiock Parkway, the titie thereto being registered as evidenced by Certificate of Titie No. 31383; � which lies beiween two lines run para(lel with and distant 45 feei and 155 feet southeriy of the noRh line of said Secfion 19 and befween lines run paraliel with and distant 340 feet wester(y and 380 feef westeriy of Line 1 described below: Line 1. Beginning at a point on the north line of said Section 19, distant 740.2 feet � west of the northeast comer thereofi thence run sautherly at an angie of 92 degrees 14 minutes 00 seconds from said north section line (measured from west to south) for 600 feet and there terminating; containing 0.90 acre, more or less; together with all right of access, being the right of ingress to and egress from that part of Tract A hereinbefore described, not acquired herein to Trunk Highway No. 35E and to Larpenteur Avenue. � �•nv nu 525 PRRK S7E 200 Fax�612-29?-1235 Mar 18 '98 15�35 P.03/03 _�� . . .. .... . y rK`SZ�18�1999 SSt55 Pr7J 51?2�1 P.02J04 r',' y , , • i ��.., � P�1'CfOt3f� 1'O AM6Md 7'ttE Z�titNG CW� �� Dq,erlmqrt ofPlanning aad SrnRaede Dtwl4pntatJ t'e�rl�rs s.er�a» I]Od Cl�y Rel1 A�tna �i! T�'!�f Fourth S1'red �a� �ar� MI�' J�162 ' ,� ' -,7' ��„�.� ��.�s, �,,-� APPIIGAN'1' , PropsRy 4wner .� Cky�Y��fit�4p�!,�Dayfime phone,�� GontacR par�on (K dNtennt) � . . ��Z . .L ,C��i:i:'aT.� ..�'�%'..lr�u''T.s3"' . • - . r .�.�.. . n _ �..,. •h�tf If � To THO H�NOM�4E MrtYCR ANC GtTY COl1NC{�.: punu�nt to Sec�an M, 0� nf �ry e Satnt Paul Zoning Qrd(ntnae and Sa 5ectlan 482.35?(3) ot t�t►nntaota 8txtu�� , ��1•,.d , �"l�r'f , 2hB cKmer of aii ths lohd propoasd for razorsinp, t�ersby pstlt an� yau to rt n� th� ■hove doiatlbed praparty from e� ��-'�.. zonlnp df�irld to ��,:,, �'� toning dlttdct, i0T th1► p�stp0os of; ('avsf►FLarf�/� ,tN'Q oar-n-,r77nr9 .tn' +4KtvR.+7`Ir,c �,P,r.t.71r {a�adf �CC�nt/ aheet(Jf �nec+aa�ry) A�ac�hminri� Rai4(rod � Aian � ConNrtt 8ubsoriibed and fY�om ta be me thir „� day ot�� ae�` 1�- amd�c �' awno� et pnsperty Tif)�, d'�� -y�--=^..��-`� .� � PbQe 1 ot,,,.,_ Notary �tJb?i� DEPARTb1EYT OE� PLAN�ULUU & EC6NOMIC DEVELOPbtEN'C Pamela Wheelock Dirxtor CTTY OF SAINT PAUL Norm Caleman, Mnyor Memorandum DATE: TO: FROM: RE: March 26, 1998 15 West Founh Stseet Telephane: 6I2-266-6655 Sairt[ Paul, MN55102 Faafinile: 672-228d261 Planning Commission Donna Drummond, Planning Staff UOx��{,��^�++""'�^�i Zoning File #98-027: Richard E. Eitel Rezoning - Addirional Information Three items of addirional information: 1) A letter {attached) from the Minnesota Dept of Transporta6on, received Monday, March 23, stating that it has no major concems as an adjacent landowner regarding the rezoning. However, Mn/DOT lists the review procedures and requirements that must be followed for development of properry adjacent to Mn/DOT right-of-way. 2) Several members of the Zoning Committee, at its public hearing on this case on March I9, requested addirionaI information regarding the zoning of tfie property north of Larpenteur Ave. in Maplewood. The attached maps show the zoning in both Maplewood and St. Paul. Aiso, the St. PauI map indzcaYes addifional Iots west of the Eitei property that the State is seeldng to acquire for additional stormwater drainage. This information is from Mr. Eitel, and I have not yet been able to independently verify this with the state. 3} A Planning Commission policy from 1984 regarding rezonings and subsequent special condirion uses on the rezoned properry has been brought to my attention since the Zoning Cammittee meeting. This policy allows the planning administrator to administratively approve a special condition use pem7it for property that has been rezoned, if the special condirion use is the same that was proposed at the time of the rezoning. This policy is meant to eliminate the necessity for the Zoning Committee to hold two public hearings for the same deveIopment. In cases such as this, it is customary for the Planning Commission resoluflon to include a finding that states likely condirions for the special candirion use permit should the rezoning be approved by the Ciry Council. Ttte staff can then refer to the resolution to establish conditions for the special condirion nse permit that is adminstrafively issued. There is also a reduced fee for the applicant for an administratively issued SCUP. Staffrecommends adding the following language {in italics) to Finding 3 o£the Planning Commission resolution: � I" L- 3. Section 60.544 (18) of the Zoning Code permits automobile repair faciliries as permitted uses subject to special conditions in the B-3 zoning distdct. The proposed site has the potential of ineeting all of the required condirions reIated to minimum lot size, Iandscaping, indoor repair work, and outside storage. If the rezoning is approved by the �B y� Planning Commission � Mazch 26, 1998 Page Two City Council, a special condition use permit will be required. The planning commission amended iu rules of procedure in 19&4 (Resotution 84-23} to delegate authority for the approval ofspecial condition use permits to the planning administrator in cases where pubtic he¢rings have been held in which the commission has recommended, and the city council has approved, a reaoning specifzcally for a special condition use. The use of the property for an automobile repair facility must meet all the required conditions related to minimum lotsiae, landscaping, indoorrepairwork, and outsidestorage. In addition, the following additionat conditiorrs should be required: a. Only customer vehicles and employee vehicles of the permittee may be parked on the lot. This condition is intended toprohibit long term storage of vehicles on the lot. b. AZl vehicles parked outdoors on the lot shatl be completely assembled with no parts missing. Yehicle salvage is not permitted. Attachments. cc: Ken Ford, Planning Administrator Richard E. Eitel District 6 Planning Council � J� e � s a ; a � Q B �� O� TN� Minnesota Department of Transportation Metropolitan Division Waters Edge 1500 West County Road 82 Roseville, MN 55113 March 13, 1998 Donna Drummond City of St. Paul Zoning Office 25 West Fourth Sireet Saint Paul, MN 551Q2 Dear ponna Dnunmond: SUBJECT: Public Hearing Notice Review Richazd Eitel Rezoning Southwest Quadrant of Tnuik Aighway (TH} 35E and Larpenteur Avenue East Saint Paul, Ramsey County C.S. 6280 � The Minnesota Department of Transportarion (Mn/DOT) has reviewed your request for comment regazding a rezoning to allow construction and operation of an auto repair facility at TH 35E and Lazpenteur Avenue East. We have tto major concerns regazding the rezoning. Aowever, we would � like to take tlus opportunity to remind the city of certain stipularions regarding develapment of property adjacent to Mn/DdT right of way. • If property adjacent to Mn/DOT right of way is to be platted, the preluninary plat must be submitted to us for review, along with a site plan and grading aud drainage plan if prepared. This must occur before we will issue any pemuts. • We require a Mn/DOT access pernut for access to or across state highways or right of way, including Mn/DOT owned frontage roads. A change in the intensity or type of use of an existing entrance aiso requires a permi� • We require a Mn/DOT stormwater drainage pernut for any change in rate of runoff to trunk highway right of way, or any aIteration of trunk highway storm water drainage systems. • Any other use of or work within Mn/DOT right of way, including but not limited to grading, utility work, and landscaping, also requires a permit. The permit necessary depends on the nature of the proposed work. An equal opportun"iry employer y� �� Donna Drummond � March 13,1998 pagetwo Please send copies of proposed plats and site plans to Sherry Narusiewicz, Local Govemment Liaison Supervisor, at the above address. Questions regarding permit applications may be directed to Biil Warden of our Pemuts Section at 582-1443. Piease contact me at 582-1654 with any questions regazding this public notice review. Sincerely, � Scott Peters Senior Transportarion Planner/Loca1 Government Liaison � ` MwPlewoed � � Gas f3u Res�d z ni a � S�G+� a+t- �' t � — _____-----_ . _.�.__---- . _— ; �i. 40 • . � • O p j • Sofd ta '• • •� . ., . , , S�e�s '' � candt��r� — "�� W�ee_1 oc1� PuR'Kwa� � ar► �IS,Sls''S/PPI Cceative. A�rfit /h� Sct►o. i �I S� Q LJ Lt 1J _ � . � C� � 'Mi � s � ' s �� J; � b j �c,t i � 1 t 1 ti 1 _- '/, 1• ` . � `\ i� � � ;} �I " �''�,/ V" 4 � `� , � ,`� � I : � ( � J � : t � '! , If , �� :---- =- Q 0 cs 0 Q rr � RM- �� O �Ic � � � 0 � � � � T ./'l_ V � � Q � � 'O" �' �' � -�,- r �� . a 23 Q 23 `L'�`. 2zS-3z�1 � "'�/ Fex w ♦ ' O � h Y , n � ♦ i � � T IL3.�a Pj, � R��tXy � p o1'14' p od iu � ; Q � Maple�odd 20� I $A'1ec. �jTe�T OF MInN. � GPJv4 P�: C Li� O� ' p T /}� � O � -- � --�_�y��D i ` 2.00u. / ` $TwTG � T MtNN. a 1� l�! (-iDb __— �� 1.00iW. STATTC�OP M�«u CZ} � ' � � � 1 � �f la, � �� iT�TG MtNN �- �v 4 � �� .`._ _ i4j . LOOec. T - . t � • � LG.� 7. ( ) -r r t_aa,.. � ! � �u �� . � � � �� "�iso i �B� � , �7) _ � __-- .ee�. • f�n �9) a l'°1 �10� ' ' 9.LOac. Leo _ ae• .._._ ::f`—'_ , � °a Y � �� 1 � � r � � ! . -+� • 390�--}- � * i;� � ' � �� . , ,� , ,, ;� ,,, � , .� . � , , J33��-� � aot �4; _—__._ ` •" "" � �If� , (+L96� 3 R3 "/fXr,�rin��,lr� 41-50 9-3t-Sa tC � ' " " _ ' � " � c � �. _ -�y c �T+elrjtc+c:••' Gft t./?T/f'S , �iL�3"'" Tt'� cn i iS� � �' �Y ao��_�� t p , � � Fq�r;,� ' ��te1 � �� .""'z"� z; t z �� +� .; �fo�� -- 2 �� = 8 t�.S in/� 5 S Co mm��G/�fG �3'" /j'IVG p�6v�"LG/n!6 .��5lD��lI7 Q/- ��,v6LE. nu��r��nlC� ��nr7�-L. ��'�'�! ;� d,,.. , �,.;�?�, o . `` .�-��,; 'S. ��. v�� r_ , 7,'-. - .. .. �: �'1QJRS�.Q nTt+�itino-3Q1�9�a9@@:�N YfiY �'TA�'I�: 4�� l �l�Y`i�TIE:'Q�7'�'A 2- F. # q�'��7 Q98+�lQ:� QDh�"Q'Nl�ti�"['C'��llE��F.N�FPLAQ, <:revvxrn+rnr.Fxvi��vi�non S:S PAkK ��xrr'1' �tUR Kai � Apri12,1998 K.r„«��MN.<c�,_�«, �11�7n�nV�_ <et+_�:91 Nun SENT BY FAC5LM1Ll� 4L�I_�1�1 Donna llrummond Departmcnt of Planning and Econoretic llevelopmen� C:ity of St. Yaul 25 West 1'ounh Street St. Paui, MN 551 U2 Ke: �2ichard E. Eitel properry Dear Ms. Urummond: This is to eanfirm tliat tha Minnesota Department of Transponation w311 ac:ciuire Lots 12 through I9, Dawson's Lake C:omo a�id Pheian Avcnue Addition. '1'he lots tie west of ihc Kichard Eite1 propetiy. The State cviil acq¢ire thvse eight Iolx for draina�c purposes rclateci to Intcrstatc 35L'. Very truly yours, � ,.'l; �� _ t L��.(.� �' � � � LOUIS K. ROBARDS Assistant Attorney GeneraI (61?) 296-Cb7 � LTCIZ:It cc: Uan Vvss Richard �itel nr,.a�net � t r �— 1'ursimile ltil?) 297•7?iS • TTY: (6l?) 2$L?S'?S • TuGl�iu Linc�: (1+Otl� bi7-:i7R) (V�iiec). (kc'�]:S(+G-a%32 C��Y) w wn Gau:J Appwwniiy Gnpl�yar who vatm� Diven}ey 4.r9 ftiu[e� im XI+'R [ec7ile�! p��x:r (1 S s �x+s� rnncumt� � �-30-1998 5:d6PM FROM RICHARD EITEL ! To: District b Cotmcil Membez's From: George & ltobin Carter Date: February 25,1998 ., , ., Re: Development on Wheelock Parkway & Larpen2eur Ave. zo�, P. i F,l ��8-oa� We are aware of the develo�ment project Mr. Eitiel is involved in. My wife and F own the adjacent ptopezties on Wheelock Parkrvay and La�enteeu Ave. n�t to Mr. Eitiei's new development site. We vvould like to state in this letter to the District 6 Council Member's and to everyone else uivolved, we do not feel that Mr. EiteiYs development weuld pose a determent 40 our community. We also feel that Mr. Eitiei should be aliowed ts pursue his plans to develop his projcct. � � �� .. l�_G.�h� MN CHILDREN F�ODBNUTR Fax�612-297-7721 Rpr 1'98 12�A8 �.�1 Zo�ir'� F,� /e, Zoning Committee 25 West 4�' Street 1300 City Hall Annex St Paul, MN 55102 Aitn: Donna Drummond DearZon�ng Committee: 1 am writing fo oppose the rezoni�g of the property belonging to Richard Eitel (zonir�q fi(e # 98-Q27). ( am the property owner adjacerrt to this property and changing the zoning would decrease the �alue of my property (which 1 confirmed recently with an appraiser). Since my properiy is currenNy under negotiatiores regarding market va(ue 1 am greatly concemed over this potentia! rezoning. In addition, fhis area is a residentiaf area and has a wefiands type area at fhe southern portion of Mr. Eitel's property. tt is aiso across the street from an e�ementary school. A!l of these reasocts contribute to my opposition of building an auto repair facility. I atso believe that there are a number of current(y existing types of faci[ities within a one to two mile radius, that indicate that another such type of facility is not needed. When the properiy was initially up for auction, ! did inquire what fype of use wou(d 6e allowed. Either singfe or mu�ipie residentia! units could be amsfrucfed was what ! was toid, but 1 was also fold that the parce( was unsuitable for much development ! reatize that this properry has been under contention for several years, where it has become very weec! filled after ali of the trees were cut down. I also know that many neighbors were opposed fo the removal of fhe trees, especially since this properiy is lorzted on a Parkway. 1 hope you strongly consider this letter when you are making your decision, since ( was unable fo atfend fhe hearing on March 18�`. Respec�fully yours, �k . �J.ca)F� Susan K. Weeks Properfy Owner 215 East Wheeiock Parkway St. Paul, MN 55117 � q8�-o a7 � � �� a� \ J April21, 1998 S.P. 628Q (35E=39Q) 904 County of Ramsey Pazcel 390 S:ate vs. Richazd E. Eitel, et al. NOTICE OF AWARD 9�-y�� 612-246-8648 In the above entitled eminent domain proceeding, the Commissioners appointed by the District- Court in the above named county filed their report with the Court Administrator on April 14, 1998, wherein they made a monetary award as full payment for the acquisition of Parcei 394 for trunk highway purposes as follows (see attachment}. The awazd of the cour[-appointed Commissioners may be appealed to the District Court by the State, or any � party having an interest in the subject property, if the awazd or its conditions aze considered to be unsatisfactory. If an appeal is taken, it must be filed with the Court Administrator of the above named county and a copy thereof mttst be mailed to the Office of the Attorney General, 7'ransportation Division, Suite 200, 525 Park Street, St. Paul, MN SJ103, within forty (40} days from April 14, 1998. The Notice of Appeal must conform with all the requirements as set forth in Minnesota Statutes, Sec. 117.145. Attention is called to the fact that this is merely a nouce of the awazd of the Court-appointed Commissioners, and in no way shall it be considered an offer nor an accegtance by ihe State relative to said awazd. The appeal period expires as of May 24, 1948. Sincerely, ��QGG II � ` Merritt Linzie, ,. irebt'or Office of LancfManagement 1�3ote: If you have executed an Agreement to the Amount of the flward and Waiver ofAppeal Therefrom, or have otherwise agreed to the amount of this award, the above provisions with regard to appeal and the appeai period do not apply. Minnesota Department of Transportatian Transportatian 8uilding 395 John ireland Boufevard Saint Paui. Minnesota 55155-1899 An equ2i coportunity empioyer �' � As to the lands described as Parce1390, S. P. 6280 (35E=390} 904: Richazd E. Eitei City of St. Paul Srate of Minnesota for Coanty of Raznsey Bertha Spreigl State of Minnesota Department of Natural Resources NONE NONE The above award is made an the basis and condition of a settlement between the parties and incIudes all costs, interest, and disbursements. The above award is made on the basis and condition that atl claims made in the case of R;�harn F Fitel v Citv of St Pau1 ��' � corooration and the State of Mitmesota. �,PfPn ants �nd Third Parh, Plain�� Vc o� tv of Ramsev 'Chird-Partv Defe*�dant IZamsey County Court file no. C2-92-0 I I924, are settled and resolved with the filing of this awazd, aad said action shaIl be dismissed with prejudice. The above award assumes that the above-referenced property is free of all poilutants, con+�m;n�ts and hazardous wastes. This commission has not assessed aay damages for the presence of pollutants, contaminants, and ha2ardous wastes on the subject property:� This awazd is made with the express understanding that the peritio¢er, State of Minnesota, has reserved all rights to recover damages, testing costs, and clean-up cost5 attributable to the existence of pollutants, contazninants, or hazardous wastes on the property from the respondent in a separate legai acrion. The commission has not considered the impact of poliutants, contaminants, and ha�ardous wastes on the fair market value of the subject properiy eitiier before or after the taking ) ) ) ) � 350.00a ) ) } ��- �_ � � in its assessment of damages. �� a The above award is made on the basis and condirion that all real estate taxes due and payable in 1498 or in prior yeazs aze the responsibility of the owner and that ali delinquent taxes, unpaid speciai assessments and future installments thereof are also the responsibility of the owner or lessee herein. The above award is made on the basis and condition of a change in the taking which reduces the taking to the lands described in E�ihit A attached hereto. The above award is made on the basis and condition that the State of Minnesota will convey to Richard E. Eitel, without fiuther consideration, its easement over the lands described in attached Exhibit B. The above award is made on the basis and condition that Richard E. Eitel shall provide to the State of Minnesota an option to purchase, for one dollar, the easterly forly feet of the lands described in Exhibits A and B attached hereto, said easterly forty feet being specifically described in Exhibit C, attached hereto. � Excepting all minerais and reserving to State of Minnesota, Departrnent of Nattual Resources, owners of the minerals, iheir heirs, successors, and assigns, the rights, and privileges to explore for, mine, and remove the minerals, but only in such manner that will not interfere with the use of said land for highway gurposes or with the safe and continuous operation of any public highway thereon, provided the mineral owner reserves the right to relocate ihe highway at the mineral owner's expense pursuant to Minn. Stat. § 160.10 as such may be amended. y�-v� AG:428�� vl SEtiT BY��V/DOT LAIVD M�l'AGEMEN'T� 4-27-98 March 13, '1998 62803SQ.904 12�49 : � U11Lll11N � FEE ACQUISITlON DESCRIPTIQN FOR STIPULA710N Parcel 390 C.S. 628Q (35E=390} 904 f'hat part of Tract A describad below: Tract A. The West Half of the Northeast Quarter of the Northeast Quarter of Seciion �9, Township 29 North, Range 22 West, Ramsey County, Minnesota; except that part taken for street; atso except that part Iying south of Wheelock Parkway and west of a line formed 6y the easterly line of Lot 6, Block t 1, Dawson's Lake ComQ and Phalen Avenue Addition fo the City of St. Paui, extended north to Wheelock Parkway, the title therefo being registered as evidenced by Certificate of Title No. 31383; which lies southerly af a tine run paralie! with and distant 155 feet southerly of the north line af said Section '!9 and westerly of a line run parallei with and distant 340 feet westerly of Line 1 described beiow: Line 1. Beginning at a point on the north line of said Section i 9, distant 740.2 feet west of the northeast corner thereof; thence run southerly at an angle o€ 92 degrees 14 minuYes 00 seconds from said north section line (measured from west to souih) for 600 feet and there terminating; contairting 1 A6 acres, more or less; together with all rights of access, being the right of ingress to and egress from that part of Tract A hereinbefore described, not acquired herein to Trunk Highway No. 35E. � �xxaszT A SE\T BY�tr1V/DOT LAND t�`i.ANAGEMF.R�T: 4-27-98 ; 12�49 ; � March 13, 1998 6280390 DESCRIPTlON FOR RECON1fEYANCE Parcei 396 C.S. 6280 (35E=39�} 904 u That part oi Tract A descrihed beSaw: 6122283261:» 3! 4 c� $-�/Z/ Tract A. The West Haif of the Northeast Quarter of the Northeast Quarter of Section 19, Township 29 NoRh, Range 22 West. Ramsey County, Minnesata; except that part taken for streef; also except that part lying • south of Wheefock Parkway and west of a fine formed by the saster(y line of Lot 6, Biock 11, Dawson's Lake Como and Phalen Avenue Addition to the City of St. Paul, extended north to Wheelock Parkway, ihe title thereto being registered as evidenced by Gertificate o( Title No. 31383; which lies between two lines �un parallel with and distant 45 feet and 65 feet southerfy of the north line of said Section 19 and distani 34� feet wester(y of l.ine 1 described betow: Line 1. Beginning at a point on the north iine of said Section �9, distant 740.2 feet west of the no�theast corner thereof; thence run southeriy at an angle of 92 degrees 74 minutes 00 seconds trom said �orth section line (measured from west to south) for 600 ieet and there terminating; containing 0. i 1 acre, more or 4ess. EXHSBIT B SF11T BY�MNlDOT LAhD MAV�GEMENT: 4-27-98 March '13, 1998 6280390 iz�so : � �1��d��l.� 11 I i DESCRIPTtON FOR QPTION Parce1390 C.S. 628Q (35E=390) 904 That part of Tract A described below: Tract A. 7he West Half of the Northeast Quarter of the Northeast Qua�ter of Section 19, Township 29 North, Range 22 West, Ramsey County, Minnesota; except that part taken for street; atso excepi that part lying soutt� of Wheelocic Parkway and west of a(ine formed by the easteriy line Df lot 6, Block 11, Dawson's Lake Como and Phalen Avenue Addifion to the City of St Paut, extended north to Wheelock Paricway, the titie thereto being registered as evide�ced by Certificate of Tiile No. 31383; which lies between two lines run para!!e( with and distant 45 feet and 155 feet southerly of the narth line of said Section 19 and between lines rua parallel with and distant 340 feet westeriy and 380 feet westerty of Line 7 described be(ow: Line 1. Beginning af a point on !he north line of said 5ection 19, distant 740.2 feet west of the nottheast corner ihereof; thence run snutherfy at an angte of 92 degrees '14 minutes 00 seconds from said north section tirte (measured from west Ea southj for 600 teet and there terminating; containing 0_1� acre, more or less; tngether with aU right of access, being the right of ingress to and egress from that part of Tract A hereintiefore descritred, not acquired herein to Trunk Nighway No. 35E and to l.arpenteur Rvenue. � £XHIBIT C Covncil File # U 7 Z 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 i? 18 19 20 21 22 23 Presented By Re£erred To Green Sheet # ��0 RESOLUTION � / CITY OF SAINT PAUL, MINNESOTA Committee: Date PRELIlYIINARY AND FINAL PLAT FOR EMERALD ESTATES WIIEREAS, Kevin Tranm� Construction has submitted the attached preliminary and final plat far a si�een (16) lot single family home subdivision for approval by the Saint Paul City Council; and WHEREAS, the appropriate city departments have reviewed the plat and found it to meet the requirements of Chapter 67 of the Saint Paul Zoning Code; and WIIEREAS, notice of the public heazing before the Saint Paul City Council was duly published in the official newspaper of the city on Apri122, 1998 and notices were mailed to each owner of affected property and properiy situated whoily or partly witlun 350 feet of the subject property; and WHEREAS, a public hearing before the Saint Paul City Council was held on May 6, 1998 at which atl interested parties were heard, the council having considered all of the facts and recommendations concerning the plat; NOW, THEREFORE, BE IT RESOLVED, that the Saint Paul City Council accepts and approves ihe attached preliminary and final plax for Emerald Estates by Kevin Tranun Construction, subject to flie following condition: 1. The final plat allows sixteen (16) lots for sixteen (16) single family homes. Approved by By: YO Adogted by Council: Date �C � Form �oved 6y City Attorney Adoption Certified by Council Se etary B y/y�y n n , ( � FOF �cS' �7�� 7�� GREEN S E IN INITIAVDATE — DEPAFTMENT�IRECT O CRV fAUNCIL CT'ATTORNEY ..1.5' �GITYGLERK BUGGET O(RECtOR� � FIN. R MGi SERVICE O�IR, MAIDR{ORASSISTwv�� ir�f` T'.! —�"_f>"'s.— TOTAL # OP SIGNATURE PAGES I (CUP ALL IOCATIONS FOR SIGNATURE) Adopt resolution to fmalize council action taken pn May 6, 1948, for preliminary and fmal plat approval of Emeraid Estates for a 16 lot single family home subdivision at 895 McKnight Road (west side between William Tell Road and Valley View Place). °`�"�""•"•"•��"�'•°. "'" `�' "' °°'°'"` �°� PERSONAL SERVICE CONiRACTS MUST ANSWER THE FOLLOWING QUESTIONS: _ PLANNING COMMISSION _ CIVIL SERVICE COMMISSION i. Has this personffirm ever worketl unGer a conirect for this department? _CIBCOMMITTEE _ YES �NO .� STA� _ 2. Has this personXirm ever been a city employae? YES NO _ DISTflICTCOURT ._ 3. DO8Si11iS personxirm possess a skil� not nmma�ry possessetl by any currerrt city employee4 SUPPoRTS WHIGH COUNqI O&IEGTNE4 YES NO 1'�V�� Ezplein ell yes enswera on seperate sheet enC etteeh to green sheet WhaL When, Where, WYry): Adopt resolution to finalize council approval of the preliminary and fmal plat for Emerald Estates. Approval is necessary to allow recording of the new plat and to allow individual sales of each lot. iF APPRWED: Subdivision of the properly into 16 lots will allaw the individual sale oP each lot and provide another housing option for buyers. None. 'I`,'i�7 N1A1' 1 1 199� ;�i�Y�E�'S OFFfG� �U39�� $��9u!`C� ��?�P � �.�.�� Applicant could not develop property as intended. Ya I?.: � �• - 1 Y ` � t �� n�'."ffi �' "t x� ��c... ' h �'.�� $ �a ��i63 _ �AY 0� 199$ �� 41 AMOUNT OF TRAN5ACTION $ COST/REVENUE BUDGETED(CIRCLE ONE) YES NO 71LAG SOURCE �GIAI INFORRFATION: (EXPIAIN) DEPARTMENT OF PLANNING & ECONOMIC DEVELOYMENT CITY OF SAIN'f PAUL Narm Colemarz, Mayor April 17, 1998 Ms. Nancy Anderson City Council Research Office Room 310 City Hall Saint Paul, Minnesota 55102 Dear Ms. Anderson: KEVIN TRANIM CONSTRUCTION #98-052 Consider preliminary and final plat approval to allow the property to be subdivided into 16 lots for residential development. : _. / � Telephone: 672-2b66565 Facsimile: 6Z2-228d314 I would like to confirm that a public heazing before the City Council is scheduled for Wednesday May 6, 1998, for the following zoning case: �/i c� : File Number: Purpose: Address: 895 McKnight Road (west side batween William Tell Road and Valley View Place) Divisian of rrmuang 25 West Faurth SYreet Saint Paul, MN55102 Legal Description of Property: Lots 2 Yhrough 7, Block 1; Skyline Overlook My understanding is that this public hearing request wili appear on the agenda for the April 29, 1998 City Council meeting and that you will publish notice of the hearing in the Saint Paul Legal Ledger. Please call me at 266-6582 if you have any questions. Sincerely, Kady D dlez City Planner cc: File #98-052 Paul Dubruiel Pattie Kelly �>.;:, -<�:.c�, _ . - -.�,`�_, �'�� r� 5��v }:1're ,� • r�sr aunt • NOTiCE OF PLtSLiC HEARIIVG The Saint Favl (,7ty Council will conduct a publlc heazing on Wednesday. May 6, 1998 at 5:3Q p.m. in the C[ty CouncIl Cham6ers. Third Floor CiYy FIall-Court House. to consider the application of Aevin 1Yamm ConsWCtlon for a prelinunary and flnal plat to allow� the properry at 895 McKnight Road (west side behveen Wi3liam Tell Road and Vailey V'iew Place) to be subdi�zided into 16 lots for residentlai development. Dated:Aprfl?A.2988 . - - NANCYANDERSON - -- - Assistant Cl'ty Covndl Secretarg � . . fAmi122. 1998) DEPARIMENT OF PLANNING & ECONOMIC DEVELOPMENT Pamelrz Wheelock Director � . . G'ITY OF SAIN"I' PAUL Norm Caleman, Mayot Apri129, 1998 Ms. Nancy Anderson Secretary to the City Council Room 310 City Hall Saint Paul, Mionesota 55102 zs wesr Fo,�.rn sNee� Salrse P¢u2, � 53ZQ2 98-�a� Telephone: 612-266-6565 Facsimile: 612-128-3314 RE: Zoning File #98-052: KEVIN TRAMM CONSTRUCTION Preliminary and Final Plat for Emerald Estates 895 McKnight Road South (west side between William Tell Road and Valley View Place) City Council Heazing: May 6, 1998, 530 p.m. Ciry Council Chambers PiTRPOSE: To considar a praliminary and final plat request by Kevin Tramm Construction to allow the praperty at 895 McKnight Road South to be subdivided into 16 lots for residential development. . Dear Ms. Anderso�: Kavin Tramm Construction has submitted an application for praliminary and final plat approval for subdivision of the properiy at McKnight Road into 161ots. The properry is cuirently vacant and is being prepazed for single family residential development. Attached aze the staff report and preliminary and final plat for your consideratiom This application meets all subdivision requirements and staff recommends appmval of the preliminary and final plat. This item is scheduled to be heazd by the Saint Paul City Council on May 6, 1998. Please call Kady Dadlez of my staff at 266-6582 if you have any questions. Sincerely, � � �� Ken Ford Planning Administrator Attachments cc: CiTy Council members �8-�a� � PLAT STARF RBPORT ________ FILE #98-052 1. APPLICANT: KEVIN TRAMM CONSTRUCTION DATE OF �aT+T�G: Sf6/98 2. LOCATIOPI: 895 MCKNIGHT ROAD SOUTH (west side between Wm. Tell & Valley View) 3. L&GAL DBSCRZPTION: Lots 2 thru 7 Skyline Overlook 4. PRESSN'P ZONI23G: R-1 ZOITING COD& REFERENCE: §67,405 &�67.406 5. STAFF INVESTIGATION AND RSPORT: DATE: 4/27/98 BY: Kady Dadlez ______________________� ________ = � ________== � ==6_______________________________ ____ ° ___________�_===== 0 = A. PvRPOSE: To consider preliminary and final plat approval for Emerald Estates proposed by Kevin Tramm Construction. The plat will create sixteen (16) lots for single family homes. B. SITS & AREA CONDITIONS: The property is approximately 6.9 acres in siae and is vacant, except for Lot 16 which kas a single family home on it. The • property is occupied by scattered trees and vegetation. The site rises from McICnight Road and has gentle slopes with a rolling terrain. The property is surrounded on the north, south, and west by single family homes in an R-1 zoning district. To the east is residential development in the City of Maplewood. C. HISTORY AND BACKGROIIND: The subject property, along with one lot to the north and one 1ot to the south, was platted in 1995 to create eight lots measuring 82 feet wide and 614 £eet deep. The appliaant is proposing to replat six of those lots to create a 16 lot subdivision. D. DISTRSCT COL3NCIL RHCO2RQ8NDATION: The District 1 Community Council voted to suppor� the preliminary and final plat. E. 1. The applioant intends to subdivide a 6.9 acre site into 16 lots £or single family residential development. The applicant owns five of the six lots being subdivided and has a contract to purchase the other lot. The owners of that lot consent to their property being included in the plat. 2he subdivision will consist of two lots with frontage on McKnight Road measuring about S2 feet by 614 feet, with lot areas of more than 40,000 square feet. one of these lots already has a house on it. The remaining lots in the subdivision will have frontage on a new street, Emerald Lane, and consist of lots ranging in size from 10,700 to 18,000 square feet. Zoning File #98-052 Pege Two 2. Section 67.406 0£ the zoning code, Review of Divisions of Land, states that Lhe following findings must be met prior to approval of a subdivision: a. AII tke app2icab2e provisions of the Legislative Code are complied wi tfi. This finding is met. City staff have reviewed the proposed plat and determined that it meets all requirements and standards_of the City: b. The proposed subdivision mi1S not be detrimental to the present and poteatial surrouadiag Iaad uses. This £inding is met. The property will be developed with uses compatible to the surrounding area, which are residential in nature. c. The area surrovndiag the subdivision caa be plaaaed aad developed ia � coordiaatioa aad compatibility with the proposed sabdivision. The area surrounding the subdivision is largely developed for low density residential uses. The proposed plat and future uses are compatible with respect to those Sand uses. • d. The subdivisioa is ta cottformaace with the Compreheasive PZan. � This finding is met. The Land Use Plan calls for residential use and the property is zoned R-1, low density single family residential. The main housing recommendation of the District 1 Plan states, •`The District 1 Community Council recognizes that this is one of the last areas of the city where needed housing can be built. District 1 will work with developers to ensure good development, but will generally oppose rezonings to higher densities." p.ii e. The subdivisiou preserves aad 3ncorporates the site's importaat exisEing natural features, mkenever possible. This finding is caet. Tree preservation and erosion control plans will need to be submitted and approved before permits for grading and road construction can be obtained. Tree preservation wi11 be done in two phases for this subdivision: 1) one preservation plan for grading and road work for the subdivision, and; 2} when houses are built on individual lots a tree preservation plan wiZl be required as needed for each lot. A permit from the Ramsey-Washington Metro Watershed District will also be required to ensure that erosion and sedimentation are adequately controlled during and after construction. ` f, AS1 Iand iateaded for buiSdiag sites eaa be used safely witlxout endangeriag the residents by peril from fZoods, esosion, conEinuousSy hfgh water table, severe soiI conditioas or other meaace. � � .. . Zoning File #98-052 Page Three The land can be safely developed and used for residential purposes as intended without endangering residents. Tree preservation plans and erosion control plans will be required befare permits for grading and street construction can be approved. Tree preservation plans wi11 also be required as needed as each individual lot in the subdivision is developed. . g. The subdivision can be ecoaomicalIy served witlx public facilities aad sezvices. The lots will be served by public facilities and services accessible from McFtnight Road. The applicant will need to obtain an ordinance permit from the city to construct the roadway and utilities. Public Works made the following comments regarding the roadway and utilities: 1) the roadway widths , cul de sac radius, and right-of- way widths are acceptable; 2) crest vertical curve on the roadway shall meet a 30 mile per hour design speed; and 3) storm sewer location will need to be revised. In addition, Public works commented that street lighting and boulevard trees must be installed as part of the project. Since the storm sewer in McECnight Road is owned by Ramsey County, the applicant will need to obtain permission from the county to connect . to it. In addition, the applicant will need to obtain permission from Ramsey County for the Emerald Lane street opening and any driveway openings on to McKnight Road. The proposed utility and grading plans submitted with the plat are incomplete and are not approved as part of the plat. F. 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'""'"",. : �.; . _ ;; __ , : .';.�.-; _"_ . ::.- ,::::.. , `' ; ( `: ; ; :�` _.� _ - � ;� � i CJ y8-ya� SUBDIVISION REViEW APPLICATION � � Department of Ptanning and Economic Aevelopment Zoning Section II00 City Ha11 Annex +�� 25 West Fourth Street 5aint Paul, MN SS102 266-6589 APPLICANT Address �1V1LDf't•CWE12. Cd)t��2.T c�t stMN z; Daytime phone S1� Name of owner (if Contact person (f • •.. - . _ . 'uC��l(A�7E`��r�i�il�!G`� F . . _. _ . - . .. . - �-�. ..� • . . � (attach additiona! sheet if necessary) v� z � W z � � � a � 0 � � U E" Y .� t/� �' ,� W � � 6 Cf a C� � � w Q ^ a L•a (� ` F � �� m � � �. (1 M � O {�.1.{ � � � E p, � U W 2 t S 1-- � ¢ 3 Y < t- ` w J LL O d < d w 6 0 J 4 ¢ F W —�--- I�� l�`dU�� nww o��n ,a,is ��uas� x.3 L� �'I � � N `' � 1 1 � � � J I _-. — O tlii a F- w - 1' �i� � z - W -� � � a � x � � � F �� ' o �, �� -- ;=. �.�s -� I .� N < V i- > � w N s K N � w J N N S O �� t�ii� _ (•�i� .. � �� `�u�a4 x 4y W� „ �9�'.�� u ' �o Yk'm � �� -I- � = � � � -----� i un r��.� ; �„' � i;-� W L�I J U� C � I � ri � � � ' Figq : ll%i^Ti Hl1IL� 8�3i.SQFa rraTt ru. ..+... ..-- "__ uf1t9"t�r� � q{(,'p�ECCL t0 �iC T{7:T6eL`'ayadSsnatPsul ' F& I�s �d Shidey�Y ; F.E:F�a13Estases . i DT: Ap�323, 2998 � � 1 � ziz sova sssms�eese=ai P�4��t!YKe uc�e�iyea5lemyom' �1 / � ! ( -,- sszins .tssvaws�wob3 91=60 es I • � • s.�i�r p,L� � Al1AA INTER—DEPARTMENTe1L MEMO CITY OF SAINT PAUL Narm Coleman, Mayor RogerRyan Zoning Office, 1100 City Hall Annex DEPAR'TMENT OF PUBLIC WORKS Stacy M. Becker, Direcror FROM; linda Dickhu� PW/ Right of �hlay Division, SOQ City Hall Annex DATE: Apri! 8,1998 SUBJ: EMERALd ESTATES Preliminary and final plai The Departmant of Pubiic Works has compieted its review of the above referenced piat, and has the following comments. 1. Due to the plat being a replat of a recently recorded pfat with ties to government corners shown, it is not necessary to show them again, as long as some found monumentation is shown that would control the location of the plat. 2. If on this piat there are nof any found monuments shown from the first plat, then ties to government corners will need to be shown. 3. This plat wiil be subject to review by the Ramsey County Surveyor. 4. The property owneddeveloper wiil need an ordinance permit to construct the roadway and utilities. The following requirements pertain to the ordinance permit. a) The roadway widths, cul-de-sac radius and right-of-way widths are acceptab(e. b} Crest vertical curve on the roadway shall meet a 3D mph design speed. c) Storm sewer location will need fo be revised. 5. SVeet lighfing and boulevard trees must be instalied as parf of fhe project. Caii Ken Tailion at 266-6215 for street lighting standards and specifications. Call Greg Reese at 488-7291, e�. 306 for boulevard tree planting requirements. 6. The storm sewer in McKnight is owned by Ramsey County and wili require their permission for a connection. 7. Permission from Ramsey County Public Works must also be obtained for the Emeraid Lane street opening and any driveway openings onto McKnight Road. LD c: Tom Beach, Dave Ciaypooi, Pete Galiagher, Greg Reese, Paai St.Martin, Ken Taiilon Responsive Servires • Quality Facilities • Employee Pride � - q8-y�� . OFFICE OF LICENSE, INSPECTIONS AND ENVIRONMENTAL PRQTECTION Roberi Kessles, Dvedor SAINT PwUi � AAAA CIlY OF SAINT PAUL 672-266-9090 Norm Co(eman, �Lfayar 612-2b6-9D99 BUILDlNQ INSPECTlONAND DESlG,Y 3J0 SE Pe(er Streef Suite 300 SaintPaul,Minnesota SSID2-1510 • DATE: 4117/98 TO: Kim Tramm 636-5200 FROM: Tom Beach, LIEP RE: Emerald Estates PAGES: �� Telephone: Facsfmi(e: Per our phone call this morning, you wil( need to do a couple of things before permits can be issued for your subdivision. These wi11 not affect the timing for your plat. Watershed You need to send me a copy of a permit for grading from the Ramsey Washington Metro Watershed District. Contact Cliff Aichinger 777-3665. They will be looking primarily at erosion and sediment control. Your plan should have the following information: The location of the silt fenceis already shown. You should add the attached detail. A note must be added to the grading plan stating "Upon completion of storm sewer installation, storm sewer inlets shall be protected from sediment by silt fence, hay bales or equivalent measures. Protection shall remain in place until bituminous areas have been paved and lawn azeas have been established." The attached detail for a rock construction enirance must be added to the plan along with a note stating "A rock construction entrance ta be inscalled and maintained at entrances to existing hard surface roads. Rock entrance shall be no less than 50' in length and as wide as necessary for traffia Use I" to 2" washed roc[c." A note mast be added to the pian shating "Adjacent streets and alley to be swept daily as needed to keep them free of sediment" All disturbed ground IefC inactive for fourteen or more days must be stabi(ized by seeding, sodding, or mulching. Tree preservation This site is in the St. Paut Tree Preservation District. You already have a plan showing existing trees. You need to show which trees will be affected by grading for the subdivision, steps to protect trees to remain and any replacement trees. I have attached a handout on tree preservation plans. We agreed that tree preservaYion would be done itt two phases for this subdivision: You will submit one for the grading and road work for the subdivision and when houses aze built on individual lots a tree preservation plan will be required as needed for each lot. If you have any questions, you can reach me at 2669086 (phone) or 266-9099 (fas). • e.urse.xsa�cErcon�cxivsoo.nis . � From: To: D3te: Subject: Thomas Johnson PEDD. PfiD. rya�pge ~ �,. - 4l1/98 12:21pm Emerald Estates . y s-�a� The plan for the proposed plat is ok. The plan €or the proposed water main is incomglete_ Normally the plan review process for water mains,sewers, street paving etc. is done through public works. Paul St.Martin has been the contact person in Pvblic Works for new street projects. ,� r _ • � � � 3. 4. S. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. SLTNRAY-BATIZECREEK-HIGHWOOD f3AZEL PARK IiADEN-PFiOSPERiTY HILLCREST WES'£ SIDE AAYTON'S BLUFF PAYNE-PFitILEN NORTH END THONIAS-DALE SUMMTT-UI�lIVERSITY WEST SEVENTH COil�IO HAMLTNE-MII?WAY ST. AN'T'FIONY PARK MERRIAM PARK-LEXINGTON �IAMLINE-SNELLING HAMLINE MACALESTER GROVELAND HIGHLAND � SUMMTT HII,L DOWNTOWN ZONING FtLE Q�"� CITTZEN PARTTCIPATTON PZ.ANNING DISTRIGTS ._ ��: ;=� =� }�. __-__— a:_ �---=--- :� •-- ..=–. : — �_._.... =-- q8–�a�� . -- ~ i��_ - . ��, _- __' `��-,_--:�__'____ `�=��„\, . ^ �, � ,�,.��—��`�� ' ' y ,� + _.: - -�; �" �J`?l _. ��.. e_.!.> '�...!; I ��_-�-�� °'��=�-..,�.< , ,-� . . �` ��= ` , -== ", ; `<`�� : fi� �=�� . �._�_=-r'��L-:�.,, �—' _ ��_ : - s' - � �- _ ' . � - .'•-. , ,a ,� .��-_... ��_ � ,_ _.��y� _ � _ . �, '--- ''- '-=;— - — � ,-��_ s s , : , ` fi -� _ — � ..° y...-:m:� - — e Y` �� ` _ t '^" _"'J f 5 f '� ^_--`� > � ' r f �� ( \�� y j"i '] � � � '� � � �. .r�,-�__—_� -�a /: \f/ f � _^_'r.a.v- ^�_ �'. � q � � ` .. �u!: 1 \� F it � �-�l ��, � ..:�� /- .µ� \�_ ._..' . �-: : -- -..-� ' `'�,, '_,,.� �y��J ; � - :�-�-!_ ;"`" i `�, �, �;i �� e� ( 1'� � _ �;�L � - _ � �, ,��1 ' �. . - � f ' 1 ` P_ '�,� �. :� €�:. ��,.. 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DIST_�__ Mqp � yo 0 one famiiy � a-c � hvo family 7d � �-¢ � multiple family • � n � @ r�a es � V �, r . . ~ id�¢ii V .... .S?.`... .�..�.'X ....., .t ...., ...._�.-� . _ .... DEPAR'LMENT OF PLANNING & ECONOMIC DEVELOPMENT Pamela WheeZock Director � n CITY OF SAIN'f PAUL '�' Narm Co7eman, Mayor Aprii 29, 1998 Ms. Nancy Anderson Secretary to the City Council Room 310 City Hall Saint Paul, Minnesota 55102 25 West FounB Streec Sairst P¢u7, M.N 55102 RE: Zoning File #98-027 RICHARD EITEL City Council Hearing: May 6, 1998, 5:30 p.m. City Council Chambers q �� Zelepfione: 672-266-6655 Facsimile: 612-228-3261 Pi TRPnSF.: To consider rezoning property at the southwest corner of Larpenteur Ave. and the Interstate 35-E frontage road (west side of freeway) from R-2 (single-family residential) to B-3 (general business) for the purpose of constructing and operating an auto repair facility. PLANNiNG ('OMMi4STnN RF�OMMFNDATTON: AppROVAL vote: unanimous � 90NING COMMT7"1'�RF,COMMFNn TA TON: ?,ppROVAL vote: 7-0 RTAFR RRC'nMMFNDATTON: t1PpROVAL �T TPPORT: No one spoke. District 6 Planning Council voted to support the rezoning. One letter of support received. nPPOSTTTnN• No one spoke. One letter in opposition received. Dear Ms. Anderson: RICFIARD EITEL submitted a petirion to rezone properry at the southwest corner of Lazpenteur Ave. and the Interstate 35-E frontage road (west side of freeway). The Zoning Committee of the Planning Commission held a public hearing on the proposed rezoning on March 19, 1998. The applicant addressed the committee. At the close of the public hearing, the committee voted 5-2 to recommend approval to rezone to B-2. The Planning Commission discussed the application at its meeting on March 27, 1998, and referred the application back to the Zoning Committee for further discussion. On April 2, 1998, the Zoning Cvmmittee voted 7-Q to recommend appmval of the rezoning. The Planning Commission upheld the Zoning Committee's recommendation for approval on a unanimous vote on April 1Q, 1998. This proposed rezoning is scheduled to be heard by the City Council on May 6, 1998. Please notify me if any member of the City Council wishes to have slides of the site presented at the public hearing. Sincerely, l� .t Donna Drummond Ciry Planner Attachments cc: City Councilmembers �. . r� � city of saint pau! planning comm�ssion resolution file number 98—Z6 �te Apri1 1Q, 1948 �VHEREAS, RICHARD E. EITEL, File f 48-027, has petitioned to reaone the south�vest comer of Larpenteur Avenue and the Interstate 35-E frontage road, a vacant parcel of approximately 1.68 acres, situated between Lacpenkeur Avenue and Wheelock Parkway, from R-2 (single-fami3y residential) to B-3 (general business) for the purpose of constructing and operating an auto repair facility; and WHEREAS, the Zoning Committee of the Planning Commission on March 19 and April 2, 1998, 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 Section 64.400 of the Saint Paul Legislative Code; and ' WHEREAS,'the Saint Paul Planning Commission, based on the evidence presented to its Zoning ,Commiftee at the public hearing as substantially reflected in the minutes, made the following findings of fact: ' 1. . Richard E. Eitel is the contract purchaser of the properry. The State of Minnesota is listed as the •--fee owner, �and Mr. Eitel has been paying Ramsey County, which holds the property in trust for . the state, annual installments toward the purchase of the property. The City Attorney's office has advised that both the State of Minnesota as fee owner, and Ramsey County as trustee, must sign a waiver of any interest in the rezoning, or altematively, Mr. Eitel must pay off the contract. The City Attomey's office recommended that the Zoning Committee consider the petition, with the understanding that these waivers he received by the City or Mr. Eitel complete purchase of the property before final action is taken by the City CaunciL Subsequently, Mr. Eitel indicated that he paid off the contract with the county on March 31, 1998 to become the fee owner of the property. 2. Mr. Eitel intends to construct and operate an automobile repair facility on the northem 90 feet of the property, the portion that fronts on Larpenteur Avenue. He has also stated that he will be acquiring 20 feet of Larpenteur Avenue right-of-way from the state for a total of 110 feet to be developed. kIe intends to sell the remaining property, the southem 195 feet of the 3ot, to the - State of Minnesota to accommodate stormwater runoff from Interstate Highway 35-E. The rezoning petition is requesting that the entire property be rezoned to B-3, including the 20 feet of Larpenteur Avenue right-of-way. The State of Minnesota, as represented by 14fr. Louis K. Robards, Assistant Attomey General, has co-sio ed the rezoning application as fee owner for the 20 feet. His leiter of March 18, 1998, describes the pending purchase by the state of the southem portion of the site, and the reconveyance of the 2Q feet adjacent to Larpenteur Avenue to Mr. Eitel. moved by Field seconded by in favor Unanimous against Zoning File #98-027 Page Two of Resolution 3. The purchase by the State of Minnesota of the southem 145 feet of the lot and the recoaveyance of the 20 feet of Larpenteur Avenue right-of-way to Mr. Eitel from the state will become finalized when the condemnation award is filed in court by the state. Mr. Robards of the StaYe AYtorney General's office has indicated this will occur by April I5, 1998. When that occurs, Mr. Eitel will na longer own the southem portion, therefore it should be removed from Yhe application for rezoning. The state's condemnation action will create a separate lot or parcel. Only the remaining parcel, which Mr. Eitel will own, should be considered for rezoning from R-2 to B-3. 4. Section 60.544 (18) of the Zoning Code permits automobile repair facilities as permitted uses subject to special conditions in the B-3 zoning district. The proposed site has the potential of meeting atl of the required conditions related to minimum lot size, landscaping, indoor repair work, and outside storage. the rezoning is approved by the Ciry Council, a special condition use permit will be required. The planning commission amended its rules of procedure in 1984 (Resolu[ion 84-23) to delegate autharity for the approval of special condition use permits to the pIanning administrator in cases where public hearings have been held in which the commission has recommended, and the city council has approved, a rezoning specifically For a special condition use. The use of the properry for an automobile repair facility must meet all the required conditions relaTed to minimum lot size, Iandscaping, indoor repair work, and outside storage. In addition, the following additional conditions should be required: r1 � a. Only customer vehicles and employee vehicles of the permittee may be parked on the lot. This condirion is intended to prohibit long tenn stocage of vehicles . on the loY. b. All vehicles pazked outdoors on the 1ot shall be completely assembled with no parts missing. Vehicle saIvage is not permitted. � 5. The rezoning is consistent with the comprehensive plan. Goals and objectives of the District 6 Plan include the following: to encourage the development of new housing and businesses (p. 21). In addition, the Economic Development Strategy includes: 1) Objective #6, "ensure sufficient land for future business growth"; Z) Policy #25, "the city's land use plan should provide adequate land for industrial and commercial development and expansion in order to increase the proportion of commerciaUindustrial taac base"; and 3) Policy #29, "the ciry shouid periodically review its zoning regulations and amend them as necessary to keep current with technoIogicai and economic changes affecting the nature of business activity" (pp. 17-18). 6. The rezoning is consistent and compatible with the way the area has developed. Across Larpenteur Avenue to the norfh of the site is a gas station, which is in Maplewood. The freeway frontage road and Interstate 35-E are to the east. The southem edge of the site fronts on Wheelock Parkway, and across Wheelock aze the piayfields for Mississippi Creative Arts Magnet School. To the west of the site are residential uses along Wheelock Parkway and vacant tand zoned residential along Larpenteur Avenue. In addition, there is a si� i6cant amount of traffic in the area. Larpenteur Avenue carries 13,625 vehicles per day; the freeway frontaae road carries 6,82� vehicles per day; Interstate 35-E carries 135,225 vehicles per day; and �Vheelock Parktvay carries 5,000 vehieles per day. Given this level of traffic, residential development of this site seems nnlikely, and rezoning to allow commercial development is compatible �vith the way the area has developed. The rezoning will not have an adverse impact on adjacent properties if appropriate landscaping q 8-�# � • Zoning File #98-027 Page Three and screening is installed on the west side of any development of the property to shield the residential uses there. There will not be any immediately adjacent residentiai uses, however, because the state is also in the process of acquiring the eight platted lots immediately west of the sub}ect praperty (Lots 12 through 19, Dawson's Lake Como and Phelan Avenue Addition). S. The applicant submitted a sufficient petition of two-thirds of the property owners within one hundred (100) feet of the property stating support for the rezoning (three parcels eligible, hvo required, and two signed). NOW, THEREFORE, BE IT RESOLVED, by the Saint Paul Planning Commission that the petition of RICHARD E. EITEL, to rezone properry at the southwest corner of Larpenteur Avenue and the Interstate 35-E frontage road, a vacant parcel of approximately 1.68 acres, situated between Laipenteur Avenue and Wheelock Parkway, more particularly described as Section 19 Township 29 Range 22 subject to Highway part of the west 1/2 of the northeast 1/4 of northeast lf4 north of Wheelock Pkwy in Section 19, Township 29, Range 22, plus an additiona120 feet immediately north of previously described site (e�ctly described in the file), from an R-2 (single-family) zoning classification to a B-3 (general business) zoning classification is consistent with the Comprehensive Plan for the City; however BE IT b'iJRTHER 12ESOLVED, that the Saint Paul Planning Commission does hereby recommend to the Council of the City of Saint Paul that only the northem 110 feet of the property located at the southwest comer of Larpenteur Avenue and the Interstate 35-E frontage road, a vacant parcel of approximately � 26,400 square feet, situated beh�een I.arpenteur Avenue and Wheelock Parkway, be rezoned from R-2 to B-3, gending finalization of the purchase of the southem l85 feet by the State of Minnesota and reconveyance o£the 20 feet of Larpenteur Avenue right-of-way to Mr. Richard Eitel, and receipt of the descriptions of the two separately described properties from the State of Minnesota prior to final City Council approval, in accordance with the information for the rezoning on file with the Saint Paul Department of Planning and Economic Development. q8-ya� � � LJ Saint Paul Planning Commission City Hall Conference Center 15 Kellogg Boulevard West A meeting of the Plannin� Commission of the City of Saint Paul was held Friday, April 10, 1998, at 8:3Q a.m. in the Conference Center of City Hall. Commissioners Present: Commissioners Absent: Mmes. Duarte, Engh, Morton, Nordin, Treichel, and Wencl and Messrs. Field Jr., Gervais, Gordon, Johnson, Kramer, McDonell, Nowlin and Sharpe. Mmes. *Faricy, *Geisser, Maddox and Messrs. *Chavez, *Kong, *Mardell, and *Vaught. *Excused Also Present: Ken Ford, Planning Administrator; 7ean Eirkholz, and Roger Ryan, Department of Planning and Economic Development staff. I. Approval of Minutes of March 27, 1998 MOTiON: Commissioner McDonetl nroved approval of tl:e minutes of March 27, I998; Commissioner Treichel seconded the n:ation whicla carried unanimnusty nn a voice vote. II. Chair's Announcements Chair Morton announced the unexpected resignation of Roger Ryan, who has worked as a City Planner for the City of Saint Paul for 36 years. Chair Morton read a resolution of thanks in his honor. �. Ryan aclrnowledged that he is happy to retire, but will sincerely miss coming to Planning Commission meetings and Zoning Committee meetings; and he will miss working with all its members on the various issues throughout his years with the City. Commissioner Wencl assured Mr. Ryan that he will always be welcome at Zoning Committee meerings. She thanked Mr. Ryan for his work throughout the yeazs. Commissioner Field echoed Commissioner WencPs comments. He added that Mr. Ryan's history and lmowledge of the zoning code will be greatly missed. He asked Mr. Ryan to consider, at some time, being a member of the Planning Commission. MOTICIN: Contmissioner Fietd moved approval of the resolutior:; Commissioner Nordin seconded the motion which carried unanimously on a voice vote. Chair Morton urged members of the Planning Commission to tum in their completed forms that came in the latest packet to Jean, if they have not already done so. III. Planning Administrator's Announcements � Mr. Ford noted that PED staff is very sorry to see Roger Ieave, but are very happy for him and think that his retirement is very well deserved. Mr. Ford announced a retirement dinner for Roger Apri124, 1998, and he encouraged ail members to attend. Mr. Ford reminded Commissioners that at their last meeting they took action to express ttteir opinion on a proposal before the City Councit that would waive fees for distact councils when they fiIe appeals of decisions by the Planning Commission, the Zoning Administrator, or the BZA. He stated that the proposal failed this week at the City Council meeting on a vote of 4- 3. Mr. Ford announced that Mr. Larry Soderholm wiII be stepping in where Roger Ryan has been to help guide the zoning function in PED. That wilI mean some oYher changes for the rest of staff for fmishing the Comprehensive Plan and other tasks. Mr. Ford announced that Mr. Soderholm has just retumed from the annual conference of the American Planning Associarion in Boston and reported that there is a great deal of interest and concern about things that the Planning Commission and planners are talking about here. He asked Lacry to give a brief report at this rime. Mr. Ford informed Commission members that he �vill be leaving now to attend a hearing elsewhere and that Mr. Ryan will be staying in his glace. Commissioner Gordon asked Mr, Ford if the City Council gave a reason with respect to rejecting the fee waiver. Mr. Ford replied that one member expressed that there is no reason district councils shouid be singled out from others who make applicarions for appeal, and that he had not had any conespondence or requests coming from district counciIs supporting the � idea. Others expressed that there was no reason for singling out district councils and if we did singie them out, then who else ought to have some special treahnent. Mr. Soderholm reported on the American Planning Association's Annual Conference, which took place in Boston. He stayed in Brookline, an inner suburb of Boston, and rode the "green LRT Iine" to downtown Boston for his meetings. Ellen Goodman, the Boston Globe columnist, was the kickoff speaker for the opening session. She said that real Americans don't plan, and if they do, they don't admit it. She stated that the values of the American society have emphasized so much individual achievement and individualism that the American society needs to re-balance its values. Planning Commission members and planning staffs have a role to pIay in expressing the collective side of the equation. She reminded the audience, as a chronicler of the Women's Movement, that the Women's Movement started with the ideas that women would be able to advance in careers and have professional lives, and that society needed to recognize the vatue of caretaking roles that women traditionally had played. She went on to say that Americans have been much more successful at making women's careers possible than at changing the values of our society to recognize the importance of cazetaker funcrions and the worth of the commonwealth. Mayor Menino of Boston talked about his favorite projects. One of them is a new comprehensive plan they are starting called "Boston 400." He emphasized that Boston is a walldng city and Larry found out fhat it certainiy is. It's a city of history and m'viced use and beautiful parks. Boston is talking about moving Fenway Stadium or replacing it. Preservationists want to restare it. Mr. Soderholm said he was especially interested in Washington Street in Boston that runs from downtown south to Roxbury, a low income minority _ r. r � community, which Mayor Menino says will be the "Street for the next Century." It is a wide street similaz to University Avenue. Larry brought back copies of their plan. Boston also has extensive public gardens. The city leases land to a central garden organization for 99 years to have permanent public gazdens. The themes of the sessions emphasized "Iiveable communities," "walkable neighborhoods," "higher density housing," and "transit oriented design;" the same issues that we are concemed aboutin Saint Paul are being debated throughoutthe United States. A conference proceedings �vas published that contains resources and people to contact in other cities about related issues. Mr. Soderholm said that he was impressed to leam that the Dallas LRT System, which opened 18 months ago, is a great success. Retail businesses are now snapping up property on the street in downtown Dallas on which the LRT is located. Dallas is also planning village type centers around the LRT stations. Mr. Soderholm mentioned that he also leamed some things about regulating "big bos" development, an issue of concern for the University Avenue Plan. In Fort Collins, Colorado, they require a lot of little things that help mitigate the impact. The "big box" companies are somewhat sensitive to the fact that people generally dislike them. People shop there, but as a part of their community, they dislike the "big box." Wal-Mart is starting a new branch called Smal-Mart, with 4Q,000 square foot stotes that they can locate near and in downtowns. Some of the regulations that were talked about regarding "big boxes" were: 1) allowing no more than 50°10 of their parking to be between the street and the building; 2) making them wrap the parking around behind; 3) not allowing big blank walls (IYs imgortant for public safety and for � aesthetics to have doors in any facade that opens to a public street.); and 4) tiaving some transparent windows along big long walis. Mr. Soderholm promised that he would be putting together a Boston slide show for the staff and talking about some of these things in more detail. Chair Morton noted that Ms. Homans would be passing out invitations for Roger's retirement party, in case some members had not received one in the mail. IV. Zoning Committee ##9�77� Alter Tradina,s'urn., �ration - Gonclude special condition use process for a lazge metal shredder at 801 Bazge Channel Road. (Roger Ryan, 266-6574) Commiss3oner Field stated that there had been an apparent problem with the notification process. Staff recommended and the Committee concurred that this item 6e laid over to April 16, 1998. #{98-3fi Mendnta Homes inc_ - Special condition use permit to allow a cluster development with ten townhomes (five twinhomes) at the southwest quadrant of Lexington and St. Clair Avenue. (Beth Bartz, 266-6580) riQTION: Commissioner Field moved approva[ nf the special condifion use permii to allaw a ctuster devetopment with twelve townhomes (six twinhomes) ai the southwest quadrant of Lexington and SG ClairAvenue with 10 {ten) conditions, which carried unanimously on a voice vote. �-027 Rchard F.it�! - Rezoning of property at the southwest corner of Interstate 35E frontage road between Larpenteur and Wheetock Pa:kway from R-2 to B-3 to alIow constncction and operation of an auto repair facility. (Donna Dtuminond, 266-6556) Commissioner Field stated that there had been some discussion about this at the Zoning Committee because part of this property is being acquired by the State Department of Transportation. Ms. Donna Drummond approached the podium to expiain. She said that the purchase of the southern 2/3 of the property that was appiied for rezoning will be finatiaed by April 15, 1498. When that occurs, the State of Minnesota will have taken ownership of the southern 2/3 of this 1 1/2 acre property, and Mr. Eitel will retain ownership of the northern 1!3 of the property. This northem third is the portion that the Zoning Committee recommended be rezoned. The southem portion would not be re2oned. MOTiniV: Commissioner Field moved approval with coaditions of a request to reZOne ' properly at the southwest corner af Interstate 35E frontage road between Larpenteur and YVheelock Parkway from R-2 to B-3 to allow construction and operation of an auto repair facility, which carried unanimausly on a voice vote. r� LJ #9R-0�5 Profetc_iona niid�g�rvi�ec_ - Special condition use pemut to allow outdoor sales of new and used automobiles and modification of khe lot azea requirement at 1176 Dale Street North. (Donna Drummond, 266-6556) � MnTiON: Commissioner Field moved denial nf the requested special condition use permit to altow outdoor sules of new and used automobiles and modificalion of the lai area requirement at 1176 Dale Streef North ivhich carried unanimousTy an a voice vofe. #9A 051,_,TQrom T a roix and �Vitliam Dunnitan - Rezone property from RT-2 (residenfial) to B-3. (general business) at 365-367 and 371 Smith Avenue North to allow expansion of an existing auto repair and service station. (Beth Bartz, 266-5599) Commissioner Field explained that there was testimony that led the Zoning Committee to vote for a layover of this issue to April 16, 1998. �98-0� M l�vin FI�ard (Knadom Aalll - Sign area variance to allow two idenrifrcation signs (30 square feet permitted; 52 square feet requested; for a variance of 22 square feet) at 678 Aague Avenue. (Jim Zdon, 266-6559). MOTION: Cammissioner Field moved approval with conditzons of the requested sign area variance to allow a single 40 square feet identif:cation sign at 678 Hague Avenue which carried unanimously on a voice vote. Commissioner Fieid read the agenda for April 16, 1998. � 1' � MINUTES OF 7HE ZONING COMMITTEE Thursday, Apri{ 2, 1988 - 3:30 p.m. City Council Chambers, 3rd Floor City Hati and Court House 15 West Keflogg Boulevard 7�� ABSENT: Chavez, Faricy, Field, GordoR, Kramer, Vaught and Wenct Morton (excused} 98-�2� OTHERS Peter Warner, Assistant City Attorney; Beth Bartz, Donna Drummond, Pattie Ketley, PRESENT: Roger Ryan, and Jim Zdon of PED. The meeting was chaired by Commissioner Fieid. Ri�hard Eitel, File 98-027 - Rezoning from R-2 to B-3 to allow construction and operation of an auto repair facility at the southwest corner of Interstate 35-E (frontage road between Larpenteur and Wheefock Parkway). Donna Drummond referred to and expiained a Ietter received from the Attomey GeneraPs Office ot the State of Minnesota confirming that the Department of Transportation is in the process oF acquiring Lots 12 through 19 immediately adjacent to the west of the Eitel property. She said the fatest information she has from the Attorney GeneraPs Office is the condemnation award wili be filed by April '15th, and that the date it is filed is considered the date the State is in ownership of that property. Upon question of Commissioner Kramer, Ms. Drummond stated April '15th is the date the property will be spiit. � At the question of Commissioner Gordon, Ms. Drummond explained if the rezoning is approved, the applicant wil{ have to compiy with a{I guidelines set forth by the 5tate. . Ms. Drummond also referred to and explained a Planning Commission poiicy which allows staff to administratively issue SCl1Ps required for development proposed as part of a rezoning. Upon question ofi Commissioner, Ms. Drummond said tfie original packet included a letter from the Attorney Generai's Office stating there would be a condemnation award filed, and it also identified that portion of the property which will be acquired by the State. She further stated the parcel of land between east of the E+tel property and 135-E wi(1 remain zoned R-3, when there is a City right-of-way the zoning boundary extends to the middfe of the right-of-way, that the State of Minnesota owns the property for the 135-E right-of-way outright, and the frontage road is considered part of the 35-E right-of-way. Upon question of Gommissioner Wenct, Ms. Drummond explained the appiication came in for the entire property because that is what the applicant owned. She said the applicant was purchasing this property from the County, who were holding it as trustee fior the State of Minnesota. She aiso noted Mr. Eftel has paid that contract off, which she confirmed with the County Tax Forfeit Office. Ms. Drummond further stated the property is not yet divided because the condemnation award has not been filed by the State. When it is filed, the State wilf then be the owner of the property and it wili become two separate parceis. Upon question of Commissioner Vaught, Assistant City Attorney Peter Warner explained the petition is to rezone a set piece of property, and tfie Zoning Commission could recommend the City Gouncil consider rezoning to $-3 oniy that portion which the appficant wants to devefop. The remaining parcei of propeRy will more than likely r�ef be held as a drainage basin for the State of Minnesofa. Mr. Warner further stated it is his understanding that the long-term goal of the State is to eventually increase the size of 135-E in width by adding more lanes, which is why the State is progressing farther west to pick up additional property for storing stormwater from 135-E. He also referred to concern that if a new R-3 zoning district is created that an R-3 use wi(t go in that area, and said that is not likely to happen. 2oning Committee Minutes Aprit 2, 1 S98 Richard Eitei (98-027) Page Two Commissioner Kramer asked if tfie applicant would be �equired to repetition in order to rezone a smaller area, and Mr. Wamer said no and that adequate notice has been given to property owners who might be interested in this rezoning. At the question of Commissioner Wencl, Mr. Warner expiained when the government sets out to acquire a property through eminent domain they have to state a public purpose, and the public purpose is to acquire land for drainage. Chair Field said the pubfic hearing was closed on this item at the March 19th meeting, buf the applicant is present and wouid like to speak to the Gommiftee. Commissioner Vaught moved and Commissioner Gordon seconded the motion to reopen fhe publi� hearing, and roll cait was taken. Adopted Yeas - 7 Nays - 0 (The public hearing was reopened) Richard Eitei (4268 Pond View Drive, White Bear Lake, Minnesota}, appeared and presented an aeriai photograph of the property displaying the portion the State wiil be purchasing. At the question of Commissioner Kramer, Mr. Eitel expressed agreement to the rezoning being subject to the parcei heing acquired, of rezoning only the portion of land he will be keeping. IVo one appeared eifher in support or opposition, and the public hearing was closed. Commissioner Gordon moved to approve rezoning of the part of the properfy that the applicant wishes to use for the business, and the motion was seconded by Commissioner Wencl. Commissioner Kramer said it was his understanding that rezonings needed to be approved by zoning Iot and not by a portion of a lot, and Commissioner Vaught expiained by fhe time {his Committee's recommendation is before the City Counci! the lot split shauld have taken piace. At the suggestion of Peter Warner, Commissioner Gordon inctuded in his motion that at the time when the properfy is spfit, tfie legal description, which is required by the State, wiil then become tfie legal descripfion that the City Councit wili act on. This condition to the motion was seconded by Commissioner Wencl. There was no further discussion. Adopted Yeas - 7 Drafted by: Pattie Ke11 Recording Secret ry Nays - 0 Submitted by: C Cvwr� Q jL�+� Donna Drummond NoRhwestTeam Approved by: Litton Fietd Chair � r� L.._� �: _� � Saint Paut PIanning Commission City Hall Conference Center 15 Keilogg Baulevard �Vest A meeting of the Planning Commission of the City of Saint Paul was held Friday, March 27, 1998, at 8:30 a.m. in the Conference Center of City Ha11. Commissioners Mmes. Duarte, Engh, Faricy, Geisser, Maddox, Morton, Treichel and Wencl Present: and Messrs. Field Jr., Gervais, Kong, Kramer, Mardell, McDonell, Nowlin and Vaught. Commissioners Ms. *Nordin and Messrs. *Chavez, *Gordon, *3ohnson, *Sharpe Absent: *Excused L.J Also Present: Ken Ford, Planning Administrator; Jean Birkholz, Donna Drummond, Nancy Frick, Tom Harren, Nancy Homans, Patricia 7ames, Csary Peltier, Roger Ryan, Larry Soderholm, Allan Torstenson and Jim Zdon, Department of Planning and Economic Development staff; and Mike Klassen from the Department of Public Works. I. Approval of Minutes of March 13,1998 1YibTiON: Commissioner Kramer moved approvat of tlae minutes ofMarch 73, I998; Commissioner Field seconded the motio�: which carried unanimously on a voice vate. II. Chair's Announcements Chair Mofton announced that at that moming's Steering Committee the position of quadrant liaison was discussed. Mr. Ford has drafred "Expectations for Neighborhood Liaisons" to be used as a guideline. Chair Morton further announced that the Steering Committee has proposed a resolution that states the Planning Commission opposes the refund of appeal fees to applicants when presented by the community councils, in response to a resolution being presented by Councilmember Coleman which states that community councils would be refunded application fees for appeals. The Planning Commission's rationale for opposing Councilmember Coleman's resolution is that no group should be singled out to have a refund of a fee. Commissioner Kxamer interjected that he thinks iYs a waiver, not a refund. Commissioner Vaught commented that he thinks the issue remains the same. If there are agpeal fees, they should apply to everyone; if there are not appeal fees, that also should apply to everyone. Ae sees no logic for exempting a particular category of appellants from the fee, and he is troubled if appeal fees are selectively applied to particular groups or individuals and not to others. The same rules should apply to everybody. Commissioner Field noted that an individual or group of individuals, who wish to appeal may, rather appealing on their own accord, choose to pursue it through the district council just for the waiving of the fee. He ciearly thinks that it would be bad poticy to select one group for those � fees to be waived. The motiai on the flnor to submit a resolution stating that the Pla�:�:ing Commission npposes the refund or waiving of fees for appeals by communiry councils carried unanimotuly on a voice vote. Chair Morton announced that there will be another meeting of committees at the cIose of the meeting to choose different meeting dates for the Comprehensive Planning Committee and the Neighborhood and Current Planning Committee. III. Planning Administrator's Announcements Mr. Ford reported on his inquiry into the reasoning for the City Council finding enor on the part of the Planning Commission in upholding an apgeal for the Citgo sign at the service station near Snellino Avenue aad I-94. They concluded; 1) the site of the proposed sio does not constitute an unusual condi[ion. The fact that the filling station is located next to the freeway is not so unusual that the extra visibility provided by a higher sign is necessary; and 2) the greater height and greater size of a proposed sign would adverseiy affect adjacent residen[ial properties. Due to the greater height and size of the proposed sign, it's light would cast even more glare on surrounding properties. Copies of that resolution are available from Mr. Ford. Mr. Ford continued that at the last City Council meeting, there was an appeal by the applicant of the Planning Commission's deniai of a speciai condition use permit for an auto specialty store on East 7th Street. That appeal also was upheld by Yhe City Council. They concluded that they could place enough conditions on it, and the sero of autos was a limited part of what was going on there. It is limited to onIy one bay and to a very limited type of service. Most of the store was more like a retail store than an auto servicing. Also before the City Council was the appeal of the Planning Commission's denial of a determination of similar use pennit for the nursery aY the property on Point Doualas Road. That appeal was denied. IV. Zoning Committee #€98-01 t hiontcalm Res�n�e / P�t�tKg?ly (Laid over from March 5, 1993) - Special condition use petmit to allow conversion of residential structure greater than 9,000 sq. ft. As a residence for frail elderly and elderly with dementia/Alzheimers. (Jim Zdon, 26b-6559, Southwest Team) � MO��I2N: Con�missioner {i�encl moved appraval of tfte requesr for a special condition use permit to allow conversion of a residenlia! sirucfure greater than 9,000 sq. ft.,Yo be used as a residenceforfrail elderly a�td eZderly wiHi dementiaUAlyheineers with conditions. �� Commissioner Vaught noted that he voted in opposition at the Zoning Committee but will vote � in approval today. Commissioner Faricy stated that she had also voted in opposition at Zoning Committee but will vote in approval today. She researched the history and decided to change her vote because the tesidence has been vacant for one and a half years and is in disanay. The motion on the floor carried unanimously on a voice vote. #98-�27 Rich�=s1F� - Rezoning to allow construction and operation of an auto repair facility at the southwest comer of Interstate 35E frontage road beriveen Larpenteur and �Vheelock Parkway. (J7onna Drummond, 266-6556, Northwest Team) Commissioner Wencl stated that the south portion will be sold to the state of Minnesota after the rezonin� occurs. The north portion that fronts on Larpenteur wilt be used for auto repair. In 1984 the Planning Commission passed a resolution that stated that rezoned properties that also needed a special condition use pettnit could be decided by staff instead of coming back to the Planning Commission. Commissioner Kramer said that he voted against this at Committee because this property will be divided into two pieces after the rezoning. The remaining piece of B-3 progeriy will belong to the state, so we do not lmow what the ultimate proposed usz of that piece will be. Commissioner Vaught stated that he also voted against it at the committee level and he will vote against it again today if the Flanning Commission will be taking the vote today because it is � spot rezoning. Commissioner Nowlin said that he is also concerned about this case. It concerns him to put a commercial use so near to a school. He is also concerned that the policy of staff making the decision on a special conditaon use permit if a reaoned parce] needed it, may be against state law. He feels that it's very important that a special condition use permit after rezoning, be brought back to the Planning Commission so that the Commission can assure that vegetative treatment is done and that the use is properly buffered, in this case, both from the school and the freeway. L�TnTTO\T: Commissioner Fietd moved that this cttse be laid over and referred back to the Zoning Commiriee for further actian on April Z, 1993. Commissioner Kramer seconded the motion which carried unanimously on a voice vole. #9ft-D'i4 Victoria F7Q_�k - Nonconforming Use Permit to allow re-establishment of general auto repair at 951 White Bear Avenue. (Al Torstenson, 266-6579, Northeast Team) Commissioner Wencl reported that there was a great deal of discussion at Zoning Committee as to whether this had actually been an approved use in operation, etc. �TOTtON: Commissioner Wencl moved deniat of the requested nazconforming use permit to allow re-establistamerct ofgeneral auto repair at 951 �3'hite BearAvenue. The motion carried unanimously on a voice vote. �4R-036 M��a I3omes,Inc, - Special condition ase permit to allow a cluster development with twelve townhomes (six twinhomes) at the southwesi quadrant of Lexington Parkway and � St. Ciair Avenue. (Beth Bartz, 266-6580, Southwest Team) Commissioner Wencl reported that this case was laid over to April 2, 1998. Commissioner Wencl read the agenda for Thursday, Apri12, 1998: Old Business of Alter Trading Corporation, Mendota Homes, and Richard Eitel; New Business is for Professional $uilding Services, Jerome LaCroix and William Dunnigan, and Melvin Heard (Kingdom Hall). Commissioner Geisser asked why A1ter Trading Cocporation was on the agenda. Mr. Ryan replied that the original application in 1995 is being concluded now with application of the new zoning regulations, following the zoning study. Chair Morton annoanced thaY the Midway Parkway West Como Small Arza Plan was adopted by the Ciiy Council on December 17, 1997. Copies are now available from Patricia James. V. Comprehensive Planning and Economic DeveIopment Committee b10TI(1N: Comn�issia��er Maddox moved that the Pkalen Boulevard Draft EIS be fnrwarded to the City Counci[ and recommended for release for public revieiv and comment; and thnt a meeting be held on it. Ph�ten Bo» lev�rd braf�Fi4 - Report and Recommendation for release for public review - (Nancy Frick} Ms. Frick reviewed the document with a slide presentation. She explained that the purpose of � an EIS is to provide information ta the decision maldng body and the public about the consequences of taking the acrions that are proposed. It is based on a formal Scoping Decision that this body heard and recommended upon, and the City Counci2 adopted in 1446. This EIS looks at three types of altematives. FirsY of atl, it assesses the impact of not building the project. The other alternatives are reviewed in relationship to the no buiId altemative. The EIS also looks at a transportation system management (TSNl) aITemative, which evaluates sotving the problem by making smaller, minor improvements to the system instead of doing a major build project. The build altematives are divided into three segments: 1) a western segment, between 35E and Burr Street (three alignments}; 2} the central segment, beriveen Butr Street and Earl Street (five alignments); and 3} the eastem segment, betw�een Earl Sueet to Johnson Parkway (one aiignncent), The westem segment asks hocv do you connect Phalen Boulevud with 35E. Ms. Frick explained each aItemative with the assistance of enlarged projected maps. Questions arose regarding the bus bam, timetables, and traffrc movement. The central segment's key questions aze how do you get through the area between Payne and Arcade, and hosv do you access Payne Avenue from Phalen Boulevard. Common to all the � MINUTES OF THE ZONiNG COMNfITTEE Thursday, March 19, 1998 - 3:30 p.m. � City Councii Chambers, 3rd Ploor City Hall and Court House 15 West Keflogg Bouievard PRESENT: ABSENT: OTHERS PRESENT: Chavez, Faricy, Gordon, Kramer, Morton, Vaughf and Wenci Field (excused) � � �a� Petec Warner, Assistant City Attorney; Beth Bartz, Donna Drummond, Pattie Keliey, Roger Ryan, Ailan Torstenson and Jim Zdon of the Planning Division. 7he meeting was chaired by Barbara Wencl, Vice Chair. RICHARD EITEL - Zoning File 98-027 - Rezoning from R-2 to B-3 to allow construction and operation of an auto repair facitity. Donna Drummond presented slides and gave the staff report recommending approval pending receipt of the signature of the appropriate fee owner prior to final approval by the City Council. Ms. Drummond referred to a letter received from the Attorney Generai's Office dated March 18, 1998 in support of this rezoning, and that Mr. Eitel is in the process of paying off the contract and wil! become the fee owner of this property. • Upon questions of Vice Chair Wenci, Ms. Drummond said rezoning does not necessarily entail development of the site and this woutd simpiy change the zoning ciassification for the property. She stated Mr. Eitel has indicated he would like to develop a repair facility and if so, he wouid have to apply for a Special Condition Use Permit and it would also need to go through a site plan review. Ms. Drummond fuRher stated the arrangement is that the State would be acquiring from Mr. Eitel the southern two thirds of the property. She explained that inciudes the wetiand whicfi therefore wouid not become an issue as the wetland wou{d be preserved being on State-owned property. Upon question of Commissioner Faricy, Assistant City Attomey Peter Warner said the letter from the State was written as his prompting to staff because of the status of the property presently is tax exempt, and in reading the letter he is satisfied there is no probiem going forward witfi the rezoning. At the question of Commissioner Kramer, Donna Drummond said with fhe southem parcel of 195 feet sold back to the State, according to the p(at map Mr. Eitel will retain a totai of 26,400 square feet. Upon quesfion of Commissioner Vaught, Ms. Drummond stated although she did not investigate what the properties are zoned for in the area immediately north across Larpenteur in Maptewood, she reviewed the existing land use which is a gas station and which she believes to be zoned commercia! in fhe Maplewood Zoning Code. She further stated that the closest B-3 zoning in Saint Paui is immediately across Interstate 35-E to the east. Upon question of Commissioner Kramer, Donna Drummond stated part of site to the west is vacant land and it is zoned residential. Richard Eitei {A268 Pond View Drive, White Bear, Minnesota), appeared and said the State is acquiring the south portion of his land along with the property to the west, which inciudes the house shown on the slides presented by Ms. Drummond. � n � r; -- ..� ..��mrctee Minutes March 19, 1998 Richard Eitel (98-027} Page Two Commissioner Kramer asked Mr. Eitel why he was requesting ta rezone a portion of land that he will no longer own. Mr. Eitei explained it was defermined by City staff it woutd be #he only way to proceed since it is currently one parcei unfil the sale of ths southem porFion to fhe State is finalized. He said he is in the process of settiing the contract for deed, but did�'t realize that was a probiem untii staff informed him. No orte appeared in support or opposition, and the puhiic hearing was ciosed. Commissioner Faricy moved approvat of the staff recommendafion, and the motion was seconded by Commissioner Chavez. Commissioner Kramer expressed concems that rezoning to a B-3 aliows a muititude of uses in that vicinity, that rezoning would leave a potentiai B-3 parcel vacant, and his greatest concern is that he betieves approving this request is spot rezoning. Gommissioner Vaught said he will be voting against the motinn because he aiso believes this is spot rezoning. There was no further discussion, and the motion was cailed. Adopted Yeas - 5 Nays - 2(Kramer, Vaught) � Drafited by: , Pattie Keliey Recording Secreta Submitted by: Approved by: �ar�'� U�inm�c'zl Donna Drummond Northwest Quadrant Barbara Wencl Vice Chair ��' �{dC :� ZONISiG CQMMITfi'E8 STAFF 88PORT FILS # 96-027 l. APPLICANT: EITEL, RICHARD E. DATS OP ASARING: 03/19/98 2. CLASSIFICATION: Rezoning 3. LOCATiON: Southwest corner of Larpenteur Ave. and Interstate 35E frontage road 4. PLANNIISG DISTRICT: 6 5. LEGAL DSSCRIPTION: Section 19 Town 24 Range 22 subject to Awy part Of W 1/2 of NE 1/4 of NE 1/4 N af Wheelock Pkwy in Sec 19 TN 29 RN 22 6, PRESENT ZONII3G: R-2 ZONING CODE REFERENCE: §64,400 7. STAFR INVESTIGATION AND RSPORT: DATE: 03j11/98 BY: Donna Drummond 8. DA2fi RfiCBZVED: 02/02f98 DEADLINE FOR ACT20N: 04J14/98 A. PIIRPOSE: Rezoning to allow construction and operation of an auto repair facility. , B. PARCEL SIZE: The property to be rezoned has 240 feet of frontage on both Larpenteur Avenue on the north side and Wheelock Parkway on the south side, and is 285 feet in depth for a total lot area of 68,400 square feet (1.57 acres). C. E7CISTiNa LAxD IISE: The progerty is vacant and contains a small pond in the southeast corner. D. SIIRROIINDING LAND IISE: North: Gas station and single-family homes in Maplewood. East: Interstate Highway 35-E and commercial uses beyond in a B-3 zone. South: Mississippi Creative Arts Magnet School in an RM-1 zone. West: Vacant property on Larpenteur Ave. and single-family homes on Wheelock Parkway in an R-2 zone. E. ZONING CODB CITATSON: Section 64.400(a) states in part that �'the council may, from time to time, amend, supplement or change the district boundaries or the regulations herein, or subsequently established herein pursuant to the provisions of Minnesota Statutes Section 462.357 and amendments thereto as may be made from time to time. The planning commission may, from time to time, review district boundary lines to determine if, pursuant to state laws, such district boundaxy lines should be changed." Section 64.400(b) states in part that '�an amendment to the zoning code may be initiated by the council, the planning commission or by petition of the owners of sixty-seven {67) percent of the area of the property to Zoning File #98-027 Page Two be rezoned." F. HISTORY/DISCII35ION: In 1992, Richard Eitel applied for site plan approval to fill the property. The site plan was not approved because it would have eliminated a wetland. G. DISTRICT COUNCIL RBCOi�fENDATION: The DistriCt 6 Planning Council voted to support the rezoning petition. However, they will consider the proposed use for an auto repair facility separately when there is an application for a special condition use permit. In addition, staff had received no calls or correspondence in opposition to the rezoning petition at the time this report was written. H. FSNi7SNG5: � 1. Richard E. Eitel is the contract purchaser of the property. The State of Minnesota is listed as the fee owner, and Mr. Eitel is paying Ramsey County, which holds the property in trust for the state, annual installments toward the purchase of the property. The City Attorney�s office is investigating whether Ramsey County or the State of Minnesota must co-sign the rezoning petition Por the application to proceed. The City Attorney's office has recommended that the Zoning Committee consider the petition, with the understanding that the appropriate fee owner must sign the rezoning petition before final action can be taken by the City Council. � 2. Mr. Eitel intends to construct and operate an automobile repair facility on the northern 90 feet of the property, the portion that fronts on Larpenteur Avenue. He has also stated that he will be acquiring 2o feet of Larpenteur Avenue right-of-way from the state for a total of llo feet to be developed. He intends to sell the remaining property, the southern 195 feet of the lot, to the State of Minnesota to accommodate stormwater runoff from Interstate Highway 35-E. The rezoning petition is requesting that the entire property be rezoned to B-3. 3. Section 60.544 (18) of the Zoning Code permits automobile repair facilities as permitted uses sub7ect to special conditions in the B-3 zoning district. The proposed site has the potential of ineeting all of tke required conditions related to minimum lot size, landscaping, indoor repair work, and outside storage. 4. The rezoning is consistent with the comprehensive plan. Goals and objectives of the District 6 Plan include the following: to encourage the development of new housing and businesses (p. Z1}. In addition, the Economic Deve2opment Strategy incl.udes: il abjective #6, "ensure sufficiant land for future business growtk"; 2) Policy #25, "the city's land use plan should provide adequate land for industrial and commercial development and expansion in order to increase the proportion of commerciaS/industrial tax base"; and 3) Policy #29, "the city should periodically review its zoning regulations and amend them as necessary to keep current with technological and economic changes affecting the nature of business activity" {pp, 17-18). �-�la� � Zoning File #98-027 Page Three 5. The rezoning is consistent and compatible with the way the area has developed. Across Larpenteur Avenue to the north of the site is a gas station, which is in Maplewood. The freeway frontage road and Interstate 35-fi are to the east. The southern edge of the site £ronts on Wheelock Parkway, and aoross Wheelock are the playfields for Mississippi Creative arts Magnet School. To the west of the site are residential uses along Wheelock Parkway and vacant land zoned residential along Larpenteur Avenue. In addition, there is a significant amount of tratfic in trie area. Larpenteur Avenue carries 13,625 vehicles per day; the freeway frontage road carries 6,825 vehicles per day; Interstate 35-E carries 135,225 vehicles per day; and Wheelock Parkway carries 5,0�0 vehicles per day. Given this level of traffic, residential development of this site seems unlikely, and rezoning to allow commercial development is compatible with the way the area has developed. 6. The rezoning will not have an adverse impact on adjacent groperties if appropriate landsaaping and screening is installed on the west side of any development of the property to shield the residential uses there. 7. The applicant submitted a sufficient petition of two-thirds of the property owners within one hundred (100) feet of the property stating support £or the rezoning (three parcels eligible, two required, and two � signed). 2 STAFF RECObIl�fENDAT20N: Based on findings 1 through 7, staff recommends approval of the rezoning petition, pending receipt of the signature of the appropriate fee owner prior to final approval by the City Council. PETITION TO AMEND THE ZONING CODE Department of Planning and Economic Developmenr Zoning Section II00 Ci1y Hat! Annex 25 West FouRh StreeY Saint Paul, MN SSIO2 266-6589 APPLICANT PROPERTY LOCAT(ON Property Owner /Sich,m-C � • ��'�'/ Address�7i�ls� ��.i/�!f �i.�-� /��- i v� Cityw�� St117!1�Zip.S d Daytime phone ��s�7��6� Contacf person (if Legal descriptionF�it-rr`�fi-r77 L��G additiona! sheet if necessary) TO THE H�NORABLE MAYOR AND CITY COUNC(L: Pursuant to Sectian 64. 00 of the Saint Paut Zoning Ordinance and to Section 462.357(5) of Minnesota Statues, (� ,��.�,�� : �`f�'� , the owner of all the tand proposed for rezoning, hereby petitions you to rezone the above described property from a Ij'� — 2 zoning district to a R• 3 zoning district, for the purpose of: �G,VSTlLC.cT/•✓�s /I'N�O OOaT-irj7nrfr /j ff'r�.T7i2E'�97h �dY/GlTY (attach additiona! sheet(sj if necessary) Aftachments: Required site plan � Consent pe6tion r'Y Affdavit � Subscribed and swom to befo me this � day of ��GG�C� 19� CQUNN owner of property Title: G��jL Page 1 of �� C_.� � Notary Public .. , , �J 70hIZN� PJGTITIQl�T SITI`I+ICX�NCX CH�Cii S�E�' 12�201�]��G SCUP � i�CUP FII2ST' SUBMITTED • DATE PETITION SUBIviITTED: �" {0 AATE OFFICIALLY RECEIVED: '�'�� PARCELS ELIGIBLE: � PARCELS REQUIRED: �_ PARCELS SIGNED: � CHECIiED BY: DATE PETITION RESUBMITTED: DATE OFFICIALLY RECENED: PARCELS HLIGIBL£: PARCELS REQUIRED: PARCELS SIGNED: � N ubV".r."'r �. AATE: � �� zQ�}�� i�� -l�27 CITY �F SAINT PAUL CONSENT OF ADJOINING PROPERTY OWNERS FOR A REZONING We, ihe �cndersigned, owners of ti7e property tivithin 100 feet ofthe total contiguous description of real estate owned, purchased, or sold by THE PETITIONER within one year preceding the date of this petition acknowledoe that cve have bcen presented with the following: Wc consent fo the a�proval of this rezoning as it tivas exptained to us by tt►e applicant or hislher representative. A copy ofthe petition of_.� i f c_�i �.Y c/ � i f"i (name of petitioner) to rezone the property tocated at rA � s� s�,,,,: ?«,�c,,. from u� � zoning district to a� zoning district. � ✓' •' � ^ ^^- � �' �� to a �5' j zoning district. (Name of petitioner) 2. A copy ofsections � 6. 5'/� through 6G.Sytj , incic+sive ofthe Saint Paut Zoning Code; and nckt�owtcdge that we are aware of ai( of t1�e uses permitted ia a Jj— j zoning district and we are aware that any of ihese uses can be estabtished upon City Council approvat of the rezoning. We hereby consent ta the rezoning of Ute property in the petition of; � r� L� , ` ______ days afker it is received by the Planning Division Any signatar of this petition may withdraw his/her name therefrom by written request within that time. , y � �2� LI'I'Y OF SAI1�T PAUL � CONSENT OF A.DJOINII3G PROPERTY OVi�I�IERS ppR A REZ01t�ING We, tiie uf�dersigned, owners ofthe property Fvethin 100 feet ofthe total configuaus description of real estate owned, purchased, ar sotd by TN£ PETITIONER within ane year preceding the date of this patition acknow(edge that we have been presented wiifs ihe following: l. A copy of the petition caf � i�c to rezone the property iocated at q,�. d �" i fr- (narne ofpetitioner) fvom a� � zoiting district to a ,PS — 3 zoning district. � � 2. A copy of sections ��• YI j through 6a.S�/�f , inclusive of tite Saint Paut Zoning Code; and acknotivicdge thai �ve are aware of ait a� tlze uses permitted in a B-- 3 zoning dtstrict and we are aware that any of these uses can be esta6lished upen City Cauncii approva! oP fhe reaoning. We hereby consent to the rezaniug of the property in tpe p�tition of; �l c �.rn. � G � �f'�"� tp B �� 7Aqlt}g tliS�ftCt, (Name of pet'stioner} Wc cons$nt to the approval of this rezoning as it was exglained to us by t1�e aprilicant or his/her represerctative. rG-ay-ZZ-�Z_2� �G'r�ny�; ��Fr�,s2 Za�7 Wpvtyia4 o.rc� . e/ �� /� Y NOTE: This petitian shall not be considered as of#icialty fi�ed w�2 the �aps� of seven (7) working days after it is received by the Planning Division. Any s�gnator of this petidon may withdraw hisllter name there&om by written request within that time. AFFIDAVIT OF PERSON CIRCULATING THE CONSENT PETITION STATE OF MINNESOTA) :SS COUNTY OF RAMSEY ) ��/,,, �/��"/ , being fust duly swom, deposes and states that he/she is the person who circulated the consent petition eonsisting of, pages; that affiant represents that the parties described on the consent petition are all the respective owners of the properties placed immediately before each name; that a�ant is informed and believes that each of the parties described on the consent petition is an owner of the property which is within 100 feet of any property owned, purchased, or sold by petitioner within one (1) year preceding the date of this petition which is contiguous to the properiy described in the petition; that none of the parties described in the consent petition has purchased or is purchasing property from the petitioner that is contiguous to the property described on the consent petition within one (1) yeaz of the date of the petition; that this consent was signed by each of said owners in the presence of this affiant, and that the signatures are the true and cosect signatures of each and all of the parties so described. � � � � NAME y 2 � � ✓�'�.._t� (/, �v.�- �n � c �.��'J'f.�'y . d!/!N'.s�'l/O ADDRESS 6.s�—��E,6 TELEPHONE NUMBER Subscribed and sw to before me ttvs � day of , 19� 'OTARY PUBLIC . � a ,,.. . ocoz'is uersam+x�'m�,o�.cw AICHARO W. COPELA.ND I�1Nti0� NOI�JNIHSbPA �"�' t:�tARYPU6LiC 7i0S3NNtW-BIl81TdAlMlG�d�? Pa°e Of �s WASHINGTONCOUMTY dtv"d'13dQJ'Mat3VH��t! ��`�Y'�~,MYCamm.EzpiresJan.3i.2000 • a ■ • 1/31/97 yg �a� � STATE OF MINNESOTA) OF PETITIONER � COUNTY OF RAMSEY PETITION TO REZONE AFFIDAVIT SS The petitioner, (1.1G �,,•-d ��/ , being first duly sworn, deposes and states that the consent petition contains signatures from at least two-thirds ( of all eligible properties within 100 feet of all property owned, purchased, or sold by petitioner within one (1) yeaz preceding the date of this petition which is contiguous to the property described in the petition; petitioner is informed that the consent petition must contain signatures from each and ali owners of jointly-owned property in order to constitute consent from that property and that failure to obtain consent from each and all owners could invalidate the consent petition; petitioner believes that the consent getition was signed by each of said owners and that the signatures are the true and conect signatures of each and a11 of the parties so described. .y<<�� E� NAME ��n,� J U. �.- /�t %��-, G�/l/rT�� ADDRESS �3"3-7��.0 TELEPHONE NUMBER Page of i/31/97 Subs bed and s� to before me this � day of 19� �� cc �VO� 3�b � W _Z a d � W W � a ,1 � . �'—' ___�'_-____.'___'� �____' �_—.'_ _ � �._., . .__ � . _ __ f i �f~_. __' _.__ i � . E± y . � = a== ( j �-I I � _ � I — �. ��i � � � � `' � m � i �;-- o� g � �� j� -- �� i , � __-: ' i ,� _ 4 �;- -- i i Q r I i J � � � W � � ` -� ` � �. , --- -- , � � � �;--; � - -, � a �� , , % � , �:.:;. �--- '=_=--- --- Q �� R .� �� a� �� : ` .: 1 ., . � �'-5l �� i District 6 PI February 26, 1998 Mr. John Hardwick PED Zoning Section 1100 City Hali Annex 25 W. 4th St. St. Paul, MN 55102 DearJohn: _.�.; _ _ x � 1061 �Rice St. St. Paul, MN 55117 Phone 612 488-4485 Fax 612 488-0343 . i.'� 4 �� r�1 • I ... • • •� � , ,• S �t The District 6 Planning Council received a request from Richard Eitel to rezone the property at the Southwest Corner of Larpenteur Ave. & 35E from R-2 (Residential) to � B-3 (General Business) On Wednesday, February 25, 1998 the Land Use Task Force of the District 6 Planning Council moved, seconded, and passed this request. If you have any questions, please feel free to give me a call. 1,�� l.t/ Kathy Col Executive Council Il i � i. 2. 3. 4. 5. � 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. SITNRAY-BATTLECREEK-HIGHWOOD FiAZEL PARK HP,IIEN-PROSPERITY HILLCREST WEST SIDE DAYTON'S BLUFF PAYNE-PHALEN NORTH ENT3 THOMAS-DALE SUMMTT-ITNIVEI2SITY WFST SEVENTH COMO IiAMLINE-MIDWAY ST. ANTTiONY PARK MERRIAM PARK-LEXIl�IGTON HAMI.INE-SNELLING MACALESTER GROVELAND HIGHLAND SUMMIT HTLL DOWNTOWN ZONING FtLE �� I. a ul I►1 . CITI2EN PARTICIPATION PLANNTNG DISTRIC'I'S '-�� :..� �__ ��,r". . _ ___�� r V �. _'__�.� � `, - � y'_ ,.. : �� i , . , , _ x---!.i 1 t�; �C'�� "JL. � (( (j� .._,. :�;� `: ��1:(fi. �. �'��:,�_;. t� ��,........ � = ;, b� -.��= � _.... ��=� ( �,~� �' xn �:... "�:-,u��i.��ll�LU . I.....> ; r �. � m,=: i , ;�.,1 i .��._.� R - -� _� _lt-�� 1�„�7L:111 � � .;;:':U'_�( �-%1�it�iJ_.�� ; { � :! 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E=-j;_ � _iE��i_1�..�. , �( �.. w:. _----- I1 L`- ;��-�(� -��" ' � -3� '""�!-:.�-,,l � ...,.,.. . � •-;�;:(;� • �, 1�_C'� J� �3f^af =:_3E==J%;,- .:��f�3�� l�` _i�r ,,i,:r �--- �: �,�_:�.,'� tJ��r�-� =;L._ _� ��f__lE -= 3E=--�1=�r--�=iF_ �r `3� �U� �� i; --_::��'' . �i� � t ; �-?.lt� )RTH END DISTRICT 6 �N y � --�^ ,w. , „ � �� .� �" ��.�� -=`c' L'�—�� Or0 O�O�O�O O � ,p �. _._.__1� E— , � . -- a o ' ' ' �° o � 0 0 0:�0000g t�t�,�p �.,.PARKWAY ��,� .�. � � � � U � { : �� s � ( ' "j i �� a� �. lJ � � � ��aQ ��, 3 O J � e CJ a m ��V A � or rc oanavG� �ous�++c � �' a ! � � e � { �� U � �� e � - - � `V � � o;o � �� , `� — "'' _ ( � I M/SSISS/PP/ O+ t �+ � � ' .� o �. ` t o��, ; � �. � O R 4 V� ° � � � C] o, a. � a o ` � �� 1 J 1 � f� \ i!Y �t �� O ) e\/ V" ^` � V O � Q 4 , J � . 4 4 ' 1 V1 /l + , � � i ti �� ' � � }, � �. i i ` � �u�� " � - (,. � °`� )� __ . ,' ,.� �r � 8 � � i �" � ? , # � � Z � ii� ^�'} N ' � � O 23 � � � � � � v 0 � c 0 G (: � t � � 23 � � O 35 O 35 Og O 3 APPltCANT � �� + � � ~ 1 - C � — LEGENLI -- -- -- - PURPOSE /� E Z�� t �� zoning district boundary FILE # � �� DATE � y '/� `+ �-� subject property "� - - - - ------ - - --- PLNG. DIST.�__ MAP # a. one family ••^ - w � two tamiry ♦ � � SC'i�E�rt�"'�r - - -- _ ��_ �'i-�. Q muitipie family - - -- - /� ` ` �� / � � HUSERT H. HLIMPfIREY III A7lOR\'EY GE�EI2,1L STATE OF MINNESOTA OFFICE OF THE ATTORNEY GENERAL March 18, 1998 Donna Drummond Department of Planning and Econoinic Development City of St. Paul 25 West Fourth Street St. Paul, MN 55102 Re: Richard E. Eitel Property Dear Ms. Drummond: covEw�nrovrs�ev�csssecnox 575 PMK SIREET SU11EZO0 Sf. PAUL. K� SSIOi-2106 TELEPHONE. (612) 29'I-2M0 SENT BY FACSIMILE AND U S MAIL I am enclosing a copy of a parcel sketch of land owned by Mr. Richard Eitel, located at � the southwest corner of Larpenteur Avenue and Interstate 35E. The State is acquiring all but the northerly 90 feet of this property. The northerly 90 feet to be retained by Mr. Eitel, is shown in blue on the parcel sketch. A description of the land to be acquired by the State, containing I.O6 acres, is attached and captioned "Fee Acquisition - Description for Stipulation," and outlined in red on the parcel sketch. In addition, the State has agreed to reconvey to Mr. Eitel a 20-foot strip along his northerly bou�ldary, containing 0.1I acres, which is sbown in yellow on the parcel sketch. A legal description of this 20 foot strip is attached and captioned "Description for Reconveyance." Mr. Eitel and the State have agreed that if the State should need to acquire, in the future, the easterly 40 feet of his property, he will convey that to the State for a nominal fee of one dollar. That easterly 40 feet is designated by a cross-hatch on the parcel sketch and described in the attached sheet labeled "Description for Option." The State will file a condemnation award on March 20, 1998, setting forth the terAns described in this letter. Facsimile: (612) 297-1235 • TTY: (6l2) 282-2525 • Toll Free Lines: (800) 6573787 (Voice), (SQO) 366-48L (TTY) \a Equal Oppon�niry Employer Who Yalues Diversity is Pnnted on SO% mcycled papec (15% post consumer con[en[) � :.:.. Ms. Donna Drummond March 13, 1998 Pa�e 2 The State is aware that Mr. Eitel has requested the City to rezone his property for commercial use. The State has no objection to this rezoning, and understands that he will use the 90 feet retained plus the 20 feet reconveyed for a commercial purpose. If you have any questions regarding the above, please feel free to contact me. Very truly yours, / ��-c,+n.� /� • �� LOUIS K. ROBARDS Assistant Attorney General (612)296-6673 Enclosure LKR:It AG:45017 vl � � q� �1�� _ . . _ ., , i � T ��; # _;..,� ` �w , �� '.;.- ' r.Vi �'� �' �', ` { 9 f+T� o r� � _ _ � ,. aR.�A. R� � � _ � _ _. \ ��l, p �t^ 1 � � � / � p.�� C ' � � t` �,� � i . �faR A-� _?� - - -. � --- `o.f 1 �1�.. . ,' . - _ �, ' a� , t. `^ _ . �' ,` ° �`- = h, — — v —==c_; _ u n�ry `i " .e�' � ., i � ; 1 3Q� tIAtER � � — . � �;l,l � ?'�j � f -n l't�i:71 '. ' � ' � � i ; g ��s > � � _ - , � � � f I ;,, ' : � 25. 6^,4 SC. � ; . .�� r �✓ � ' ' � � ' ' ....;. . f ?4" .i .:.� :' ; i � 'j L. • � 1 5E� -2 1 � ! �� ^� `i •i. S"? _i � , _�� -�--,--- � , � ,, _ , _ 'f� ,,, � �,:� ,'�� `� _, , zs'-.�a%�c; ^ , ""� J, �_ , _... � ( V � . � � 's �i �2 � i i � � �---=---- ' aazs i ' '..�_' ,� '— -t=— � � • ; , ,.._ -- . t ' 3 ; �su:as , � ' � i' = ur ° z �� 1 � i C� ,� � �.4sZ�.5 . fJ � ` i �1�Eq,: � � I`! �� ` ' "3^c 5�\ �"- o � � f � ' E � � � 7 ` / g e`� ._ , �— i . . :. � ��.: : A: , � j � =ti �.; � ; � � . � ��.,� f . ��Cl��t � ' d4:.G:, � ; � . � l ; � ; ,., ` ,; �' y � � t fi:i._:YD 7a � � , ' 1 : f � 2�i.� � - � ( ' � �� i f � 5 S . iG' _—'-- ` ' I � � / - 'i \�� T � �� ` . � i�' `� ' � :. I �� \ � `fi �� t i � � 1 i C� C �J . g�' 1 d • ' �� . � v 7+ �� YD ¢ &A728�?',F�B &.*.t7 � � � ,�_ J ^ �.',.86 � ' - °� �°: - - _ -� ' _ - aG d: �F'.v" �' r i C:6 – • . ��< V . . ( ts --''� March 13, 1998 8280390.904 FEE ACQUISITION DESCf2lPTiON FOR STIPUTATION Parce! 390 C.S. 6280 (35E=390} 904 That part of Tract A described below: Tract A. The West Half of the No�Fheast Quarter of the Northeast Quarter of Section 19, Township 29 North, Range 22 West, Ramsey County, Minnesota; except that part taken for street; also except that part lying south of Wheelock Parkway and west of a line formed by the easterly tine of �ot 6, Biock 11, Dawson's Lake Como and Phalen Avenue Addition to the City of St. Paul, extended north to Wheelock Parkway, the title thereto being registered as evidenced by Certificate of Titie No. 31383; � which lies southerly of a fine run parallei with and distant 155 fest southeriy of the north - ifne of said Section 19 and westerfy of a line run parailel with and distant 340 feet westerfy of Line 1 described below: Line 1. Beginning at a point on fhe north line of said Section 18, distant 7402 feet west of the northeast corner thereof; thence run southeriy at an angie of 92 degrees 14 minutes 00 seconds from said north section line (measured from west to south) for 600 feet and there terminating; containing 1.06 acres, more or 1ess; together with af( rights of access, being the right of ingress to and egress from thai part of Traot A hereinbefore described, not acquired herein to Trunk Highway No. 35E. 9 �-�a�T� � � March 13, 1998 6280390 DESCRIPTfON FOft RECONVEYANCE Parcei 390 C.S. 6280 (35E=380} 904 That part of Tract A described below: Tract A. The West Half of the Northeast Quarter of the Northeast Quarter of Section 19, Township 29 North, Range 22 West, Ramsey County, Minnesota; except that part taken for street; aiso except that part lying south of Wheelock Parkway and west of a line formed by the easterly line of Lot 6, Block 11, Dawson's Lake Como and Phalen Avenue Add'+tfon to the City of St. Paul, extended north to Wheelock Parkway, the titie thereto being registered as evidenced by Certificate of Title No. 31383; which lies between two {ines run paral4e{ with and distant 45 feet and 65 feet southerly of the north line of said Section 19 and distant 340 feet westerly ofi Line 1 described � below: Line 1. Beginning at a point on the north line of said Section 19, distant 740.2 feet west of the northeast corner thereof; thence run southerly at an angie of 92 degrees 14 minutes 00 seconds from said north section line (measured from west to south) for 600 feet and there terminating; containing 0.11 acre, more or less. � March 13, 1998 6280390 DESCRIPTION FOR OPTION Parcel 390 C.S. 6280 (35E=390) 904 That part of Tract A described below: Tract A. The West Half of the Northeast Quarter of the Northeast Quarter of Sect+on 19, Township 28 North, Range 22 West, Ramsey County, M+nnesota; except that part taken for street; afso except Yhat part (ying south of Wheelock Parkway and west of a(ine formed by the easter(y (ine of Lot 6, Block 91, Dawson's Lake Como and Phalen Avenue Addition to the City of St. Paul, extended north fo Wheeiock Parkway, the titie thereto being registered as evidenced by Certificate of Titie No. 31383; � which lies beiween two lines run para(lel with and distant 45 feei and 155 feet southeriy of the noRh line of said Secfion 19 and befween lines run paraliel with and distant 340 feet wester(y and 380 feef westeriy of Line 1 described below: Line 1. Beginning at a point on the north line of said Section 19, distant 740.2 feet � west of the northeast comer thereofi thence run sautherly at an angie of 92 degrees 14 minutes 00 seconds from said north section line (measured from west to south) for 600 feet and there terminating; containing 0.90 acre, more or less; together with all right of access, being the right of ingress to and egress from that part of Tract A hereinbefore described, not acquired herein to Trunk Highway No. 35E and to Larpenteur Avenue. � �•nv nu 525 PRRK S7E 200 Fax�612-29?-1235 Mar 18 '98 15�35 P.03/03 _�� . . .. .... . y rK`SZ�18�1999 SSt55 Pr7J 51?2�1 P.02J04 r',' y , , • i ��.., � P�1'CfOt3f� 1'O AM6Md 7'ttE Z�titNG CW� �� Dq,erlmqrt ofPlanning aad SrnRaede Dtwl4pntatJ t'e�rl�rs s.er�a» I]Od Cl�y Rel1 A�tna �i! T�'!�f Fourth S1'red �a� �ar� MI�' J�162 ' ,� ' -,7' ��„�.� ��.�s, �,,-� APPIIGAN'1' , PropsRy 4wner .� Cky�Y��fit�4p�!,�Dayfime phone,�� GontacR par�on (K dNtennt) � . . ��Z . .L ,C��i:i:'aT.� ..�'�%'..lr�u''T.s3"' . • - . r .�.�.. . n _ �..,. •h�tf If � To THO H�NOM�4E MrtYCR ANC GtTY COl1NC{�.: punu�nt to Sec�an M, 0� nf �ry e Satnt Paul Zoning Qrd(ntnae and Sa 5ectlan 482.35?(3) ot t�t►nntaota 8txtu�� , ��1•,.d , �"l�r'f , 2hB cKmer of aii ths lohd propoasd for razorsinp, t�ersby pstlt an� yau to rt n� th� ■hove doiatlbed praparty from e� ��-'�.. zonlnp df�irld to ��,:,, �'� toning dlttdct, i0T th1► p�stp0os of; ('avsf►FLarf�/� ,tN'Q oar-n-,r77nr9 .tn' +4KtvR.+7`Ir,c �,P,r.t.71r {a�adf �CC�nt/ aheet(Jf �nec+aa�ry) A�ac�hminri� Rai4(rod � Aian � ConNrtt 8ubsoriibed and fY�om ta be me thir „� day ot�� ae�` 1�- amd�c �' awno� et pnsperty Tif)�, d'�� -y�--=^..��-`� .� � PbQe 1 ot,,,.,_ Notary �tJb?i� DEPARTb1EYT OE� PLAN�ULUU & EC6NOMIC DEVELOPbtEN'C Pamela Wheelock Dirxtor CTTY OF SAINT PAUL Norm Caleman, Mnyor Memorandum DATE: TO: FROM: RE: March 26, 1998 15 West Founh Stseet Telephane: 6I2-266-6655 Sairt[ Paul, MN55102 Faafinile: 672-228d261 Planning Commission Donna Drummond, Planning Staff UOx��{,��^�++""'�^�i Zoning File #98-027: Richard E. Eitel Rezoning - Addirional Information Three items of addirional information: 1) A letter {attached) from the Minnesota Dept of Transporta6on, received Monday, March 23, stating that it has no major concems as an adjacent landowner regarding the rezoning. However, Mn/DOT lists the review procedures and requirements that must be followed for development of properry adjacent to Mn/DOT right-of-way. 2) Several members of the Zoning Committee, at its public hearing on this case on March I9, requested addirionaI information regarding the zoning of tfie property north of Larpenteur Ave. in Maplewood. The attached maps show the zoning in both Maplewood and St. Paul. Aiso, the St. PauI map indzcaYes addifional Iots west of the Eitei property that the State is seeldng to acquire for additional stormwater drainage. This information is from Mr. Eitel, and I have not yet been able to independently verify this with the state. 3} A Planning Commission policy from 1984 regarding rezonings and subsequent special condirion uses on the rezoned properry has been brought to my attention since the Zoning Cammittee meeting. This policy allows the planning administrator to administratively approve a special condition use pem7it for property that has been rezoned, if the special condirion use is the same that was proposed at the time of the rezoning. This policy is meant to eliminate the necessity for the Zoning Committee to hold two public hearings for the same deveIopment. In cases such as this, it is customary for the Planning Commission resoluflon to include a finding that states likely condirions for the special candirion use permit should the rezoning be approved by the Ciry Council. Ttte staff can then refer to the resolution to establish conditions for the special condirion nse permit that is adminstrafively issued. There is also a reduced fee for the applicant for an administratively issued SCUP. Staffrecommends adding the following language {in italics) to Finding 3 o£the Planning Commission resolution: � I" L- 3. Section 60.544 (18) of the Zoning Code permits automobile repair faciliries as permitted uses subject to special conditions in the B-3 zoning distdct. The proposed site has the potential of ineeting all of the required condirions reIated to minimum lot size, Iandscaping, indoor repair work, and outside storage. If the rezoning is approved by the �B y� Planning Commission � Mazch 26, 1998 Page Two City Council, a special condition use permit will be required. The planning commission amended iu rules of procedure in 19&4 (Resotution 84-23} to delegate authority for the approval ofspecial condition use permits to the planning administrator in cases where pubtic he¢rings have been held in which the commission has recommended, and the city council has approved, a reaoning specifzcally for a special condition use. The use of the property for an automobile repair facility must meet all the required conditions related to minimum lotsiae, landscaping, indoorrepairwork, and outsidestorage. In addition, the following additionat conditiorrs should be required: a. Only customer vehicles and employee vehicles of the permittee may be parked on the lot. This condition is intended toprohibit long term storage of vehicles on the lot. b. AZl vehicles parked outdoors on the lot shatl be completely assembled with no parts missing. Yehicle salvage is not permitted. Attachments. cc: Ken Ford, Planning Administrator Richard E. Eitel District 6 Planning Council � J� e � s a ; a � Q B �� O� TN� Minnesota Department of Transportation Metropolitan Division Waters Edge 1500 West County Road 82 Roseville, MN 55113 March 13, 1998 Donna Drummond City of St. Paul Zoning Office 25 West Fourth Sireet Saint Paul, MN 551Q2 Dear ponna Dnunmond: SUBJECT: Public Hearing Notice Review Richazd Eitel Rezoning Southwest Quadrant of Tnuik Aighway (TH} 35E and Larpenteur Avenue East Saint Paul, Ramsey County C.S. 6280 � The Minnesota Department of Transportarion (Mn/DOT) has reviewed your request for comment regazding a rezoning to allow construction and operation of an auto repair facility at TH 35E and Lazpenteur Avenue East. We have tto major concerns regazding the rezoning. Aowever, we would � like to take tlus opportunity to remind the city of certain stipularions regarding develapment of property adjacent to Mn/DdT right of way. • If property adjacent to Mn/DOT right of way is to be platted, the preluninary plat must be submitted to us for review, along with a site plan and grading aud drainage plan if prepared. This must occur before we will issue any pemuts. • We require a Mn/DOT access pernut for access to or across state highways or right of way, including Mn/DOT owned frontage roads. A change in the intensity or type of use of an existing entrance aiso requires a permi� • We require a Mn/DOT stormwater drainage pernut for any change in rate of runoff to trunk highway right of way, or any aIteration of trunk highway storm water drainage systems. • Any other use of or work within Mn/DOT right of way, including but not limited to grading, utility work, and landscaping, also requires a permit. The permit necessary depends on the nature of the proposed work. An equal opportun"iry employer y� �� Donna Drummond � March 13,1998 pagetwo Please send copies of proposed plats and site plans to Sherry Narusiewicz, Local Govemment Liaison Supervisor, at the above address. Questions regarding permit applications may be directed to Biil Warden of our Pemuts Section at 582-1443. Piease contact me at 582-1654 with any questions regazding this public notice review. Sincerely, � Scott Peters Senior Transportarion Planner/Loca1 Government Liaison � ` MwPlewoed � � Gas f3u Res�d z ni a � S�G+� a+t- �' t � — _____-----_ . _.�.__---- . _— ; �i. 40 • . � • O p j • Sofd ta '• • •� . ., . , , S�e�s '' � candt��r� — "�� W�ee_1 oc1� PuR'Kwa� � ar► �IS,Sls''S/PPI Cceative. A�rfit /h� Sct►o. i �I S� Q LJ Lt 1J _ � . � C� � 'Mi � s � ' s �� J; � b j �c,t i � 1 t 1 ti 1 _- '/, 1• ` . � `\ i� � � ;} �I " �''�,/ V" 4 � `� , � ,`� � I : � ( � J � : t � '! , If , �� :---- =- Q 0 cs 0 Q rr � RM- �� O �Ic � � � 0 � � � � T ./'l_ V � � Q � � 'O" �' �' � -�,- r �� . a 23 Q 23 `L'�`. 2zS-3z�1 � "'�/ Fex w ♦ ' O � h Y , n � ♦ i � � T IL3.�a Pj, � R��tXy � p o1'14' p od iu � ; Q � Maple�odd 20� I $A'1ec. �jTe�T OF MInN. � GPJv4 P�: C Li� O� ' p T /}� � O � -- � --�_�y��D i ` 2.00u. / ` $TwTG � T MtNN. a 1� l�! (-iDb __— �� 1.00iW. STATTC�OP M�«u CZ} � ' � � � 1 � �f la, � �� iT�TG MtNN �- �v 4 � �� .`._ _ i4j . LOOec. T - . t � • � LG.� 7. ( ) -r r t_aa,.. � ! � �u �� . � � � �� "�iso i �B� � , �7) _ � __-- .ee�. • f�n �9) a l'°1 �10� ' ' 9.LOac. Leo _ ae• .._._ ::f`—'_ , � °a Y � �� 1 � � r � � ! . -+� • 390�--}- � * i;� � ' � �� . , ,� , ,, ;� ,,, � , .� . � , , J33��-� � aot �4; _—__._ ` •" "" � �If� , (+L96� 3 R3 "/fXr,�rin��,lr� 41-50 9-3t-Sa tC � ' " " _ ' � " � c � �. _ -�y c �T+elrjtc+c:••' Gft t./?T/f'S , �iL�3"'" Tt'� cn i iS� � �' �Y ao��_�� t p , � � Fq�r;,� ' ��te1 � �� .""'z"� z; t z �� +� .; �fo�� -- 2 �� = 8 t�.S in/� 5 S Co mm��G/�fG �3'" /j'IVG p�6v�"LG/n!6 .��5lD��lI7 Q/- ��,v6LE. nu��r��nlC� ��nr7�-L. ��'�'�! ;� d,,.. , �,.;�?�, o . `` .�-��,; 'S. ��. v�� r_ , 7,'-. - .. .. �: �'1QJRS�.Q nTt+�itino-3Q1�9�a9@@:�N YfiY �'TA�'I�: 4�� l �l�Y`i�TIE:'Q�7'�'A 2- F. # q�'��7 Q98+�lQ:� QDh�"Q'Nl�ti�"['C'��llE��F.N�FPLAQ, <:revvxrn+rnr.Fxvi��vi�non S:S PAkK ��xrr'1' �tUR Kai � Apri12,1998 K.r„«��MN.<c�,_�«, �11�7n�nV�_ <et+_�:91 Nun SENT BY FAC5LM1Ll� 4L�I_�1�1 Donna llrummond Departmcnt of Planning and Econoretic llevelopmen� C:ity of St. Yaul 25 West 1'ounh Street St. Paui, MN 551 U2 Ke: �2ichard E. Eitel properry Dear Ms. Urummond: This is to eanfirm tliat tha Minnesota Department of Transponation w311 ac:ciuire Lots 12 through I9, Dawson's Lake C:omo a�id Pheian Avcnue Addition. '1'he lots tie west of ihc Kichard Eite1 propetiy. The State cviil acq¢ire thvse eight Iolx for draina�c purposes rclateci to Intcrstatc 35L'. Very truly yours, � ,.'l; �� _ t L��.(.� �' � � � LOUIS K. ROBARDS Assistant Attorney GeneraI (61?) 296-Cb7 � LTCIZ:It cc: Uan Vvss Richard �itel nr,.a�net � t r �— 1'ursimile ltil?) 297•7?iS • TTY: (6l?) 2$L?S'?S • TuGl�iu Linc�: (1+Otl� bi7-:i7R) (V�iiec). (kc'�]:S(+G-a%32 C��Y) w wn Gau:J Appwwniiy Gnpl�yar who vatm� Diven}ey 4.r9 ftiu[e� im XI+'R [ec7ile�! p��x:r (1 S s �x+s� rnncumt� � �-30-1998 5:d6PM FROM RICHARD EITEL ! To: District b Cotmcil Membez's From: George & ltobin Carter Date: February 25,1998 ., , ., Re: Development on Wheelock Parkway & Larpen2eur Ave. zo�, P. i F,l ��8-oa� We are aware of the develo�ment project Mr. Eitiel is involved in. My wife and F own the adjacent ptopezties on Wheelock Parkrvay and La�enteeu Ave. n�t to Mr. Eitiei's new development site. We vvould like to state in this letter to the District 6 Council Member's and to everyone else uivolved, we do not feel that Mr. EiteiYs development weuld pose a determent 40 our community. We also feel that Mr. Eitiei should be aliowed ts pursue his plans to develop his projcct. � � �� .. l�_G.�h� MN CHILDREN F�ODBNUTR Fax�612-297-7721 Rpr 1'98 12�A8 �.�1 Zo�ir'� F,� /e, Zoning Committee 25 West 4�' Street 1300 City Hall Annex St Paul, MN 55102 Aitn: Donna Drummond DearZon�ng Committee: 1 am writing fo oppose the rezoni�g of the property belonging to Richard Eitel (zonir�q fi(e # 98-Q27). ( am the property owner adjacerrt to this property and changing the zoning would decrease the �alue of my property (which 1 confirmed recently with an appraiser). Since my properiy is currenNy under negotiatiores regarding market va(ue 1 am greatly concemed over this potentia! rezoning. In addition, fhis area is a residentiaf area and has a wefiands type area at fhe southern portion of Mr. Eitel's property. tt is aiso across the street from an e�ementary school. A!l of these reasocts contribute to my opposition of building an auto repair facility. I atso believe that there are a number of current(y existing types of faci[ities within a one to two mile radius, that indicate that another such type of facility is not needed. When the properiy was initially up for auction, ! did inquire what fype of use wou(d 6e allowed. Either singfe or mu�ipie residentia! units could be amsfrucfed was what ! was toid, but 1 was also fold that the parce( was unsuitable for much development ! reatize that this properry has been under contention for several years, where it has become very weec! filled after ali of the trees were cut down. I also know that many neighbors were opposed fo the removal of fhe trees, especially since this properiy is lorzted on a Parkway. 1 hope you strongly consider this letter when you are making your decision, since ( was unable fo atfend fhe hearing on March 18�`. Respec�fully yours, �k . �J.ca)F� Susan K. Weeks Properfy Owner 215 East Wheeiock Parkway St. Paul, MN 55117 � q8�-o a7 � � �� a� \ J April21, 1998 S.P. 628Q (35E=39Q) 904 County of Ramsey Pazcel 390 S:ate vs. Richazd E. Eitel, et al. NOTICE OF AWARD 9�-y�� 612-246-8648 In the above entitled eminent domain proceeding, the Commissioners appointed by the District- Court in the above named county filed their report with the Court Administrator on April 14, 1998, wherein they made a monetary award as full payment for the acquisition of Parcei 394 for trunk highway purposes as follows (see attachment}. The awazd of the cour[-appointed Commissioners may be appealed to the District Court by the State, or any � party having an interest in the subject property, if the awazd or its conditions aze considered to be unsatisfactory. If an appeal is taken, it must be filed with the Court Administrator of the above named county and a copy thereof mttst be mailed to the Office of the Attorney General, 7'ransportation Division, Suite 200, 525 Park Street, St. Paul, MN SJ103, within forty (40} days from April 14, 1998. The Notice of Appeal must conform with all the requirements as set forth in Minnesota Statutes, Sec. 117.145. Attention is called to the fact that this is merely a nouce of the awazd of the Court-appointed Commissioners, and in no way shall it be considered an offer nor an accegtance by ihe State relative to said awazd. The appeal period expires as of May 24, 1948. Sincerely, ��QGG II � ` Merritt Linzie, ,. irebt'or Office of LancfManagement 1�3ote: If you have executed an Agreement to the Amount of the flward and Waiver ofAppeal Therefrom, or have otherwise agreed to the amount of this award, the above provisions with regard to appeal and the appeai period do not apply. Minnesota Department of Transportatian Transportatian 8uilding 395 John ireland Boufevard Saint Paui. Minnesota 55155-1899 An equ2i coportunity empioyer �' � As to the lands described as Parce1390, S. P. 6280 (35E=390} 904: Richazd E. Eitei City of St. Paul Srate of Minnesota for Coanty of Raznsey Bertha Spreigl State of Minnesota Department of Natural Resources NONE NONE The above award is made an the basis and condition of a settlement between the parties and incIudes all costs, interest, and disbursements. The above award is made on the basis and condition that atl claims made in the case of R;�harn F Fitel v Citv of St Pau1 ��' � corooration and the State of Mitmesota. �,PfPn ants �nd Third Parh, Plain�� Vc o� tv of Ramsev 'Chird-Partv Defe*�dant IZamsey County Court file no. C2-92-0 I I924, are settled and resolved with the filing of this awazd, aad said action shaIl be dismissed with prejudice. The above award assumes that the above-referenced property is free of all poilutants, con+�m;n�ts and hazardous wastes. This commission has not assessed aay damages for the presence of pollutants, contaminants, and ha2ardous wastes on the subject property:� This awazd is made with the express understanding that the peritio¢er, State of Minnesota, has reserved all rights to recover damages, testing costs, and clean-up cost5 attributable to the existence of pollutants, contazninants, or hazardous wastes on the property from the respondent in a separate legai acrion. The commission has not considered the impact of poliutants, contaminants, and ha�ardous wastes on the fair market value of the subject properiy eitiier before or after the taking ) ) ) ) � 350.00a ) ) } ��- �_ � � in its assessment of damages. �� a The above award is made on the basis and condirion that all real estate taxes due and payable in 1498 or in prior yeazs aze the responsibility of the owner and that ali delinquent taxes, unpaid speciai assessments and future installments thereof are also the responsibility of the owner or lessee herein. The above award is made on the basis and condition of a change in the taking which reduces the taking to the lands described in E�ihit A attached hereto. The above award is made on the basis and condition that the State of Minnesota will convey to Richard E. Eitel, without fiuther consideration, its easement over the lands described in attached Exhibit B. The above award is made on the basis and condition that Richard E. Eitel shall provide to the State of Minnesota an option to purchase, for one dollar, the easterly forly feet of the lands described in Exhibits A and B attached hereto, said easterly forty feet being specifically described in Exhibit C, attached hereto. � Excepting all minerais and reserving to State of Minnesota, Departrnent of Nattual Resources, owners of the minerals, iheir heirs, successors, and assigns, the rights, and privileges to explore for, mine, and remove the minerals, but only in such manner that will not interfere with the use of said land for highway gurposes or with the safe and continuous operation of any public highway thereon, provided the mineral owner reserves the right to relocate ihe highway at the mineral owner's expense pursuant to Minn. Stat. § 160.10 as such may be amended. y�-v� AG:428�� vl SEtiT BY��V/DOT LAIVD M�l'AGEMEN'T� 4-27-98 March 13, '1998 62803SQ.904 12�49 : � U11Lll11N � FEE ACQUISITlON DESCRIPTIQN FOR STIPULA710N Parcel 390 C.S. 628Q (35E=390} 904 f'hat part of Tract A describad below: Tract A. The West Half of the Northeast Quarter of the Northeast Quarter of Seciion �9, Township 29 North, Range 22 West, Ramsey County, Minnesota; except that part taken for street; atso except that part Iying south of Wheelock Parkway and west of a line formed 6y the easterly line of Lot 6, Block t 1, Dawson's Lake ComQ and Phalen Avenue Addition fo the City of St. Paui, extended north to Wheelock Parkway, the title therefo being registered as evidenced by Certificate of Title No. 31383; which lies southerly af a tine run paralie! with and distant 155 feet southerly of the north line af said Section '!9 and westerly of a line run parallei with and distant 340 feet westerly of Line 1 described beiow: Line 1. Beginning at a point on the north line of said Section i 9, distant 740.2 feet west of the northeast corner thereof; thence run southerly at an angle o€ 92 degrees 14 minuYes 00 seconds from said north section line (measured from west to souih) for 600 feet and there terminating; contairting 1 A6 acres, more or less; together with all rights of access, being the right of ingress to and egress from that part of Tract A hereinbefore described, not acquired herein to Trunk Highway No. 35E. � �xxaszT A SE\T BY�tr1V/DOT LAND t�`i.ANAGEMF.R�T: 4-27-98 ; 12�49 ; � March 13, 1998 6280390 DESCRIPTlON FOR RECON1fEYANCE Parcei 396 C.S. 6280 (35E=39�} 904 u That part oi Tract A descrihed beSaw: 6122283261:» 3! 4 c� $-�/Z/ Tract A. The West Haif of the Northeast Quarter of the Northeast Quarter of Section 19, Township 29 NoRh, Range 22 West. Ramsey County, Minnesata; except that part taken for streef; also except that part lying • south of Wheefock Parkway and west of a fine formed by the saster(y line of Lot 6, Biock 11, Dawson's Lake Como and Phalen Avenue Addition to the City of St. Paul, extended north to Wheelock Parkway, ihe title thereto being registered as evidenced by Gertificate o( Title No. 31383; which lies between two lines �un parallel with and distant 45 feet and 65 feet southerfy of the north line of said Section 19 and distani 34� feet wester(y of l.ine 1 described betow: Line 1. Beginning at a point on the north iine of said Section �9, distant 740.2 feet west of the no�theast corner thereof; thence run southeriy at an angle of 92 degrees 74 minutes 00 seconds trom said �orth section line (measured from west to south) for 600 ieet and there terminating; containing 0. i 1 acre, more or 4ess. EXHSBIT B SF11T BY�MNlDOT LAhD MAV�GEMENT: 4-27-98 March '13, 1998 6280390 iz�so : � �1��d��l.� 11 I i DESCRIPTtON FOR QPTION Parce1390 C.S. 628Q (35E=390) 904 That part of Tract A described below: Tract A. 7he West Half of the Northeast Quarter of the Northeast Qua�ter of Section 19, Township 29 North, Range 22 West, Ramsey County, Minnesota; except that part taken for street; atso excepi that part lying soutt� of Wheelocic Parkway and west of a(ine formed by the easteriy line Df lot 6, Block 11, Dawson's Lake Como and Phalen Avenue Addifion to the City of St Paut, extended north to Wheelock Paricway, the titie thereto being registered as evide�ced by Certificate of Tiile No. 31383; which lies between two lines run para!!e( with and distant 45 feet and 155 feet southerly of the narth line of said Section 19 and between lines rua parallel with and distant 340 feet westeriy and 380 feet westerty of Line 7 described be(ow: Line 1. Beginning af a point on !he north line of said 5ection 19, distant 740.2 feet west of the nottheast corner ihereof; thence run snutherfy at an angte of 92 degrees '14 minutes 00 seconds from said north section tirte (measured from west Ea southj for 600 teet and there terminating; containing 0_1� acre, more or less; tngether with aU right of access, being the right of ingress to and egress from that part of Tract A hereintiefore descritred, not acquired herein to Trunk Nighway No. 35E and to l.arpenteur Rvenue. � £XHIBIT C Covncil File # U 7 Z 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 i? 18 19 20 21 22 23 Presented By Re£erred To Green Sheet # ��0 RESOLUTION � / CITY OF SAINT PAUL, MINNESOTA Committee: Date PRELIlYIINARY AND FINAL PLAT FOR EMERALD ESTATES WIIEREAS, Kevin Tranm� Construction has submitted the attached preliminary and final plat far a si�een (16) lot single family home subdivision for approval by the Saint Paul City Council; and WHEREAS, the appropriate city departments have reviewed the plat and found it to meet the requirements of Chapter 67 of the Saint Paul Zoning Code; and WIIEREAS, notice of the public heazing before the Saint Paul City Council was duly published in the official newspaper of the city on Apri122, 1998 and notices were mailed to each owner of affected property and properiy situated whoily or partly witlun 350 feet of the subject property; and WHEREAS, a public hearing before the Saint Paul City Council was held on May 6, 1998 at which atl interested parties were heard, the council having considered all of the facts and recommendations concerning the plat; NOW, THEREFORE, BE IT RESOLVED, that the Saint Paul City Council accepts and approves ihe attached preliminary and final plax for Emerald Estates by Kevin Tranun Construction, subject to flie following condition: 1. The final plat allows sixteen (16) lots for sixteen (16) single family homes. Approved by By: YO Adogted by Council: Date �C � Form �oved 6y City Attorney Adoption Certified by Council Se etary B y/y�y n n , ( � FOF �cS' �7�� 7�� GREEN S E IN INITIAVDATE — DEPAFTMENT�IRECT O CRV fAUNCIL CT'ATTORNEY ..1.5' �GITYGLERK BUGGET O(RECtOR� � FIN. R MGi SERVICE O�IR, MAIDR{ORASSISTwv�� ir�f` T'.! —�"_f>"'s.— TOTAL # OP SIGNATURE PAGES I (CUP ALL IOCATIONS FOR SIGNATURE) Adopt resolution to fmalize council action taken pn May 6, 1948, for preliminary and fmal plat approval of Emeraid Estates for a 16 lot single family home subdivision at 895 McKnight Road (west side between William Tell Road and Valley View Place). °`�"�""•"•"•��"�'•°. "'" `�' "' °°'°'"` �°� PERSONAL SERVICE CONiRACTS MUST ANSWER THE FOLLOWING QUESTIONS: _ PLANNING COMMISSION _ CIVIL SERVICE COMMISSION i. Has this personffirm ever worketl unGer a conirect for this department? _CIBCOMMITTEE _ YES �NO .� STA� _ 2. Has this personXirm ever been a city employae? YES NO _ DISTflICTCOURT ._ 3. DO8Si11iS personxirm possess a skil� not nmma�ry possessetl by any currerrt city employee4 SUPPoRTS WHIGH COUNqI O&IEGTNE4 YES NO 1'�V�� Ezplein ell yes enswera on seperate sheet enC etteeh to green sheet WhaL When, Where, WYry): Adopt resolution to finalize council approval of the preliminary and fmal plat for Emerald Estates. Approval is necessary to allow recording of the new plat and to allow individual sales of each lot. iF APPRWED: Subdivision of the properly into 16 lots will allaw the individual sale oP each lot and provide another housing option for buyers. None. 'I`,'i�7 N1A1' 1 1 199� ;�i�Y�E�'S OFFfG� �U39�� $��9u!`C� ��?�P � �.�.�� Applicant could not develop property as intended. Ya I?.: � �• - 1 Y ` � t �� n�'."ffi �' "t x� ��c... ' h �'.�� $ �a ��i63 _ �AY 0� 199$ �� 41 AMOUNT OF TRAN5ACTION $ COST/REVENUE BUDGETED(CIRCLE ONE) YES NO 71LAG SOURCE �GIAI INFORRFATION: (EXPIAIN) DEPARTMENT OF PLANNING & ECONOMIC DEVELOYMENT CITY OF SAIN'f PAUL Narm Colemarz, Mayor April 17, 1998 Ms. Nancy Anderson City Council Research Office Room 310 City Hall Saint Paul, Minnesota 55102 Dear Ms. Anderson: KEVIN TRANIM CONSTRUCTION #98-052 Consider preliminary and final plat approval to allow the property to be subdivided into 16 lots for residential development. : _. / � Telephone: 672-2b66565 Facsimile: 6Z2-228d314 I would like to confirm that a public heazing before the City Council is scheduled for Wednesday May 6, 1998, for the following zoning case: �/i c� : File Number: Purpose: Address: 895 McKnight Road (west side batween William Tell Road and Valley View Place) Divisian of rrmuang 25 West Faurth SYreet Saint Paul, MN55102 Legal Description of Property: Lots 2 Yhrough 7, Block 1; Skyline Overlook My understanding is that this public hearing request wili appear on the agenda for the April 29, 1998 City Council meeting and that you will publish notice of the hearing in the Saint Paul Legal Ledger. Please call me at 266-6582 if you have any questions. Sincerely, Kady D dlez City Planner cc: File #98-052 Paul Dubruiel Pattie Kelly �>.;:, -<�:.c�, _ . - -.�,`�_, �'�� r� 5��v }:1're ,� • r�sr aunt • NOTiCE OF PLtSLiC HEARIIVG The Saint Favl (,7ty Council will conduct a publlc heazing on Wednesday. May 6, 1998 at 5:3Q p.m. in the C[ty CouncIl Cham6ers. Third Floor CiYy FIall-Court House. to consider the application of Aevin 1Yamm ConsWCtlon for a prelinunary and flnal plat to allow� the properry at 895 McKnight Road (west side behveen Wi3liam Tell Road and Vailey V'iew Place) to be subdi�zided into 16 lots for residentlai development. Dated:Aprfl?A.2988 . - - NANCYANDERSON - -- - Assistant Cl'ty Covndl Secretarg � . . fAmi122. 1998) DEPARIMENT OF PLANNING & ECONOMIC DEVELOPMENT Pamelrz Wheelock Director � . . G'ITY OF SAIN"I' PAUL Norm Caleman, Mayot Apri129, 1998 Ms. Nancy Anderson Secretary to the City Council Room 310 City Hall Saint Paul, Mionesota 55102 zs wesr Fo,�.rn sNee� Salrse P¢u2, � 53ZQ2 98-�a� Telephone: 612-266-6565 Facsimile: 612-128-3314 RE: Zoning File #98-052: KEVIN TRAMM CONSTRUCTION Preliminary and Final Plat for Emerald Estates 895 McKnight Road South (west side between William Tell Road and Valley View Place) City Council Heazing: May 6, 1998, 530 p.m. Ciry Council Chambers PiTRPOSE: To considar a praliminary and final plat request by Kevin Tramm Construction to allow the praperty at 895 McKnight Road South to be subdivided into 16 lots for residential development. . Dear Ms. Anderso�: Kavin Tramm Construction has submitted an application for praliminary and final plat approval for subdivision of the properiy at McKnight Road into 161ots. The properry is cuirently vacant and is being prepazed for single family residential development. Attached aze the staff report and preliminary and final plat for your consideratiom This application meets all subdivision requirements and staff recommends appmval of the preliminary and final plat. This item is scheduled to be heazd by the Saint Paul City Council on May 6, 1998. Please call Kady Dadlez of my staff at 266-6582 if you have any questions. Sincerely, � � �� Ken Ford Planning Administrator Attachments cc: CiTy Council members �8-�a� � PLAT STARF RBPORT ________ FILE #98-052 1. APPLICANT: KEVIN TRAMM CONSTRUCTION DATE OF �aT+T�G: Sf6/98 2. LOCATIOPI: 895 MCKNIGHT ROAD SOUTH (west side between Wm. Tell & Valley View) 3. L&GAL DBSCRZPTION: Lots 2 thru 7 Skyline Overlook 4. PRESSN'P ZONI23G: R-1 ZOITING COD& REFERENCE: §67,405 &�67.406 5. STAFF INVESTIGATION AND RSPORT: DATE: 4/27/98 BY: Kady Dadlez ______________________� ________ = � ________== � ==6_______________________________ ____ ° ___________�_===== 0 = A. PvRPOSE: To consider preliminary and final plat approval for Emerald Estates proposed by Kevin Tramm Construction. The plat will create sixteen (16) lots for single family homes. B. SITS & AREA CONDITIONS: The property is approximately 6.9 acres in siae and is vacant, except for Lot 16 which kas a single family home on it. The • property is occupied by scattered trees and vegetation. The site rises from McICnight Road and has gentle slopes with a rolling terrain. The property is surrounded on the north, south, and west by single family homes in an R-1 zoning district. To the east is residential development in the City of Maplewood. C. HISTORY AND BACKGROIIND: The subject property, along with one lot to the north and one 1ot to the south, was platted in 1995 to create eight lots measuring 82 feet wide and 614 £eet deep. The appliaant is proposing to replat six of those lots to create a 16 lot subdivision. D. DISTRSCT COL3NCIL RHCO2RQ8NDATION: The District 1 Community Council voted to suppor� the preliminary and final plat. E. 1. The applioant intends to subdivide a 6.9 acre site into 16 lots £or single family residential development. The applicant owns five of the six lots being subdivided and has a contract to purchase the other lot. The owners of that lot consent to their property being included in the plat. 2he subdivision will consist of two lots with frontage on McKnight Road measuring about S2 feet by 614 feet, with lot areas of more than 40,000 square feet. one of these lots already has a house on it. The remaining lots in the subdivision will have frontage on a new street, Emerald Lane, and consist of lots ranging in size from 10,700 to 18,000 square feet. Zoning File #98-052 Pege Two 2. Section 67.406 0£ the zoning code, Review of Divisions of Land, states that Lhe following findings must be met prior to approval of a subdivision: a. AII tke app2icab2e provisions of the Legislative Code are complied wi tfi. This finding is met. City staff have reviewed the proposed plat and determined that it meets all requirements and standards_of the City: b. The proposed subdivision mi1S not be detrimental to the present and poteatial surrouadiag Iaad uses. This £inding is met. The property will be developed with uses compatible to the surrounding area, which are residential in nature. c. The area surrovndiag the subdivision caa be plaaaed aad developed ia � coordiaatioa aad compatibility with the proposed sabdivision. The area surrounding the subdivision is largely developed for low density residential uses. The proposed plat and future uses are compatible with respect to those Sand uses. • d. The subdivisioa is ta cottformaace with the Compreheasive PZan. � This finding is met. The Land Use Plan calls for residential use and the property is zoned R-1, low density single family residential. The main housing recommendation of the District 1 Plan states, •`The District 1 Community Council recognizes that this is one of the last areas of the city where needed housing can be built. District 1 will work with developers to ensure good development, but will generally oppose rezonings to higher densities." p.ii e. The subdivisiou preserves aad 3ncorporates the site's importaat exisEing natural features, mkenever possible. This finding is caet. Tree preservation and erosion control plans will need to be submitted and approved before permits for grading and road construction can be obtained. Tree preservation wi11 be done in two phases for this subdivision: 1) one preservation plan for grading and road work for the subdivision, and; 2} when houses are built on individual lots a tree preservation plan wiZl be required as needed for each lot. A permit from the Ramsey-Washington Metro Watershed District will also be required to ensure that erosion and sedimentation are adequately controlled during and after construction. ` f, AS1 Iand iateaded for buiSdiag sites eaa be used safely witlxout endangeriag the residents by peril from fZoods, esosion, conEinuousSy hfgh water table, severe soiI conditioas or other meaace. � � .. . Zoning File #98-052 Page Three The land can be safely developed and used for residential purposes as intended without endangering residents. Tree preservation plans and erosion control plans will be required befare permits for grading and street construction can be approved. Tree preservation plans wi11 also be required as needed as each individual lot in the subdivision is developed. . g. The subdivision can be ecoaomicalIy served witlx public facilities aad sezvices. The lots will be served by public facilities and services accessible from McFtnight Road. The applicant will need to obtain an ordinance permit from the city to construct the roadway and utilities. Public Works made the following comments regarding the roadway and utilities: 1) the roadway widths , cul de sac radius, and right-of- way widths are acceptable; 2) crest vertical curve on the roadway shall meet a 30 mile per hour design speed; and 3) storm sewer location will need to be revised. In addition, Public works commented that street lighting and boulevard trees must be installed as part of the project. Since the storm sewer in McECnight Road is owned by Ramsey County, the applicant will need to obtain permission from the county to connect . to it. In addition, the applicant will need to obtain permission from Ramsey County for the Emerald Lane street opening and any driveway openings on to McKnight Road. The proposed utility and grading plans submitted with the plat are incomplete and are not approved as part of the plat. F. 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'""'"",. : �.; . _ ;; __ , : .';.�.-; _"_ . ::.- ,::::.. , `' ; ( `: ; ; :�` _.� _ - � ;� � i CJ y8-ya� SUBDIVISION REViEW APPLICATION � � Department of Ptanning and Economic Aevelopment Zoning Section II00 City Ha11 Annex +�� 25 West Fourth Street 5aint Paul, MN SS102 266-6589 APPLICANT Address �1V1LDf't•CWE12. Cd)t��2.T c�t stMN z; Daytime phone S1� Name of owner (if Contact person (f • •.. - . _ . 'uC��l(A�7E`��r�i�il�!G`� F . . _. _ . - . .. . - �-�. ..� • . . � (attach additiona! sheet if necessary) v� z � W z � � � a � 0 � � U E" Y .� t/� �' ,� W � � 6 Cf a C� � � w Q ^ a L•a (� ` F � �� m � � �. (1 M � O {�.1.{ � � � E p, � U W 2 t S 1-- � ¢ 3 Y < t- ` w J LL O d < d w 6 0 J 4 ¢ F W —�--- I�� l�`dU�� nww o��n ,a,is ��uas� x.3 L� �'I � � N `' � 1 1 � � � J I _-. — O tlii a F- w - 1' �i� � z - W -� � � a � x � � � F �� ' o �, �� -- ;=. �.�s -� I .� N < V i- > � w N s K N � w J N N S O �� t�ii� _ (•�i� .. � �� `�u�a4 x 4y W� „ �9�'.�� u ' �o Yk'm � �� -I- � = � � � -----� i un r��.� ; �„' � i;-� W L�I J U� C � I � ri � � � ' Figq : ll%i^Ti Hl1IL� 8�3i.SQFa rraTt ru. ..+... ..-- "__ uf1t9"t�r� � q{(,'p�ECCL t0 �iC T{7:T6eL`'ayadSsnatPsul ' F& I�s �d Shidey�Y ; F.E:F�a13Estases . i DT: Ap�323, 2998 � � 1 � ziz sova sssms�eese=ai P�4��t!YKe uc�e�iyea5lemyom' �1 / � ! ( -,- sszins .tssvaws�wob3 91=60 es I • � • s.�i�r p,L� � Al1AA INTER—DEPARTMENTe1L MEMO CITY OF SAINT PAUL Narm Coleman, Mayor RogerRyan Zoning Office, 1100 City Hall Annex DEPAR'TMENT OF PUBLIC WORKS Stacy M. Becker, Direcror FROM; linda Dickhu� PW/ Right of �hlay Division, SOQ City Hall Annex DATE: Apri! 8,1998 SUBJ: EMERALd ESTATES Preliminary and final plai The Departmant of Pubiic Works has compieted its review of the above referenced piat, and has the following comments. 1. Due to the plat being a replat of a recently recorded pfat with ties to government corners shown, it is not necessary to show them again, as long as some found monumentation is shown that would control the location of the plat. 2. If on this piat there are nof any found monuments shown from the first plat, then ties to government corners will need to be shown. 3. This plat wiil be subject to review by the Ramsey County Surveyor. 4. The property owneddeveloper wiil need an ordinance permit to construct the roadway and utilities. The following requirements pertain to the ordinance permit. a) The roadway widths, cul-de-sac radius and right-of-way widths are acceptab(e. b} Crest vertical curve on the roadway shall meet a 3D mph design speed. c) Storm sewer location will need fo be revised. 5. SVeet lighfing and boulevard trees must be instalied as parf of fhe project. Caii Ken Tailion at 266-6215 for street lighting standards and specifications. Call Greg Reese at 488-7291, e�. 306 for boulevard tree planting requirements. 6. The storm sewer in McKnight is owned by Ramsey County and wili require their permission for a connection. 7. Permission from Ramsey County Public Works must also be obtained for the Emeraid Lane street opening and any driveway openings onto McKnight Road. LD c: Tom Beach, Dave Ciaypooi, Pete Galiagher, Greg Reese, Paai St.Martin, Ken Taiilon Responsive Servires • Quality Facilities • Employee Pride � - q8-y�� . OFFICE OF LICENSE, INSPECTIONS AND ENVIRONMENTAL PRQTECTION Roberi Kessles, Dvedor SAINT PwUi � AAAA CIlY OF SAINT PAUL 672-266-9090 Norm Co(eman, �Lfayar 612-2b6-9D99 BUILDlNQ INSPECTlONAND DESlG,Y 3J0 SE Pe(er Streef Suite 300 SaintPaul,Minnesota SSID2-1510 • DATE: 4117/98 TO: Kim Tramm 636-5200 FROM: Tom Beach, LIEP RE: Emerald Estates PAGES: �� Telephone: Facsfmi(e: Per our phone call this morning, you wil( need to do a couple of things before permits can be issued for your subdivision. These wi11 not affect the timing for your plat. Watershed You need to send me a copy of a permit for grading from the Ramsey Washington Metro Watershed District. Contact Cliff Aichinger 777-3665. They will be looking primarily at erosion and sediment control. Your plan should have the following information: The location of the silt fenceis already shown. You should add the attached detail. A note must be added to the grading plan stating "Upon completion of storm sewer installation, storm sewer inlets shall be protected from sediment by silt fence, hay bales or equivalent measures. Protection shall remain in place until bituminous areas have been paved and lawn azeas have been established." The attached detail for a rock construction enirance must be added to the plan along with a note stating "A rock construction entrance ta be inscalled and maintained at entrances to existing hard surface roads. Rock entrance shall be no less than 50' in length and as wide as necessary for traffia Use I" to 2" washed roc[c." A note mast be added to the pian shating "Adjacent streets and alley to be swept daily as needed to keep them free of sediment" All disturbed ground IefC inactive for fourteen or more days must be stabi(ized by seeding, sodding, or mulching. Tree preservation This site is in the St. Paut Tree Preservation District. You already have a plan showing existing trees. You need to show which trees will be affected by grading for the subdivision, steps to protect trees to remain and any replacement trees. I have attached a handout on tree preservation plans. We agreed that tree preservaYion would be done itt two phases for this subdivision: You will submit one for the grading and road work for the subdivision and when houses aze built on individual lots a tree preservation plan will be required as needed for each lot. If you have any questions, you can reach me at 2669086 (phone) or 266-9099 (fas). • e.urse.xsa�cErcon�cxivsoo.nis . � From: To: D3te: Subject: Thomas Johnson PEDD. PfiD. rya�pge ~ �,. - 4l1/98 12:21pm Emerald Estates . y s-�a� The plan for the proposed plat is ok. The plan €or the proposed water main is incomglete_ Normally the plan review process for water mains,sewers, street paving etc. is done through public works. Paul St.Martin has been the contact person in Pvblic Works for new street projects. ,� r _ • � � � 3. 4. S. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. SLTNRAY-BATIZECREEK-HIGHWOOD f3AZEL PARK IiADEN-PFiOSPERiTY HILLCREST WES'£ SIDE AAYTON'S BLUFF PAYNE-PFitILEN NORTH END THONIAS-DALE SUMMTT-UI�lIVERSITY WEST SEVENTH COil�IO HAMLTNE-MII?WAY ST. AN'T'FIONY PARK MERRIAM PARK-LEXINGTON �IAMLINE-SNELLING HAMLINE MACALESTER GROVELAND HIGHLAND � SUMMTT HII,L DOWNTOWN ZONING FtLE Q�"� CITTZEN PARTTCIPATTON PZ.ANNING DISTRIGTS ._ ��: ;=� =� }�. __-__— a:_ �---=--- :� •-- ..=–. : — �_._.... =-- q8–�a�� . -- ~ i��_ - . ��, _- __' `��-,_--:�__'____ `�=��„\, . ^ �, � ,�,.��—��`�� ' ' y ,� + _.: - -�; �" �J`?l _. ��.. e_.!.> '�...!; I ��_-�-�� °'��=�-..,�.< , ,-� . . �` ��= ` , -== ", ; `<`�� : fi� �=�� . �._�_=-r'��L-:�.,, �—' _ ��_ : - s' - � �- _ ' . � - .'•-. , ,a ,� .��-_... ��_ � ,_ _.��y� _ � _ . �, '--- ''- '-=;— - — � ,-��_ s s , : , ` fi -� _ — � ..° y...-:m:� - — e Y` �� ` _ t '^" _"'J f 5 f '� ^_--`� > � ' r f �� ( \�� y j"i '] � � � '� � � �. .r�,-�__—_� -�a /: \f/ f � _^_'r.a.v- ^�_ �'. � q � � ` .. �u!: 1 \� F it � �-�l ��, � ..:�� /- .µ� \�_ ._..' . �-: : -- -..-� ' `'�,, '_,,.� �y��J ; � - :�-�-!_ ;"`" i `�, �, �;i �� e� ( 1'� � _ �;�L � - _ � �, ,��1 ' �. . - � f ' 1 ` P_ '�,� �. :� €�:. ��,.. Y � �`' ;1�� \�, \� �' {� �.�-_.I; q �U.: ]:� . � _ '� �.- � :� . .r ��,.i ��,`�'.�l ,'`;�� /' •,% , . .:.lx'�i,' ' ......, +�o. `� 'S'• �'�`"�...,� '-...� r �_\ °'\��C ' '_'_ __ -- ' ! -, �'' t xIF. �-n� \ \� _ ti . ..� t \ =� , 9m 1 ��1�� , t ) �� ,�: i f �. ._ _..� � ' �� _�:� ��:., . _ . . �� : � . _._ . � � . �� _ � � . �., s =� __G,'._. � � � D ��. ,.. , �—// '�.� s h3 , � � � �\ ' . ��'� J , -�/ !.r "• ;` : �'�. ( \ c'":� '��,�� ❑ `.'\��: ' / 1 ' \ . j ts. : y �j r . �. "_. R : . �., K:. � ` )t ' � :' � t—:z. �� 1��: t ` ( \ • > . y' � ' ..r_. _ L, �\%� � ,� � _ ",;".\\ 1 i� �;:.; '� :.- _ � , , � \ : �.. - ,�� e � ' , � Q� . '�;'�n<�,��s:,, �.,� �„ /�� `� .Gao� r ��` S �� f{ ';'� 9 �� ;'� � s zs,� . �tag� c :` `� _ •�, 1. • ��:�� '�, :. �kE-GREEK DISTRICT 1 U. ,�,�—,�—'"' _ � e } � �._ L_— > i.�3 . �� l� IEGEND PURPOSE��i1�ISi0I\ ((.o+�.b►M.td C�*7C��, zoning distcict boundary FIIE # ��"D�Z DATE�! � 70 � subject property � PLNG. DIST_�__ Mqp � yo 0 one famiiy � a-c � hvo family 7d � �-¢ � multiple family • � n � @ r�a es � V �, r . . ~ id�¢ii V .... .S?.`... .�..�.'X ....., .t ...., ...._�.-� . _ .... DEPAR'LMENT OF PLANNING & ECONOMIC DEVELOPMENT Pamela WheeZock Director � n CITY OF SAIN'f PAUL '�' Narm Co7eman, Mayor Aprii 29, 1998 Ms. Nancy Anderson Secretary to the City Council Room 310 City Hall Saint Paul, Minnesota 55102 25 West FounB Streec Sairst P¢u7, M.N 55102 RE: Zoning File #98-027 RICHARD EITEL City Council Hearing: May 6, 1998, 5:30 p.m. City Council Chambers q �� Zelepfione: 672-266-6655 Facsimile: 612-228-3261 Pi TRPnSF.: To consider rezoning property at the southwest corner of Larpenteur Ave. and the Interstate 35-E frontage road (west side of freeway) from R-2 (single-family residential) to B-3 (general business) for the purpose of constructing and operating an auto repair facility. PLANNiNG ('OMMi4STnN RF�OMMFNDATTON: AppROVAL vote: unanimous � 90NING COMMT7"1'�RF,COMMFNn TA TON: ?,ppROVAL vote: 7-0 RTAFR RRC'nMMFNDATTON: t1PpROVAL �T TPPORT: No one spoke. District 6 Planning Council voted to support the rezoning. One letter of support received. nPPOSTTTnN• No one spoke. One letter in opposition received. Dear Ms. Anderson: RICFIARD EITEL submitted a petirion to rezone properry at the southwest corner of Lazpenteur Ave. and the Interstate 35-E frontage road (west side of freeway). The Zoning Committee of the Planning Commission held a public hearing on the proposed rezoning on March 19, 1998. The applicant addressed the committee. At the close of the public hearing, the committee voted 5-2 to recommend approval to rezone to B-2. The Planning Commission discussed the application at its meeting on March 27, 1998, and referred the application back to the Zoning Committee for further discussion. On April 2, 1998, the Zoning Cvmmittee voted 7-Q to recommend appmval of the rezoning. The Planning Commission upheld the Zoning Committee's recommendation for approval on a unanimous vote on April 1Q, 1998. This proposed rezoning is scheduled to be heard by the City Council on May 6, 1998. Please notify me if any member of the City Council wishes to have slides of the site presented at the public hearing. Sincerely, l� .t Donna Drummond Ciry Planner Attachments cc: City Councilmembers �. . r� � city of saint pau! planning comm�ssion resolution file number 98—Z6 �te Apri1 1Q, 1948 �VHEREAS, RICHARD E. EITEL, File f 48-027, has petitioned to reaone the south�vest comer of Larpenteur Avenue and the Interstate 35-E frontage road, a vacant parcel of approximately 1.68 acres, situated between Lacpenkeur Avenue and Wheelock Parkway, from R-2 (single-fami3y residential) to B-3 (general business) for the purpose of constructing and operating an auto repair facility; and WHEREAS, the Zoning Committee of the Planning Commission on March 19 and April 2, 1998, 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 Section 64.400 of the Saint Paul Legislative Code; and ' WHEREAS,'the Saint Paul Planning Commission, based on the evidence presented to its Zoning ,Commiftee at the public hearing as substantially reflected in the minutes, made the following findings of fact: ' 1. . Richard E. Eitel is the contract purchaser of the properry. The State of Minnesota is listed as the •--fee owner, �and Mr. Eitel has been paying Ramsey County, which holds the property in trust for . the state, annual installments toward the purchase of the property. The City Attorney's office has advised that both the State of Minnesota as fee owner, and Ramsey County as trustee, must sign a waiver of any interest in the rezoning, or altematively, Mr. Eitel must pay off the contract. The City Attomey's office recommended that the Zoning Committee consider the petition, with the understanding that these waivers he received by the City or Mr. Eitel complete purchase of the property before final action is taken by the City CaunciL Subsequently, Mr. Eitel indicated that he paid off the contract with the county on March 31, 1998 to become the fee owner of the property. 2. Mr. Eitel intends to construct and operate an automobile repair facility on the northem 90 feet of the property, the portion that fronts on Larpenteur Avenue. He has also stated that he will be acquiring 20 feet of Larpenteur Avenue right-of-way from the state for a total of 110 feet to be developed. kIe intends to sell the remaining property, the southem 195 feet of the 3ot, to the - State of Minnesota to accommodate stormwater runoff from Interstate Highway 35-E. The rezoning petition is requesting that the entire property be rezoned to B-3, including the 20 feet of Larpenteur Avenue right-of-way. The State of Minnesota, as represented by 14fr. Louis K. Robards, Assistant Attomey General, has co-sio ed the rezoning application as fee owner for the 20 feet. His leiter of March 18, 1998, describes the pending purchase by the state of the southem portion of the site, and the reconveyance of the 2Q feet adjacent to Larpenteur Avenue to Mr. Eitel. moved by Field seconded by in favor Unanimous against Zoning File #98-027 Page Two of Resolution 3. The purchase by the State of Minnesota of the southem 145 feet of the lot and the recoaveyance of the 20 feet of Larpenteur Avenue right-of-way to Mr. Eitel from the state will become finalized when the condemnation award is filed in court by the state. Mr. Robards of the StaYe AYtorney General's office has indicated this will occur by April I5, 1998. When that occurs, Mr. Eitel will na longer own the southem portion, therefore it should be removed from Yhe application for rezoning. The state's condemnation action will create a separate lot or parcel. Only the remaining parcel, which Mr. Eitel will own, should be considered for rezoning from R-2 to B-3. 4. Section 60.544 (18) of the Zoning Code permits automobile repair facilities as permitted uses subject to special conditions in the B-3 zoning district. The proposed site has the potential of meeting atl of the required conditions related to minimum lot size, landscaping, indoor repair work, and outside storage. the rezoning is approved by the Ciry Council, a special condition use permit will be required. The planning commission amended its rules of procedure in 1984 (Resolu[ion 84-23) to delegate autharity for the approval of special condition use permits to the pIanning administrator in cases where public hearings have been held in which the commission has recommended, and the city council has approved, a rezoning specifically For a special condition use. The use of the properry for an automobile repair facility must meet all the required conditions relaTed to minimum lot size, Iandscaping, indoor repair work, and outside storage. In addition, the following additional conditions should be required: r1 � a. Only customer vehicles and employee vehicles of the permittee may be parked on the lot. This condirion is intended to prohibit long tenn stocage of vehicles . on the loY. b. All vehicles pazked outdoors on the 1ot shall be completely assembled with no parts missing. Vehicle saIvage is not permitted. � 5. The rezoning is consistent with the comprehensive plan. Goals and objectives of the District 6 Plan include the following: to encourage the development of new housing and businesses (p. 21). In addition, the Economic Development Strategy includes: 1) Objective #6, "ensure sufficient land for future business growth"; Z) Policy #25, "the city's land use plan should provide adequate land for industrial and commercial development and expansion in order to increase the proportion of commerciaUindustrial taac base"; and 3) Policy #29, "the ciry shouid periodically review its zoning regulations and amend them as necessary to keep current with technoIogicai and economic changes affecting the nature of business activity" (pp. 17-18). 6. The rezoning is consistent and compatible with the way the area has developed. Across Larpenteur Avenue to the norfh of the site is a gas station, which is in Maplewood. The freeway frontage road and Interstate 35-E are to the east. The southem edge of the site fronts on Wheelock Parkway, and across Wheelock aze the piayfields for Mississippi Creative Arts Magnet School. To the west of the site are residential uses along Wheelock Parkway and vacant tand zoned residential along Larpenteur Avenue. In addition, there is a si� i6cant amount of traffic in the area. Larpenteur Avenue carries 13,625 vehicles per day; the freeway frontaae road carries 6,82� vehicles per day; Interstate 35-E carries 135,225 vehicles per day; and �Vheelock Parktvay carries 5,000 vehieles per day. Given this level of traffic, residential development of this site seems nnlikely, and rezoning to allow commercial development is compatible �vith the way the area has developed. The rezoning will not have an adverse impact on adjacent properties if appropriate landscaping q 8-�# � • Zoning File #98-027 Page Three and screening is installed on the west side of any development of the property to shield the residential uses there. There will not be any immediately adjacent residentiai uses, however, because the state is also in the process of acquiring the eight platted lots immediately west of the sub}ect praperty (Lots 12 through 19, Dawson's Lake Como and Phelan Avenue Addition). S. The applicant submitted a sufficient petition of two-thirds of the property owners within one hundred (100) feet of the property stating support for the rezoning (three parcels eligible, hvo required, and two signed). NOW, THEREFORE, BE IT RESOLVED, by the Saint Paul Planning Commission that the petition of RICHARD E. EITEL, to rezone properry at the southwest corner of Larpenteur Avenue and the Interstate 35-E frontage road, a vacant parcel of approximately 1.68 acres, situated between Laipenteur Avenue and Wheelock Parkway, more particularly described as Section 19 Township 29 Range 22 subject to Highway part of the west 1/2 of the northeast 1/4 of northeast lf4 north of Wheelock Pkwy in Section 19, Township 29, Range 22, plus an additiona120 feet immediately north of previously described site (e�ctly described in the file), from an R-2 (single-family) zoning classification to a B-3 (general business) zoning classification is consistent with the Comprehensive Plan for the City; however BE IT b'iJRTHER 12ESOLVED, that the Saint Paul Planning Commission does hereby recommend to the Council of the City of Saint Paul that only the northem 110 feet of the property located at the southwest comer of Larpenteur Avenue and the Interstate 35-E frontage road, a vacant parcel of approximately � 26,400 square feet, situated beh�een I.arpenteur Avenue and Wheelock Parkway, be rezoned from R-2 to B-3, gending finalization of the purchase of the southem l85 feet by the State of Minnesota and reconveyance o£the 20 feet of Larpenteur Avenue right-of-way to Mr. Richard Eitel, and receipt of the descriptions of the two separately described properties from the State of Minnesota prior to final City Council approval, in accordance with the information for the rezoning on file with the Saint Paul Department of Planning and Economic Development. q8-ya� � � LJ Saint Paul Planning Commission City Hall Conference Center 15 Kellogg Boulevard West A meeting of the Plannin� Commission of the City of Saint Paul was held Friday, April 10, 1998, at 8:3Q a.m. in the Conference Center of City Hall. Commissioners Present: Commissioners Absent: Mmes. Duarte, Engh, Morton, Nordin, Treichel, and Wencl and Messrs. Field Jr., Gervais, Gordon, Johnson, Kramer, McDonell, Nowlin and Sharpe. Mmes. *Faricy, *Geisser, Maddox and Messrs. *Chavez, *Kong, *Mardell, and *Vaught. *Excused Also Present: Ken Ford, Planning Administrator; 7ean Eirkholz, and Roger Ryan, Department of Planning and Economic Development staff. I. Approval of Minutes of March 27, 1998 MOTiON: Commissioner McDonetl nroved approval of tl:e minutes of March 27, I998; Commissioner Treichel seconded the n:ation whicla carried unanimnusty nn a voice vote. II. Chair's Announcements Chair Morton announced the unexpected resignation of Roger Ryan, who has worked as a City Planner for the City of Saint Paul for 36 years. Chair Morton read a resolution of thanks in his honor. �. Ryan aclrnowledged that he is happy to retire, but will sincerely miss coming to Planning Commission meetings and Zoning Committee meetings; and he will miss working with all its members on the various issues throughout his years with the City. Commissioner Wencl assured Mr. Ryan that he will always be welcome at Zoning Committee meerings. She thanked Mr. Ryan for his work throughout the yeazs. Commissioner Field echoed Commissioner WencPs comments. He added that Mr. Ryan's history and lmowledge of the zoning code will be greatly missed. He asked Mr. Ryan to consider, at some time, being a member of the Planning Commission. MOTICIN: Contmissioner Fietd moved approval of the resolutior:; Commissioner Nordin seconded the motion which carried unanimously on a voice vote. Chair Morton urged members of the Planning Commission to tum in their completed forms that came in the latest packet to Jean, if they have not already done so. III. Planning Administrator's Announcements � Mr. Ford noted that PED staff is very sorry to see Roger Ieave, but are very happy for him and think that his retirement is very well deserved. Mr. Ford announced a retirement dinner for Roger Apri124, 1998, and he encouraged ail members to attend. Mr. Ford reminded Commissioners that at their last meeting they took action to express ttteir opinion on a proposal before the City Councit that would waive fees for distact councils when they fiIe appeals of decisions by the Planning Commission, the Zoning Administrator, or the BZA. He stated that the proposal failed this week at the City Council meeting on a vote of 4- 3. Mr. Ford announced that Mr. Larry Soderholm wiII be stepping in where Roger Ryan has been to help guide the zoning function in PED. That wilI mean some oYher changes for the rest of staff for fmishing the Comprehensive Plan and other tasks. Mr. Ford announced that Mr. Soderholm has just retumed from the annual conference of the American Planning Associarion in Boston and reported that there is a great deal of interest and concern about things that the Planning Commission and planners are talking about here. He asked Lacry to give a brief report at this rime. Mr. Ford informed Commission members that he �vill be leaving now to attend a hearing elsewhere and that Mr. Ryan will be staying in his glace. Commissioner Gordon asked Mr, Ford if the City Council gave a reason with respect to rejecting the fee waiver. Mr. Ford replied that one member expressed that there is no reason district councils shouid be singled out from others who make applicarions for appeal, and that he had not had any conespondence or requests coming from district counciIs supporting the � idea. Others expressed that there was no reason for singling out district councils and if we did singie them out, then who else ought to have some special treahnent. Mr. Soderholm reported on the American Planning Association's Annual Conference, which took place in Boston. He stayed in Brookline, an inner suburb of Boston, and rode the "green LRT Iine" to downtown Boston for his meetings. Ellen Goodman, the Boston Globe columnist, was the kickoff speaker for the opening session. She said that real Americans don't plan, and if they do, they don't admit it. She stated that the values of the American society have emphasized so much individual achievement and individualism that the American society needs to re-balance its values. Planning Commission members and planning staffs have a role to pIay in expressing the collective side of the equation. She reminded the audience, as a chronicler of the Women's Movement, that the Women's Movement started with the ideas that women would be able to advance in careers and have professional lives, and that society needed to recognize the vatue of caretaking roles that women traditionally had played. She went on to say that Americans have been much more successful at making women's careers possible than at changing the values of our society to recognize the importance of cazetaker funcrions and the worth of the commonwealth. Mayor Menino of Boston talked about his favorite projects. One of them is a new comprehensive plan they are starting called "Boston 400." He emphasized that Boston is a walldng city and Larry found out fhat it certainiy is. It's a city of history and m'viced use and beautiful parks. Boston is talking about moving Fenway Stadium or replacing it. Preservationists want to restare it. Mr. Soderholm said he was especially interested in Washington Street in Boston that runs from downtown south to Roxbury, a low income minority _ r. r � community, which Mayor Menino says will be the "Street for the next Century." It is a wide street similaz to University Avenue. Larry brought back copies of their plan. Boston also has extensive public gardens. The city leases land to a central garden organization for 99 years to have permanent public gazdens. The themes of the sessions emphasized "Iiveable communities," "walkable neighborhoods," "higher density housing," and "transit oriented design;" the same issues that we are concemed aboutin Saint Paul are being debated throughoutthe United States. A conference proceedings �vas published that contains resources and people to contact in other cities about related issues. Mr. Soderholm said that he was impressed to leam that the Dallas LRT System, which opened 18 months ago, is a great success. Retail businesses are now snapping up property on the street in downtown Dallas on which the LRT is located. Dallas is also planning village type centers around the LRT stations. Mr. Soderholm mentioned that he also leamed some things about regulating "big bos" development, an issue of concern for the University Avenue Plan. In Fort Collins, Colorado, they require a lot of little things that help mitigate the impact. The "big box" companies are somewhat sensitive to the fact that people generally dislike them. People shop there, but as a part of their community, they dislike the "big box." Wal-Mart is starting a new branch called Smal-Mart, with 4Q,000 square foot stotes that they can locate near and in downtowns. Some of the regulations that were talked about regarding "big boxes" were: 1) allowing no more than 50°10 of their parking to be between the street and the building; 2) making them wrap the parking around behind; 3) not allowing big blank walls (IYs imgortant for public safety and for � aesthetics to have doors in any facade that opens to a public street.); and 4) tiaving some transparent windows along big long walis. Mr. Soderholm promised that he would be putting together a Boston slide show for the staff and talking about some of these things in more detail. Chair Morton noted that Ms. Homans would be passing out invitations for Roger's retirement party, in case some members had not received one in the mail. IV. Zoning Committee ##9�77� Alter Tradina,s'urn., �ration - Gonclude special condition use process for a lazge metal shredder at 801 Bazge Channel Road. (Roger Ryan, 266-6574) Commiss3oner Field stated that there had been an apparent problem with the notification process. Staff recommended and the Committee concurred that this item 6e laid over to April 16, 1998. #{98-3fi Mendnta Homes inc_ - Special condition use permit to allow a cluster development with ten townhomes (five twinhomes) at the southwest quadrant of Lexington and St. Clair Avenue. (Beth Bartz, 266-6580) riQTION: Commissioner Field moved approva[ nf the special condifion use permii to allaw a ctuster devetopment with twelve townhomes (six twinhomes) ai the southwest quadrant of Lexington and SG ClairAvenue with 10 {ten) conditions, which carried unanimously on a voice vote. �-027 Rchard F.it�! - Rezoning of property at the southwest corner of Interstate 35E frontage road between Larpenteur and Wheetock Pa:kway from R-2 to B-3 to alIow constncction and operation of an auto repair facility. (Donna Dtuminond, 266-6556) Commissioner Field stated that there had been some discussion about this at the Zoning Committee because part of this property is being acquired by the State Department of Transportation. Ms. Donna Drummond approached the podium to expiain. She said that the purchase of the southern 2/3 of the property that was appiied for rezoning will be finatiaed by April 15, 1498. When that occurs, the State of Minnesota will have taken ownership of the southern 2/3 of this 1 1/2 acre property, and Mr. Eitel will retain ownership of the northern 1!3 of the property. This northem third is the portion that the Zoning Committee recommended be rezoned. The southem portion would not be re2oned. MOTiniV: Commissioner Field moved approval with coaditions of a request to reZOne ' properly at the southwest corner af Interstate 35E frontage road between Larpenteur and YVheelock Parkway from R-2 to B-3 to allow construction and operation of an auto repair facility, which carried unanimausly on a voice vote. r� LJ #9R-0�5 Profetc_iona niid�g�rvi�ec_ - Special condition use pemut to allow outdoor sales of new and used automobiles and modification of khe lot azea requirement at 1176 Dale Street North. (Donna Drummond, 266-6556) � MnTiON: Commissioner Field moved denial nf the requested special condition use permit to altow outdoor sules of new and used automobiles and modificalion of the lai area requirement at 1176 Dale Streef North ivhich carried unanimousTy an a voice vofe. #9A 051,_,TQrom T a roix and �Vitliam Dunnitan - Rezone property from RT-2 (residenfial) to B-3. (general business) at 365-367 and 371 Smith Avenue North to allow expansion of an existing auto repair and service station. (Beth Bartz, 266-5599) Commissioner Field explained that there was testimony that led the Zoning Committee to vote for a layover of this issue to April 16, 1998. �98-0� M l�vin FI�ard (Knadom Aalll - Sign area variance to allow two idenrifrcation signs (30 square feet permitted; 52 square feet requested; for a variance of 22 square feet) at 678 Aague Avenue. (Jim Zdon, 266-6559). MOTION: Cammissioner Field moved approval with conditzons of the requested sign area variance to allow a single 40 square feet identif:cation sign at 678 Hague Avenue which carried unanimously on a voice vote. Commissioner Fieid read the agenda for April 16, 1998. � 1' � MINUTES OF 7HE ZONING COMMITTEE Thursday, Apri{ 2, 1988 - 3:30 p.m. City Council Chambers, 3rd Floor City Hati and Court House 15 West Keflogg Boulevard 7�� ABSENT: Chavez, Faricy, Field, GordoR, Kramer, Vaught and Wenct Morton (excused} 98-�2� OTHERS Peter Warner, Assistant City Attorney; Beth Bartz, Donna Drummond, Pattie Ketley, PRESENT: Roger Ryan, and Jim Zdon of PED. The meeting was chaired by Commissioner Fieid. Ri�hard Eitel, File 98-027 - Rezoning from R-2 to B-3 to allow construction and operation of an auto repair facility at the southwest corner of Interstate 35-E (frontage road between Larpenteur and Wheefock Parkway). Donna Drummond referred to and expiained a Ietter received from the Attomey GeneraPs Office ot the State of Minnesota confirming that the Department of Transportation is in the process oF acquiring Lots 12 through 19 immediately adjacent to the west of the Eitel property. She said the fatest information she has from the Attorney GeneraPs Office is the condemnation award wili be filed by April '15th, and that the date it is filed is considered the date the State is in ownership of that property. Upon question of Commissioner Kramer, Ms. Drummond stated April '15th is the date the property will be spiit. � At the question of Commissioner Gordon, Ms. Drummond explained if the rezoning is approved, the applicant wil{ have to compiy with a{I guidelines set forth by the 5tate. . Ms. Drummond also referred to and explained a Planning Commission poiicy which allows staff to administratively issue SCl1Ps required for development proposed as part of a rezoning. Upon question ofi Commissioner, Ms. Drummond said tfie original packet included a letter from the Attorney Generai's Office stating there would be a condemnation award filed, and it also identified that portion of the property which will be acquired by the State. She further stated the parcel of land between east of the E+tel property and 135-E wi(1 remain zoned R-3, when there is a City right-of-way the zoning boundary extends to the middfe of the right-of-way, that the State of Minnesota owns the property for the 135-E right-of-way outright, and the frontage road is considered part of the 35-E right-of-way. Upon question of Gommissioner Wenct, Ms. Drummond explained the appiication came in for the entire property because that is what the applicant owned. She said the applicant was purchasing this property from the County, who were holding it as trustee fior the State of Minnesota. She aiso noted Mr. Eftel has paid that contract off, which she confirmed with the County Tax Forfeit Office. Ms. Drummond further stated the property is not yet divided because the condemnation award has not been filed by the State. When it is filed, the State wilf then be the owner of the property and it wili become two separate parceis. Upon question of Commissioner Vaught, Assistant City Attorney Peter Warner explained the petition is to rezone a set piece of property, and tfie Zoning Commission could recommend the City Gouncil consider rezoning to $-3 oniy that portion which the appficant wants to devefop. The remaining parcei of propeRy will more than likely r�ef be held as a drainage basin for the State of Minnesofa. Mr. Warner further stated it is his understanding that the long-term goal of the State is to eventually increase the size of 135-E in width by adding more lanes, which is why the State is progressing farther west to pick up additional property for storing stormwater from 135-E. He also referred to concern that if a new R-3 zoning district is created that an R-3 use wi(t go in that area, and said that is not likely to happen. 2oning Committee Minutes Aprit 2, 1 S98 Richard Eitei (98-027) Page Two Commissioner Kramer asked if tfie applicant would be �equired to repetition in order to rezone a smaller area, and Mr. Wamer said no and that adequate notice has been given to property owners who might be interested in this rezoning. At the question of Commissioner Wencl, Mr. Warner expiained when the government sets out to acquire a property through eminent domain they have to state a public purpose, and the public purpose is to acquire land for drainage. Chair Field said the pubfic hearing was closed on this item at the March 19th meeting, buf the applicant is present and wouid like to speak to the Gommiftee. Commissioner Vaught moved and Commissioner Gordon seconded the motion to reopen fhe publi� hearing, and roll cait was taken. Adopted Yeas - 7 Nays - 0 (The public hearing was reopened) Richard Eitei (4268 Pond View Drive, White Bear Lake, Minnesota}, appeared and presented an aeriai photograph of the property displaying the portion the State wiil be purchasing. At the question of Commissioner Kramer, Mr. Eitel expressed agreement to the rezoning being subject to the parcei heing acquired, of rezoning only the portion of land he will be keeping. IVo one appeared eifher in support or opposition, and the public hearing was closed. Commissioner Gordon moved to approve rezoning of the part of the properfy that the applicant wishes to use for the business, and the motion was seconded by Commissioner Wencl. Commissioner Kramer said it was his understanding that rezonings needed to be approved by zoning Iot and not by a portion of a lot, and Commissioner Vaught expiained by fhe time {his Committee's recommendation is before the City Counci! the lot split shauld have taken piace. At the suggestion of Peter Warner, Commissioner Gordon inctuded in his motion that at the time when the properfy is spfit, tfie legal description, which is required by the State, wiil then become tfie legal descripfion that the City Councit wili act on. This condition to the motion was seconded by Commissioner Wencl. There was no further discussion. Adopted Yeas - 7 Drafted by: Pattie Ke11 Recording Secret ry Nays - 0 Submitted by: C Cvwr� Q jL�+� Donna Drummond NoRhwestTeam Approved by: Litton Fietd Chair � r� L.._� �: _� � Saint Paut PIanning Commission City Hall Conference Center 15 Keilogg Baulevard �Vest A meeting of the Planning Commission of the City of Saint Paul was held Friday, March 27, 1998, at 8:30 a.m. in the Conference Center of City Ha11. Commissioners Mmes. Duarte, Engh, Faricy, Geisser, Maddox, Morton, Treichel and Wencl Present: and Messrs. Field Jr., Gervais, Kong, Kramer, Mardell, McDonell, Nowlin and Vaught. Commissioners Ms. *Nordin and Messrs. *Chavez, *Gordon, *3ohnson, *Sharpe Absent: *Excused L.J Also Present: Ken Ford, Planning Administrator; Jean Birkholz, Donna Drummond, Nancy Frick, Tom Harren, Nancy Homans, Patricia 7ames, Csary Peltier, Roger Ryan, Larry Soderholm, Allan Torstenson and Jim Zdon, Department of Planning and Economic Development staff; and Mike Klassen from the Department of Public Works. I. Approval of Minutes of March 13,1998 1YibTiON: Commissioner Kramer moved approvat of tlae minutes ofMarch 73, I998; Commissioner Field seconded the motio�: which carried unanimously on a voice vate. II. Chair's Announcements Chair Mofton announced that at that moming's Steering Committee the position of quadrant liaison was discussed. Mr. Ford has drafred "Expectations for Neighborhood Liaisons" to be used as a guideline. Chair Morton further announced that the Steering Committee has proposed a resolution that states the Planning Commission opposes the refund of appeal fees to applicants when presented by the community councils, in response to a resolution being presented by Councilmember Coleman which states that community councils would be refunded application fees for appeals. The Planning Commission's rationale for opposing Councilmember Coleman's resolution is that no group should be singled out to have a refund of a fee. Commissioner Kxamer interjected that he thinks iYs a waiver, not a refund. Commissioner Vaught commented that he thinks the issue remains the same. If there are agpeal fees, they should apply to everyone; if there are not appeal fees, that also should apply to everyone. Ae sees no logic for exempting a particular category of appellants from the fee, and he is troubled if appeal fees are selectively applied to particular groups or individuals and not to others. The same rules should apply to everybody. Commissioner Field noted that an individual or group of individuals, who wish to appeal may, rather appealing on their own accord, choose to pursue it through the district council just for the waiving of the fee. He ciearly thinks that it would be bad poticy to select one group for those � fees to be waived. The motiai on the flnor to submit a resolution stating that the Pla�:�:ing Commission npposes the refund or waiving of fees for appeals by communiry councils carried unanimotuly on a voice vote. Chair Morton announced that there will be another meeting of committees at the cIose of the meeting to choose different meeting dates for the Comprehensive Planning Committee and the Neighborhood and Current Planning Committee. III. Planning Administrator's Announcements Mr. Ford reported on his inquiry into the reasoning for the City Council finding enor on the part of the Planning Commission in upholding an apgeal for the Citgo sign at the service station near Snellino Avenue aad I-94. They concluded; 1) the site of the proposed sio does not constitute an unusual condi[ion. The fact that the filling station is located next to the freeway is not so unusual that the extra visibility provided by a higher sign is necessary; and 2) the greater height and greater size of a proposed sign would adverseiy affect adjacent residen[ial properties. Due to the greater height and size of the proposed sign, it's light would cast even more glare on surrounding properties. Copies of that resolution are available from Mr. Ford. Mr. Ford continued that at the last City Council meeting, there was an appeal by the applicant of the Planning Commission's deniai of a speciai condition use permit for an auto specialty store on East 7th Street. That appeal also was upheld by Yhe City Council. They concluded that they could place enough conditions on it, and the sero of autos was a limited part of what was going on there. It is limited to onIy one bay and to a very limited type of service. Most of the store was more like a retail store than an auto servicing. Also before the City Council was the appeal of the Planning Commission's denial of a determination of similar use pennit for the nursery aY the property on Point Doualas Road. That appeal was denied. IV. Zoning Committee #€98-01 t hiontcalm Res�n�e / P�t�tKg?ly (Laid over from March 5, 1993) - Special condition use petmit to allow conversion of residential structure greater than 9,000 sq. ft. As a residence for frail elderly and elderly with dementia/Alzheimers. (Jim Zdon, 26b-6559, Southwest Team) � MO��I2N: Con�missioner {i�encl moved appraval of tfte requesr for a special condition use permit to allow conversion of a residenlia! sirucfure greater than 9,000 sq. ft.,Yo be used as a residenceforfrail elderly a�td eZderly wiHi dementiaUAlyheineers with conditions. �� Commissioner Vaught noted that he voted in opposition at the Zoning Committee but will vote � in approval today. Commissioner Faricy stated that she had also voted in opposition at Zoning Committee but will vote in approval today. She researched the history and decided to change her vote because the tesidence has been vacant for one and a half years and is in disanay. The motion on the floor carried unanimously on a voice vote. #98-�27 Rich�=s1F� - Rezoning to allow construction and operation of an auto repair facility at the southwest comer of Interstate 35E frontage road beriveen Larpenteur and �Vheelock Parkway. (J7onna Drummond, 266-6556, Northwest Team) Commissioner Wencl stated that the south portion will be sold to the state of Minnesota after the rezonin� occurs. The north portion that fronts on Larpenteur wilt be used for auto repair. In 1984 the Planning Commission passed a resolution that stated that rezoned properties that also needed a special condition use pettnit could be decided by staff instead of coming back to the Planning Commission. Commissioner Kramer said that he voted against this at Committee because this property will be divided into two pieces after the rezoning. The remaining piece of B-3 progeriy will belong to the state, so we do not lmow what the ultimate proposed usz of that piece will be. Commissioner Vaught stated that he also voted against it at the committee level and he will vote against it again today if the Flanning Commission will be taking the vote today because it is � spot rezoning. Commissioner Nowlin said that he is also concerned about this case. It concerns him to put a commercial use so near to a school. He is also concerned that the policy of staff making the decision on a special conditaon use permit if a reaoned parce] needed it, may be against state law. He feels that it's very important that a special condition use permit after rezoning, be brought back to the Planning Commission so that the Commission can assure that vegetative treatment is done and that the use is properly buffered, in this case, both from the school and the freeway. L�TnTTO\T: Commissioner Fietd moved that this cttse be laid over and referred back to the Zoning Commiriee for further actian on April Z, 1993. Commissioner Kramer seconded the motion which carried unanimously on a voice vole. #9ft-D'i4 Victoria F7Q_�k - Nonconforming Use Permit to allow re-establishment of general auto repair at 951 White Bear Avenue. (Al Torstenson, 266-6579, Northeast Team) Commissioner Wencl reported that there was a great deal of discussion at Zoning Committee as to whether this had actually been an approved use in operation, etc. �TOTtON: Commissioner Wencl moved deniat of the requested nazconforming use permit to allow re-establistamerct ofgeneral auto repair at 951 �3'hite BearAvenue. The motion carried unanimously on a voice vote. �4R-036 M��a I3omes,Inc, - Special condition ase permit to allow a cluster development with twelve townhomes (six twinhomes) at the southwesi quadrant of Lexington Parkway and � St. Ciair Avenue. (Beth Bartz, 266-6580, Southwest Team) Commissioner Wencl reported that this case was laid over to April 2, 1998. Commissioner Wencl read the agenda for Thursday, Apri12, 1998: Old Business of Alter Trading Corporation, Mendota Homes, and Richard Eitel; New Business is for Professional $uilding Services, Jerome LaCroix and William Dunnigan, and Melvin Heard (Kingdom Hall). Commissioner Geisser asked why A1ter Trading Cocporation was on the agenda. Mr. Ryan replied that the original application in 1995 is being concluded now with application of the new zoning regulations, following the zoning study. Chair Morton annoanced thaY the Midway Parkway West Como Small Arza Plan was adopted by the Ciiy Council on December 17, 1997. Copies are now available from Patricia James. V. Comprehensive Planning and Economic DeveIopment Committee b10TI(1N: Comn�issia��er Maddox moved that the Pkalen Boulevard Draft EIS be fnrwarded to the City Counci[ and recommended for release for public revieiv and comment; and thnt a meeting be held on it. Ph�ten Bo» lev�rd braf�Fi4 - Report and Recommendation for release for public review - (Nancy Frick} Ms. Frick reviewed the document with a slide presentation. She explained that the purpose of � an EIS is to provide information ta the decision maldng body and the public about the consequences of taking the acrions that are proposed. It is based on a formal Scoping Decision that this body heard and recommended upon, and the City Counci2 adopted in 1446. This EIS looks at three types of altematives. FirsY of atl, it assesses the impact of not building the project. The other alternatives are reviewed in relationship to the no buiId altemative. The EIS also looks at a transportation system management (TSNl) aITemative, which evaluates sotving the problem by making smaller, minor improvements to the system instead of doing a major build project. The build altematives are divided into three segments: 1) a western segment, between 35E and Burr Street (three alignments}; 2} the central segment, beriveen Butr Street and Earl Street (five alignments); and 3} the eastem segment, betw�een Earl Sueet to Johnson Parkway (one aiignncent), The westem segment asks hocv do you connect Phalen Boulevud with 35E. Ms. Frick explained each aItemative with the assistance of enlarged projected maps. Questions arose regarding the bus bam, timetables, and traffrc movement. The central segment's key questions aze how do you get through the area between Payne and Arcade, and hosv do you access Payne Avenue from Phalen Boulevard. Common to all the � MINUTES OF THE ZONiNG COMNfITTEE Thursday, March 19, 1998 - 3:30 p.m. � City Councii Chambers, 3rd Ploor City Hall and Court House 15 West Keflogg Bouievard PRESENT: ABSENT: OTHERS PRESENT: Chavez, Faricy, Gordon, Kramer, Morton, Vaughf and Wenci Field (excused) � � �a� Petec Warner, Assistant City Attorney; Beth Bartz, Donna Drummond, Pattie Keliey, Roger Ryan, Ailan Torstenson and Jim Zdon of the Planning Division. 7he meeting was chaired by Barbara Wencl, Vice Chair. RICHARD EITEL - Zoning File 98-027 - Rezoning from R-2 to B-3 to allow construction and operation of an auto repair facitity. Donna Drummond presented slides and gave the staff report recommending approval pending receipt of the signature of the appropriate fee owner prior to final approval by the City Council. Ms. Drummond referred to a letter received from the Attorney Generai's Office dated March 18, 1998 in support of this rezoning, and that Mr. Eitel is in the process of paying off the contract and wil! become the fee owner of this property. • Upon questions of Vice Chair Wenci, Ms. Drummond said rezoning does not necessarily entail development of the site and this woutd simpiy change the zoning ciassification for the property. She stated Mr. Eitel has indicated he would like to develop a repair facility and if so, he wouid have to apply for a Special Condition Use Permit and it would also need to go through a site plan review. Ms. Drummond fuRher stated the arrangement is that the State would be acquiring from Mr. Eitel the southern two thirds of the property. She explained that inciudes the wetiand whicfi therefore wouid not become an issue as the wetland wou{d be preserved being on State-owned property. Upon question of Commissioner Faricy, Assistant City Attomey Peter Warner said the letter from the State was written as his prompting to staff because of the status of the property presently is tax exempt, and in reading the letter he is satisfied there is no probiem going forward witfi the rezoning. At the question of Commissioner Kramer, Donna Drummond said with fhe southem parcel of 195 feet sold back to the State, according to the p(at map Mr. Eitel will retain a totai of 26,400 square feet. Upon quesfion of Commissioner Vaught, Ms. Drummond stated although she did not investigate what the properties are zoned for in the area immediately north across Larpenteur in Maptewood, she reviewed the existing land use which is a gas station and which she believes to be zoned commercia! in fhe Maplewood Zoning Code. She further stated that the closest B-3 zoning in Saint Paui is immediately across Interstate 35-E to the east. Upon question of Commissioner Kramer, Donna Drummond stated part of site to the west is vacant land and it is zoned residential. Richard Eitei {A268 Pond View Drive, White Bear, Minnesota), appeared and said the State is acquiring the south portion of his land along with the property to the west, which inciudes the house shown on the slides presented by Ms. Drummond. � n � r; -- ..� ..��mrctee Minutes March 19, 1998 Richard Eitel (98-027} Page Two Commissioner Kramer asked Mr. Eitel why he was requesting ta rezone a portion of land that he will no longer own. Mr. Eitei explained it was defermined by City staff it woutd be #he only way to proceed since it is currently one parcei unfil the sale of ths southem porFion to fhe State is finalized. He said he is in the process of settiing the contract for deed, but did�'t realize that was a probiem untii staff informed him. No orte appeared in support or opposition, and the puhiic hearing was ciosed. Commissioner Faricy moved approvat of the staff recommendafion, and the motion was seconded by Commissioner Chavez. Commissioner Kramer expressed concems that rezoning to a B-3 aliows a muititude of uses in that vicinity, that rezoning would leave a potentiai B-3 parcel vacant, and his greatest concern is that he betieves approving this request is spot rezoning. Gommissioner Vaught said he will be voting against the motinn because he aiso believes this is spot rezoning. There was no further discussion, and the motion was cailed. Adopted Yeas - 5 Nays - 2(Kramer, Vaught) � Drafited by: , Pattie Keliey Recording Secreta Submitted by: Approved by: �ar�'� U�inm�c'zl Donna Drummond Northwest Quadrant Barbara Wencl Vice Chair ��' �{dC :� ZONISiG CQMMITfi'E8 STAFF 88PORT FILS # 96-027 l. APPLICANT: EITEL, RICHARD E. DATS OP ASARING: 03/19/98 2. CLASSIFICATION: Rezoning 3. LOCATiON: Southwest corner of Larpenteur Ave. and Interstate 35E frontage road 4. PLANNIISG DISTRICT: 6 5. LEGAL DSSCRIPTION: Section 19 Town 24 Range 22 subject to Awy part Of W 1/2 of NE 1/4 of NE 1/4 N af Wheelock Pkwy in Sec 19 TN 29 RN 22 6, PRESENT ZONII3G: R-2 ZONING CODE REFERENCE: §64,400 7. STAFR INVESTIGATION AND RSPORT: DATE: 03j11/98 BY: Donna Drummond 8. DA2fi RfiCBZVED: 02/02f98 DEADLINE FOR ACT20N: 04J14/98 A. PIIRPOSE: Rezoning to allow construction and operation of an auto repair facility. , B. PARCEL SIZE: The property to be rezoned has 240 feet of frontage on both Larpenteur Avenue on the north side and Wheelock Parkway on the south side, and is 285 feet in depth for a total lot area of 68,400 square feet (1.57 acres). C. E7CISTiNa LAxD IISE: The progerty is vacant and contains a small pond in the southeast corner. D. SIIRROIINDING LAND IISE: North: Gas station and single-family homes in Maplewood. East: Interstate Highway 35-E and commercial uses beyond in a B-3 zone. South: Mississippi Creative Arts Magnet School in an RM-1 zone. West: Vacant property on Larpenteur Ave. and single-family homes on Wheelock Parkway in an R-2 zone. E. ZONING CODB CITATSON: Section 64.400(a) states in part that �'the council may, from time to time, amend, supplement or change the district boundaries or the regulations herein, or subsequently established herein pursuant to the provisions of Minnesota Statutes Section 462.357 and amendments thereto as may be made from time to time. The planning commission may, from time to time, review district boundary lines to determine if, pursuant to state laws, such district boundaxy lines should be changed." Section 64.400(b) states in part that '�an amendment to the zoning code may be initiated by the council, the planning commission or by petition of the owners of sixty-seven {67) percent of the area of the property to Zoning File #98-027 Page Two be rezoned." F. HISTORY/DISCII35ION: In 1992, Richard Eitel applied for site plan approval to fill the property. The site plan was not approved because it would have eliminated a wetland. G. DISTRICT COUNCIL RBCOi�fENDATION: The DistriCt 6 Planning Council voted to support the rezoning petition. However, they will consider the proposed use for an auto repair facility separately when there is an application for a special condition use permit. In addition, staff had received no calls or correspondence in opposition to the rezoning petition at the time this report was written. H. FSNi7SNG5: � 1. Richard E. Eitel is the contract purchaser of the property. The State of Minnesota is listed as the fee owner, and Mr. Eitel is paying Ramsey County, which holds the property in trust for the state, annual installments toward the purchase of the property. The City Attorney�s office is investigating whether Ramsey County or the State of Minnesota must co-sign the rezoning petition Por the application to proceed. The City Attorney's office has recommended that the Zoning Committee consider the petition, with the understanding that the appropriate fee owner must sign the rezoning petition before final action can be taken by the City Council. � 2. Mr. Eitel intends to construct and operate an automobile repair facility on the northern 90 feet of the property, the portion that fronts on Larpenteur Avenue. He has also stated that he will be acquiring 2o feet of Larpenteur Avenue right-of-way from the state for a total of llo feet to be developed. He intends to sell the remaining property, the southern 195 feet of the lot, to the State of Minnesota to accommodate stormwater runoff from Interstate Highway 35-E. The rezoning petition is requesting that the entire property be rezoned to B-3. 3. Section 60.544 (18) of the Zoning Code permits automobile repair facilities as permitted uses sub7ect to special conditions in the B-3 zoning district. The proposed site has the potential of ineeting all of tke required conditions related to minimum lot size, landscaping, indoor repair work, and outside storage. 4. The rezoning is consistent with the comprehensive plan. Goals and objectives of the District 6 Plan include the following: to encourage the development of new housing and businesses (p. Z1}. In addition, the Economic Deve2opment Strategy incl.udes: il abjective #6, "ensure sufficiant land for future business growtk"; 2) Policy #25, "the city's land use plan should provide adequate land for industrial and commercial development and expansion in order to increase the proportion of commerciaS/industrial tax base"; and 3) Policy #29, "the city should periodically review its zoning regulations and amend them as necessary to keep current with technological and economic changes affecting the nature of business activity" {pp, 17-18). �-�la� � Zoning File #98-027 Page Three 5. The rezoning is consistent and compatible with the way the area has developed. Across Larpenteur Avenue to the north of the site is a gas station, which is in Maplewood. The freeway frontage road and Interstate 35-fi are to the east. The southern edge of the site £ronts on Wheelock Parkway, and aoross Wheelock are the playfields for Mississippi Creative arts Magnet School. To the west of the site are residential uses along Wheelock Parkway and vacant land zoned residential along Larpenteur Avenue. In addition, there is a significant amount of tratfic in trie area. Larpenteur Avenue carries 13,625 vehicles per day; the freeway frontage road carries 6,825 vehicles per day; Interstate 35-E carries 135,225 vehicles per day; and Wheelock Parkway carries 5,0�0 vehicles per day. Given this level of traffic, residential development of this site seems unlikely, and rezoning to allow commercial development is compatible with the way the area has developed. 6. The rezoning will not have an adverse impact on adjacent groperties if appropriate landsaaping and screening is installed on the west side of any development of the property to shield the residential uses there. 7. The applicant submitted a sufficient petition of two-thirds of the property owners within one hundred (100) feet of the property stating support £or the rezoning (three parcels eligible, two required, and two � signed). 2 STAFF RECObIl�fENDAT20N: Based on findings 1 through 7, staff recommends approval of the rezoning petition, pending receipt of the signature of the appropriate fee owner prior to final approval by the City Council. PETITION TO AMEND THE ZONING CODE Department of Planning and Economic Developmenr Zoning Section II00 Ci1y Hat! Annex 25 West FouRh StreeY Saint Paul, MN SSIO2 266-6589 APPLICANT PROPERTY LOCAT(ON Property Owner /Sich,m-C � • ��'�'/ Address�7i�ls� ��.i/�!f �i.�-� /��- i v� Cityw�� St117!1�Zip.S d Daytime phone ��s�7��6� Contacf person (if Legal descriptionF�it-rr`�fi-r77 L��G additiona! sheet if necessary) TO THE H�NORABLE MAYOR AND CITY COUNC(L: Pursuant to Sectian 64. 00 of the Saint Paut Zoning Ordinance and to Section 462.357(5) of Minnesota Statues, (� ,��.�,�� : �`f�'� , the owner of all the tand proposed for rezoning, hereby petitions you to rezone the above described property from a Ij'� — 2 zoning district to a R• 3 zoning district, for the purpose of: �G,VSTlLC.cT/•✓�s /I'N�O OOaT-irj7nrfr /j ff'r�.T7i2E'�97h �dY/GlTY (attach additiona! sheet(sj if necessary) Aftachments: Required site plan � Consent pe6tion r'Y Affdavit � Subscribed and swom to befo me this � day of ��GG�C� 19� CQUNN owner of property Title: G��jL Page 1 of �� C_.� � Notary Public .. , , �J 70hIZN� PJGTITIQl�T SITI`I+ICX�NCX CH�Cii S�E�' 12�201�]��G SCUP � i�CUP FII2ST' SUBMITTED • DATE PETITION SUBIviITTED: �" {0 AATE OFFICIALLY RECEIVED: '�'�� PARCELS ELIGIBLE: � PARCELS REQUIRED: �_ PARCELS SIGNED: � CHECIiED BY: DATE PETITION RESUBMITTED: DATE OFFICIALLY RECENED: PARCELS HLIGIBL£: PARCELS REQUIRED: PARCELS SIGNED: � N ubV".r."'r �. AATE: � �� zQ�}�� i�� -l�27 CITY �F SAINT PAUL CONSENT OF ADJOINING PROPERTY OWNERS FOR A REZONING We, ihe �cndersigned, owners of ti7e property tivithin 100 feet ofthe total contiguous description of real estate owned, purchased, or sold by THE PETITIONER within one year preceding the date of this petition acknowledoe that cve have bcen presented with the following: Wc consent fo the a�proval of this rezoning as it tivas exptained to us by tt►e applicant or hislher representative. A copy ofthe petition of_.� i f c_�i �.Y c/ � i f"i (name of petitioner) to rezone the property tocated at rA � s� s�,,,,: ?«,�c,,. from u� � zoning district to a� zoning district. � ✓' •' � ^ ^^- � �' �� to a �5' j zoning district. (Name of petitioner) 2. A copy ofsections � 6. 5'/� through 6G.Sytj , incic+sive ofthe Saint Paut Zoning Code; and nckt�owtcdge that we are aware of ai( of t1�e uses permitted ia a Jj— j zoning district and we are aware that any of ihese uses can be estabtished upon City Council approvat of the rezoning. We hereby consent ta the rezoning of Ute property in the petition of; � r� L� , ` ______ days afker it is received by the Planning Division Any signatar of this petition may withdraw his/her name therefrom by written request within that time. , y � �2� LI'I'Y OF SAI1�T PAUL � CONSENT OF A.DJOINII3G PROPERTY OVi�I�IERS ppR A REZ01t�ING We, tiie uf�dersigned, owners ofthe property Fvethin 100 feet ofthe total configuaus description of real estate owned, purchased, ar sotd by TN£ PETITIONER within ane year preceding the date of this patition acknow(edge that we have been presented wiifs ihe following: l. A copy of the petition caf � i�c to rezone the property iocated at q,�. d �" i fr- (narne ofpetitioner) fvom a� � zoiting district to a ,PS — 3 zoning district. � � 2. A copy of sections ��• YI j through 6a.S�/�f , inclusive of tite Saint Paut Zoning Code; and acknotivicdge thai �ve are aware of ait a� tlze uses permitted in a B-- 3 zoning dtstrict and we are aware that any of these uses can be esta6lished upen City Cauncii approva! oP fhe reaoning. We hereby consent to the rezaniug of the property in tpe p�tition of; �l c �.rn. � G � �f'�"� tp B �� 7Aqlt}g tliS�ftCt, (Name of pet'stioner} Wc cons$nt to the approval of this rezoning as it was exglained to us by t1�e aprilicant or his/her represerctative. rG-ay-ZZ-�Z_2� �G'r�ny�; ��Fr�,s2 Za�7 Wpvtyia4 o.rc� . e/ �� /� Y NOTE: This petitian shall not be considered as of#icialty fi�ed w�2 the �aps� of seven (7) working days after it is received by the Planning Division. Any s�gnator of this petidon may withdraw hisllter name there&om by written request within that time. AFFIDAVIT OF PERSON CIRCULATING THE CONSENT PETITION STATE OF MINNESOTA) :SS COUNTY OF RAMSEY ) ��/,,, �/��"/ , being fust duly swom, deposes and states that he/she is the person who circulated the consent petition eonsisting of, pages; that affiant represents that the parties described on the consent petition are all the respective owners of the properties placed immediately before each name; that a�ant is informed and believes that each of the parties described on the consent petition is an owner of the property which is within 100 feet of any property owned, purchased, or sold by petitioner within one (1) year preceding the date of this petition which is contiguous to the properiy described in the petition; that none of the parties described in the consent petition has purchased or is purchasing property from the petitioner that is contiguous to the property described on the consent petition within one (1) yeaz of the date of the petition; that this consent was signed by each of said owners in the presence of this affiant, and that the signatures are the true and cosect signatures of each and all of the parties so described. � � � � NAME y 2 � � ✓�'�.._t� (/, �v.�- �n � c �.��'J'f.�'y . d!/!N'.s�'l/O ADDRESS 6.s�—��E,6 TELEPHONE NUMBER Subscribed and sw to before me ttvs � day of , 19� 'OTARY PUBLIC . � a ,,.. . ocoz'is uersam+x�'m�,o�.cw AICHARO W. COPELA.ND I�1Nti0� NOI�JNIHSbPA �"�' t:�tARYPU6LiC 7i0S3NNtW-BIl81TdAlMlG�d�? Pa°e Of �s WASHINGTONCOUMTY dtv"d'13dQJ'Mat3VH��t! ��`�Y'�~,MYCamm.EzpiresJan.3i.2000 • a ■ • 1/31/97 yg �a� � STATE OF MINNESOTA) OF PETITIONER � COUNTY OF RAMSEY PETITION TO REZONE AFFIDAVIT SS The petitioner, (1.1G �,,•-d ��/ , being first duly sworn, deposes and states that the consent petition contains signatures from at least two-thirds ( of all eligible properties within 100 feet of all property owned, purchased, or sold by petitioner within one (1) yeaz preceding the date of this petition which is contiguous to the property described in the petition; petitioner is informed that the consent petition must contain signatures from each and ali owners of jointly-owned property in order to constitute consent from that property and that failure to obtain consent from each and all owners could invalidate the consent petition; petitioner believes that the consent getition was signed by each of said owners and that the signatures are the true and conect signatures of each and a11 of the parties so described. .y<<�� E� NAME ��n,� J U. �.- /�t %��-, G�/l/rT�� ADDRESS �3"3-7��.0 TELEPHONE NUMBER Page of i/31/97 Subs bed and s� to before me this � day of 19� �� cc �VO� 3�b � W _Z a d � W W � a ,1 � . �'—' ___�'_-____.'___'� �____' �_—.'_ _ � �._., . .__ � . _ __ f i �f~_. __' _.__ i � . E± y . � = a== ( j �-I I � _ � I — �. ��i � � � � `' � m � i �;-- o� g � �� j� -- �� i , � __-: ' i ,� _ 4 �;- -- i i Q r I i J � � � W � � ` -� ` � �. , --- -- , � � � �;--; � - -, � a �� , , % � , �:.:;. �--- '=_=--- --- Q �� R .� �� a� �� : ` .: 1 ., . � �'-5l �� i District 6 PI February 26, 1998 Mr. John Hardwick PED Zoning Section 1100 City Hali Annex 25 W. 4th St. St. Paul, MN 55102 DearJohn: _.�.; _ _ x � 1061 �Rice St. St. Paul, MN 55117 Phone 612 488-4485 Fax 612 488-0343 . i.'� 4 �� r�1 • I ... • • •� � , ,• S �t The District 6 Planning Council received a request from Richard Eitel to rezone the property at the Southwest Corner of Larpenteur Ave. & 35E from R-2 (Residential) to � B-3 (General Business) On Wednesday, February 25, 1998 the Land Use Task Force of the District 6 Planning Council moved, seconded, and passed this request. If you have any questions, please feel free to give me a call. 1,�� l.t/ Kathy Col Executive Council Il i � i. 2. 3. 4. 5. � 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. SITNRAY-BATTLECREEK-HIGHWOOD FiAZEL PARK HP,IIEN-PROSPERITY HILLCREST WEST SIDE DAYTON'S BLUFF PAYNE-PHALEN NORTH ENT3 THOMAS-DALE SUMMTT-ITNIVEI2SITY WFST SEVENTH COMO IiAMLINE-MIDWAY ST. ANTTiONY PARK MERRIAM PARK-LEXIl�IGTON HAMI.INE-SNELLING MACALESTER GROVELAND HIGHLAND SUMMIT HTLL DOWNTOWN ZONING FtLE �� I. a ul I►1 . CITI2EN PARTICIPATION PLANNTNG DISTRIC'I'S '-�� :..� �__ ��,r". . _ ___�� r V �. _'__�.� � `, - � y'_ ,.. : �� i , . , , _ x---!.i 1 t�; �C'�� "JL. � (( (j� .._,. :�;� `: ��1:(fi. �. �'��:,�_;. t� ��,........ � = ;, b� -.��= � _.... ��=� ( �,~� �' xn �:... "�:-,u��i.��ll�LU . I.....> ; r �. � m,=: i , ;�.,1 i .��._.� R - -� _� _lt-�� 1�„�7L:111 � � .;;:':U'_�( �-%1�it�iJ_.�� ; { � :! 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E=-j;_ � _iE��i_1�..�. , �( �.. w:. _----- I1 L`- ;��-�(� -��" ' � -3� '""�!-:.�-,,l � ...,.,.. . � •-;�;:(;� • �, 1�_C'� J� �3f^af =:_3E==J%;,- .:��f�3�� l�` _i�r ,,i,:r �--- �: �,�_:�.,'� tJ��r�-� =;L._ _� ��f__lE -= 3E=--�1=�r--�=iF_ �r `3� �U� �� i; --_::��'' . �i� � t ; �-?.lt� )RTH END DISTRICT 6 �N y � --�^ ,w. , „ � �� .� �" ��.�� -=`c' L'�—�� Or0 O�O�O�O O � ,p �. _._.__1� E— , � . -- a o ' ' ' �° o � 0 0 0:�0000g t�t�,�p �.,.PARKWAY ��,� .�. � � � � U � { : �� s � ( ' "j i �� a� �. lJ � � � ��aQ ��, 3 O J � e CJ a m ��V A � or rc oanavG� �ous�++c � �' a ! � � e � { �� U � �� e � - - � `V � � o;o � �� , `� — "'' _ ( � I M/SSISS/PP/ O+ t �+ � � ' .� o �. ` t o��, ; � �. � O R 4 V� ° � � � C] o, a. � a o ` � �� 1 J 1 � f� \ i!Y �t �� O ) e\/ V" ^` � V O � Q 4 , J � . 4 4 ' 1 V1 /l + , � � i ti �� ' � � }, � �. i i ` � �u�� " � - (,. � °`� )� __ . ,' ,.� �r � 8 � � i �" � ? , # � � Z � ii� ^�'} N ' � � O 23 � � � � � � v 0 � c 0 G (: � t � � 23 � � O 35 O 35 Og O 3 APPltCANT � �� + � � ~ 1 - C � — LEGENLI -- -- -- - PURPOSE /� E Z�� t �� zoning district boundary FILE # � �� DATE � y '/� `+ �-� subject property "� - - - - ------ - - --- PLNG. DIST.�__ MAP # a. one family ••^ - w � two tamiry ♦ � � SC'i�E�rt�"'�r - - -- _ ��_ �'i-�. Q muitipie family - - -- - /� ` ` �� / � � HUSERT H. HLIMPfIREY III A7lOR\'EY GE�EI2,1L STATE OF MINNESOTA OFFICE OF THE ATTORNEY GENERAL March 18, 1998 Donna Drummond Department of Planning and Econoinic Development City of St. Paul 25 West Fourth Street St. Paul, MN 55102 Re: Richard E. Eitel Property Dear Ms. Drummond: covEw�nrovrs�ev�csssecnox 575 PMK SIREET SU11EZO0 Sf. PAUL. K� SSIOi-2106 TELEPHONE. (612) 29'I-2M0 SENT BY FACSIMILE AND U S MAIL I am enclosing a copy of a parcel sketch of land owned by Mr. Richard Eitel, located at � the southwest corner of Larpenteur Avenue and Interstate 35E. The State is acquiring all but the northerly 90 feet of this property. The northerly 90 feet to be retained by Mr. Eitel, is shown in blue on the parcel sketch. A description of the land to be acquired by the State, containing I.O6 acres, is attached and captioned "Fee Acquisition - Description for Stipulation," and outlined in red on the parcel sketch. In addition, the State has agreed to reconvey to Mr. Eitel a 20-foot strip along his northerly bou�ldary, containing 0.1I acres, which is sbown in yellow on the parcel sketch. A legal description of this 20 foot strip is attached and captioned "Description for Reconveyance." Mr. Eitel and the State have agreed that if the State should need to acquire, in the future, the easterly 40 feet of his property, he will convey that to the State for a nominal fee of one dollar. That easterly 40 feet is designated by a cross-hatch on the parcel sketch and described in the attached sheet labeled "Description for Option." The State will file a condemnation award on March 20, 1998, setting forth the terAns described in this letter. Facsimile: (612) 297-1235 • TTY: (6l2) 282-2525 • Toll Free Lines: (800) 6573787 (Voice), (SQO) 366-48L (TTY) \a Equal Oppon�niry Employer Who Yalues Diversity is Pnnted on SO% mcycled papec (15% post consumer con[en[) � :.:.. Ms. Donna Drummond March 13, 1998 Pa�e 2 The State is aware that Mr. Eitel has requested the City to rezone his property for commercial use. The State has no objection to this rezoning, and understands that he will use the 90 feet retained plus the 20 feet reconveyed for a commercial purpose. If you have any questions regarding the above, please feel free to contact me. Very truly yours, / ��-c,+n.� /� • �� LOUIS K. ROBARDS Assistant Attorney General (612)296-6673 Enclosure LKR:It AG:45017 vl � � q� �1�� _ . . _ ., , i � T ��; # _;..,� ` �w , �� '.;.- ' r.Vi �'� �' �', ` { 9 f+T� o r� � _ _ � ,. aR.�A. R� � � _ � _ _. \ ��l, p �t^ 1 � � � / � p.�� C ' � � t` �,� � i . �faR A-� _?� - - -. � --- `o.f 1 �1�.. . ,' . - _ �, ' a� , t. `^ _ . �' ,` ° �`- = h, — — v —==c_; _ u n�ry `i " .e�' � ., i � ; 1 3Q� tIAtER � � — . � �;l,l � ?'�j � f -n l't�i:71 '. ' � ' � � i ; g ��s > � � _ - , � � � f I ;,, ' : � 25. 6^,4 SC. � ; . .�� r �✓ � ' ' � � ' ' ....;. . f ?4" .i .:.� :' ; i � 'j L. • � 1 5E� -2 1 � ! �� ^� `i •i. S"? _i � , _�� -�--,--- � , � ,, _ , _ 'f� ,,, � �,:� ,'�� `� _, , zs'-.�a%�c; ^ , ""� J, �_ , _... � ( V � . � � 's �i �2 � i i � � �---=---- ' aazs i ' '..�_' ,� '— -t=— � � • ; , ,.._ -- . t ' 3 ; �su:as , � ' � i' = ur ° z �� 1 � i C� ,� � �.4sZ�.5 . fJ � ` i �1�Eq,: � � I`! �� ` ' "3^c 5�\ �"- o � � f � ' E � � � 7 ` / g e`� ._ , �— i . . :. � ��.: : A: , � j � =ti �.; � ; � � . � ��.,� f . ��Cl��t � ' d4:.G:, � ; � . � l ; � ; ,., ` ,; �' y � � t fi:i._:YD 7a � � , ' 1 : f � 2�i.� � - � ( ' � �� i f � 5 S . iG' _—'-- ` ' I � � / - 'i \�� T � �� ` . � i�' `� ' � :. I �� \ � `fi �� t i � � 1 i C� C �J . g�' 1 d • ' �� . � v 7+ �� YD ¢ &A728�?',F�B &.*.t7 � � � ,�_ J ^ �.',.86 � ' - °� �°: - - _ -� ' _ - aG d: �F'.v" �' r i C:6 – • . ��< V . . ( ts --''� March 13, 1998 8280390.904 FEE ACQUISITION DESCf2lPTiON FOR STIPUTATION Parce! 390 C.S. 6280 (35E=390} 904 That part of Tract A described below: Tract A. The West Half of the No�Fheast Quarter of the Northeast Quarter of Section 19, Township 29 North, Range 22 West, Ramsey County, Minnesota; except that part taken for street; also except that part lying south of Wheelock Parkway and west of a line formed by the easterly tine of �ot 6, Biock 11, Dawson's Lake Como and Phalen Avenue Addition to the City of St. Paul, extended north to Wheelock Parkway, the title thereto being registered as evidenced by Certificate of Titie No. 31383; � which lies southerly of a fine run parallei with and distant 155 fest southeriy of the north - ifne of said Section 19 and westerfy of a line run parailel with and distant 340 feet westerfy of Line 1 described below: Line 1. Beginning at a point on fhe north line of said Section 18, distant 7402 feet west of the northeast corner thereof; thence run southeriy at an angie of 92 degrees 14 minutes 00 seconds from said north section line (measured from west to south) for 600 feet and there terminating; containing 1.06 acres, more or 1ess; together with af( rights of access, being the right of ingress to and egress from thai part of Traot A hereinbefore described, not acquired herein to Trunk Highway No. 35E. 9 �-�a�T� � � March 13, 1998 6280390 DESCRIPTfON FOft RECONVEYANCE Parcei 390 C.S. 6280 (35E=380} 904 That part of Tract A described below: Tract A. The West Half of the Northeast Quarter of the Northeast Quarter of Section 19, Township 29 North, Range 22 West, Ramsey County, Minnesota; except that part taken for street; aiso except that part lying south of Wheelock Parkway and west of a line formed by the easterly line of Lot 6, Block 11, Dawson's Lake Como and Phalen Avenue Add'+tfon to the City of St. Paul, extended north to Wheelock Parkway, the titie thereto being registered as evidenced by Certificate of Title No. 31383; which lies between two {ines run paral4e{ with and distant 45 feet and 65 feet southerly of the north line of said Section 19 and distant 340 feet westerly ofi Line 1 described � below: Line 1. Beginning at a point on the north line of said Section 19, distant 740.2 feet west of the northeast corner thereof; thence run southerly at an angie of 92 degrees 14 minutes 00 seconds from said north section line (measured from west to south) for 600 feet and there terminating; containing 0.11 acre, more or less. � March 13, 1998 6280390 DESCRIPTION FOR OPTION Parcel 390 C.S. 6280 (35E=390) 904 That part of Tract A described below: Tract A. The West Half of the Northeast Quarter of the Northeast Quarter of Sect+on 19, Township 28 North, Range 22 West, Ramsey County, M+nnesota; except that part taken for street; afso except Yhat part (ying south of Wheelock Parkway and west of a(ine formed by the easter(y (ine of Lot 6, Block 91, Dawson's Lake Como and Phalen Avenue Addition to the City of St. Paul, extended north fo Wheeiock Parkway, the titie thereto being registered as evidenced by Certificate of Titie No. 31383; � which lies beiween two lines run para(lel with and distant 45 feei and 155 feet southeriy of the noRh line of said Secfion 19 and befween lines run paraliel with and distant 340 feet wester(y and 380 feef westeriy of Line 1 described below: Line 1. Beginning at a point on the north line of said Section 19, distant 740.2 feet � west of the northeast comer thereofi thence run sautherly at an angie of 92 degrees 14 minutes 00 seconds from said north section line (measured from west to south) for 600 feet and there terminating; containing 0.90 acre, more or less; together with all right of access, being the right of ingress to and egress from that part of Tract A hereinbefore described, not acquired herein to Trunk Highway No. 35E and to Larpenteur Avenue. � �•nv nu 525 PRRK S7E 200 Fax�612-29?-1235 Mar 18 '98 15�35 P.03/03 _�� . . .. .... . y rK`SZ�18�1999 SSt55 Pr7J 51?2�1 P.02J04 r',' y , , • i ��.., � P�1'CfOt3f� 1'O AM6Md 7'ttE Z�titNG CW� �� Dq,erlmqrt ofPlanning aad SrnRaede Dtwl4pntatJ t'e�rl�rs s.er�a» I]Od Cl�y Rel1 A�tna �i! T�'!�f Fourth S1'red �a� �ar� MI�' J�162 ' ,� ' -,7' ��„�.� ��.�s, �,,-� APPIIGAN'1' , PropsRy 4wner .� Cky�Y��fit�4p�!,�Dayfime phone,�� GontacR par�on (K dNtennt) � . . ��Z . .L ,C��i:i:'aT.� ..�'�%'..lr�u''T.s3"' . • - . r .�.�.. . n _ �..,. •h�tf If � To THO H�NOM�4E MrtYCR ANC GtTY COl1NC{�.: punu�nt to Sec�an M, 0� nf �ry e Satnt Paul Zoning Qrd(ntnae and Sa 5ectlan 482.35?(3) ot t�t►nntaota 8txtu�� , ��1•,.d , �"l�r'f , 2hB cKmer of aii ths lohd propoasd for razorsinp, t�ersby pstlt an� yau to rt n� th� ■hove doiatlbed praparty from e� ��-'�.. zonlnp df�irld to ��,:,, �'� toning dlttdct, i0T th1► p�stp0os of; ('avsf►FLarf�/� ,tN'Q oar-n-,r77nr9 .tn' +4KtvR.+7`Ir,c �,P,r.t.71r {a�adf �CC�nt/ aheet(Jf �nec+aa�ry) A�ac�hminri� Rai4(rod � Aian � ConNrtt 8ubsoriibed and fY�om ta be me thir „� day ot�� ae�` 1�- amd�c �' awno� et pnsperty Tif)�, d'�� -y�--=^..��-`� .� � PbQe 1 ot,,,.,_ Notary �tJb?i� DEPARTb1EYT OE� PLAN�ULUU & EC6NOMIC DEVELOPbtEN'C Pamela Wheelock Dirxtor CTTY OF SAINT PAUL Norm Caleman, Mnyor Memorandum DATE: TO: FROM: RE: March 26, 1998 15 West Founh Stseet Telephane: 6I2-266-6655 Sairt[ Paul, MN55102 Faafinile: 672-228d261 Planning Commission Donna Drummond, Planning Staff UOx��{,��^�++""'�^�i Zoning File #98-027: Richard E. Eitel Rezoning - Addirional Information Three items of addirional information: 1) A letter {attached) from the Minnesota Dept of Transporta6on, received Monday, March 23, stating that it has no major concems as an adjacent landowner regarding the rezoning. However, Mn/DOT lists the review procedures and requirements that must be followed for development of properry adjacent to Mn/DOT right-of-way. 2) Several members of the Zoning Committee, at its public hearing on this case on March I9, requested addirionaI information regarding the zoning of tfie property north of Larpenteur Ave. in Maplewood. The attached maps show the zoning in both Maplewood and St. Paul. Aiso, the St. PauI map indzcaYes addifional Iots west of the Eitei property that the State is seeldng to acquire for additional stormwater drainage. This information is from Mr. Eitel, and I have not yet been able to independently verify this with the state. 3} A Planning Commission policy from 1984 regarding rezonings and subsequent special condirion uses on the rezoned properry has been brought to my attention since the Zoning Cammittee meeting. This policy allows the planning administrator to administratively approve a special condition use pem7it for property that has been rezoned, if the special condirion use is the same that was proposed at the time of the rezoning. This policy is meant to eliminate the necessity for the Zoning Committee to hold two public hearings for the same deveIopment. In cases such as this, it is customary for the Planning Commission resoluflon to include a finding that states likely condirions for the special candirion use permit should the rezoning be approved by the Ciry Council. Ttte staff can then refer to the resolution to establish conditions for the special condirion nse permit that is adminstrafively issued. There is also a reduced fee for the applicant for an administratively issued SCUP. Staffrecommends adding the following language {in italics) to Finding 3 o£the Planning Commission resolution: � I" L- 3. Section 60.544 (18) of the Zoning Code permits automobile repair faciliries as permitted uses subject to special conditions in the B-3 zoning distdct. The proposed site has the potential of ineeting all of the required condirions reIated to minimum lot size, Iandscaping, indoor repair work, and outside storage. If the rezoning is approved by the �B y� Planning Commission � Mazch 26, 1998 Page Two City Council, a special condition use permit will be required. The planning commission amended iu rules of procedure in 19&4 (Resotution 84-23} to delegate authority for the approval ofspecial condition use permits to the planning administrator in cases where pubtic he¢rings have been held in which the commission has recommended, and the city council has approved, a reaoning specifzcally for a special condition use. The use of the property for an automobile repair facility must meet all the required conditions related to minimum lotsiae, landscaping, indoorrepairwork, and outsidestorage. In addition, the following additionat conditiorrs should be required: a. Only customer vehicles and employee vehicles of the permittee may be parked on the lot. This condition is intended toprohibit long term storage of vehicles on the lot. b. AZl vehicles parked outdoors on the lot shatl be completely assembled with no parts missing. Yehicle salvage is not permitted. Attachments. cc: Ken Ford, Planning Administrator Richard E. Eitel District 6 Planning Council � J� e � s a ; a � Q B �� O� TN� Minnesota Department of Transportation Metropolitan Division Waters Edge 1500 West County Road 82 Roseville, MN 55113 March 13, 1998 Donna Drummond City of St. Paul Zoning Office 25 West Fourth Sireet Saint Paul, MN 551Q2 Dear ponna Dnunmond: SUBJECT: Public Hearing Notice Review Richazd Eitel Rezoning Southwest Quadrant of Tnuik Aighway (TH} 35E and Larpenteur Avenue East Saint Paul, Ramsey County C.S. 6280 � The Minnesota Department of Transportarion (Mn/DOT) has reviewed your request for comment regazding a rezoning to allow construction and operation of an auto repair facility at TH 35E and Lazpenteur Avenue East. We have tto major concerns regazding the rezoning. Aowever, we would � like to take tlus opportunity to remind the city of certain stipularions regarding develapment of property adjacent to Mn/DdT right of way. • If property adjacent to Mn/DOT right of way is to be platted, the preluninary plat must be submitted to us for review, along with a site plan and grading aud drainage plan if prepared. This must occur before we will issue any pemuts. • We require a Mn/DOT access pernut for access to or across state highways or right of way, including Mn/DOT owned frontage roads. A change in the intensity or type of use of an existing entrance aiso requires a permi� • We require a Mn/DOT stormwater drainage pernut for any change in rate of runoff to trunk highway right of way, or any aIteration of trunk highway storm water drainage systems. • Any other use of or work within Mn/DOT right of way, including but not limited to grading, utility work, and landscaping, also requires a permit. The permit necessary depends on the nature of the proposed work. An equal opportun"iry employer y� �� Donna Drummond � March 13,1998 pagetwo Please send copies of proposed plats and site plans to Sherry Narusiewicz, Local Govemment Liaison Supervisor, at the above address. Questions regarding permit applications may be directed to Biil Warden of our Pemuts Section at 582-1443. Piease contact me at 582-1654 with any questions regazding this public notice review. Sincerely, � Scott Peters Senior Transportarion Planner/Loca1 Government Liaison � ` MwPlewoed � � Gas f3u Res�d z ni a � S�G+� a+t- �' t � — _____-----_ . _.�.__---- . _— ; �i. 40 • . � • O p j • Sofd ta '• • •� . ., . , , S�e�s '' � candt��r� — "�� W�ee_1 oc1� PuR'Kwa� � ar► �IS,Sls''S/PPI Cceative. A�rfit /h� Sct►o. i �I S� Q LJ Lt 1J _ � . � C� � 'Mi � s � ' s �� J; � b j �c,t i � 1 t 1 ti 1 _- '/, 1• ` . � `\ i� � � ;} �I " �''�,/ V" 4 � `� , � ,`� � I : � ( � J � : t � '! , If , �� :---- =- Q 0 cs 0 Q rr � RM- �� O �Ic � � � 0 � � � � T ./'l_ V � � Q � � 'O" �' �' � -�,- r �� . a 23 Q 23 `L'�`. 2zS-3z�1 � "'�/ Fex w ♦ ' O � h Y , n � ♦ i � � T IL3.�a Pj, � R��tXy � p o1'14' p od iu � ; Q � Maple�odd 20� I $A'1ec. �jTe�T OF MInN. � GPJv4 P�: C Li� O� ' p T /}� � O � -- � --�_�y��D i ` 2.00u. / ` $TwTG � T MtNN. a 1� l�! (-iDb __— �� 1.00iW. STATTC�OP M�«u CZ} � ' � � � 1 � �f la, � �� iT�TG MtNN �- �v 4 � �� .`._ _ i4j . LOOec. T - . t � • � LG.� 7. ( ) -r r t_aa,.. � ! � �u �� . � � � �� "�iso i �B� � , �7) _ � __-- .ee�. • f�n �9) a l'°1 �10� ' ' 9.LOac. Leo _ ae• .._._ ::f`—'_ , � °a Y � �� 1 � � r � � ! . -+� • 390�--}- � * i;� � ' � �� . , ,� , ,, ;� ,,, � , .� . � , , J33��-� � aot �4; _—__._ ` •" "" � �If� , (+L96� 3 R3 "/fXr,�rin��,lr� 41-50 9-3t-Sa tC � ' " " _ ' � " � c � �. _ -�y c �T+elrjtc+c:••' Gft t./?T/f'S , �iL�3"'" Tt'� cn i iS� � �' �Y ao��_�� t p , � � Fq�r;,� ' ��te1 � �� .""'z"� z; t z �� +� .; �fo�� -- 2 �� = 8 t�.S in/� 5 S Co mm��G/�fG �3'" /j'IVG p�6v�"LG/n!6 .��5lD��lI7 Q/- ��,v6LE. nu��r��nlC� ��nr7�-L. ��'�'�! ;� d,,.. , �,.;�?�, o . `` .�-��,; 'S. ��. v�� r_ , 7,'-. - .. .. �: �'1QJRS�.Q nTt+�itino-3Q1�9�a9@@:�N YfiY �'TA�'I�: 4�� l �l�Y`i�TIE:'Q�7'�'A 2- F. # q�'��7 Q98+�lQ:� QDh�"Q'Nl�ti�"['C'��llE��F.N�FPLAQ, <:revvxrn+rnr.Fxvi��vi�non S:S PAkK ��xrr'1' �tUR Kai � Apri12,1998 K.r„«��MN.<c�,_�«, �11�7n�nV�_ <et+_�:91 Nun SENT BY FAC5LM1Ll� 4L�I_�1�1 Donna llrummond Departmcnt of Planning and Econoretic llevelopmen� C:ity of St. Yaul 25 West 1'ounh Street St. Paui, MN 551 U2 Ke: �2ichard E. Eitel properry Dear Ms. Urummond: This is to eanfirm tliat tha Minnesota Department of Transponation w311 ac:ciuire Lots 12 through I9, Dawson's Lake C:omo a�id Pheian Avcnue Addition. '1'he lots tie west of ihc Kichard Eite1 propetiy. The State cviil acq¢ire thvse eight Iolx for draina�c purposes rclateci to Intcrstatc 35L'. Very truly yours, � ,.'l; �� _ t L��.(.� �' � � � LOUIS K. ROBARDS Assistant Attorney GeneraI (61?) 296-Cb7 � LTCIZ:It cc: Uan Vvss Richard �itel nr,.a�net � t r �— 1'ursimile ltil?) 297•7?iS • TTY: (6l?) 2$L?S'?S • TuGl�iu Linc�: (1+Otl� bi7-:i7R) (V�iiec). (kc'�]:S(+G-a%32 C��Y) w wn Gau:J Appwwniiy Gnpl�yar who vatm� Diven}ey 4.r9 ftiu[e� im XI+'R [ec7ile�! p��x:r (1 S s �x+s� rnncumt� � �-30-1998 5:d6PM FROM RICHARD EITEL ! To: District b Cotmcil Membez's From: George & ltobin Carter Date: February 25,1998 ., , ., Re: Development on Wheelock Parkway & Larpen2eur Ave. zo�, P. i F,l ��8-oa� We are aware of the develo�ment project Mr. Eitiel is involved in. My wife and F own the adjacent ptopezties on Wheelock Parkrvay and La�enteeu Ave. n�t to Mr. Eitiei's new development site. We vvould like to state in this letter to the District 6 Council Member's and to everyone else uivolved, we do not feel that Mr. EiteiYs development weuld pose a determent 40 our community. We also feel that Mr. Eitiei should be aliowed ts pursue his plans to develop his projcct. � � �� .. l�_G.�h� MN CHILDREN F�ODBNUTR Fax�612-297-7721 Rpr 1'98 12�A8 �.�1 Zo�ir'� F,� /e, Zoning Committee 25 West 4�' Street 1300 City Hall Annex St Paul, MN 55102 Aitn: Donna Drummond DearZon�ng Committee: 1 am writing fo oppose the rezoni�g of the property belonging to Richard Eitel (zonir�q fi(e # 98-Q27). ( am the property owner adjacerrt to this property and changing the zoning would decrease the �alue of my property (which 1 confirmed recently with an appraiser). Since my properiy is currenNy under negotiatiores regarding market va(ue 1 am greatly concemed over this potentia! rezoning. In addition, fhis area is a residentiaf area and has a wefiands type area at fhe southern portion of Mr. Eitel's property. tt is aiso across the street from an e�ementary school. A!l of these reasocts contribute to my opposition of building an auto repair facility. I atso believe that there are a number of current(y existing types of faci[ities within a one to two mile radius, that indicate that another such type of facility is not needed. When the properiy was initially up for auction, ! did inquire what fype of use wou(d 6e allowed. Either singfe or mu�ipie residentia! units could be amsfrucfed was what ! was toid, but 1 was also fold that the parce( was unsuitable for much development ! reatize that this properry has been under contention for several years, where it has become very weec! filled after ali of the trees were cut down. I also know that many neighbors were opposed fo the removal of fhe trees, especially since this properiy is lorzted on a Parkway. 1 hope you strongly consider this letter when you are making your decision, since ( was unable fo atfend fhe hearing on March 18�`. Respec�fully yours, �k . �J.ca)F� Susan K. Weeks Properfy Owner 215 East Wheeiock Parkway St. Paul, MN 55117 � q8�-o a7 � � �� a� \ J April21, 1998 S.P. 628Q (35E=39Q) 904 County of Ramsey Pazcel 390 S:ate vs. Richazd E. Eitel, et al. NOTICE OF AWARD 9�-y�� 612-246-8648 In the above entitled eminent domain proceeding, the Commissioners appointed by the District- Court in the above named county filed their report with the Court Administrator on April 14, 1998, wherein they made a monetary award as full payment for the acquisition of Parcei 394 for trunk highway purposes as follows (see attachment}. The awazd of the cour[-appointed Commissioners may be appealed to the District Court by the State, or any � party having an interest in the subject property, if the awazd or its conditions aze considered to be unsatisfactory. If an appeal is taken, it must be filed with the Court Administrator of the above named county and a copy thereof mttst be mailed to the Office of the Attorney General, 7'ransportation Division, Suite 200, 525 Park Street, St. Paul, MN SJ103, within forty (40} days from April 14, 1998. The Notice of Appeal must conform with all the requirements as set forth in Minnesota Statutes, Sec. 117.145. Attention is called to the fact that this is merely a nouce of the awazd of the Court-appointed Commissioners, and in no way shall it be considered an offer nor an accegtance by ihe State relative to said awazd. The appeal period expires as of May 24, 1948. Sincerely, ��QGG II � ` Merritt Linzie, ,. irebt'or Office of LancfManagement 1�3ote: If you have executed an Agreement to the Amount of the flward and Waiver ofAppeal Therefrom, or have otherwise agreed to the amount of this award, the above provisions with regard to appeal and the appeai period do not apply. Minnesota Department of Transportatian Transportatian 8uilding 395 John ireland Boufevard Saint Paui. Minnesota 55155-1899 An equ2i coportunity empioyer �' � As to the lands described as Parce1390, S. P. 6280 (35E=390} 904: Richazd E. Eitei City of St. Paul Srate of Minnesota for Coanty of Raznsey Bertha Spreigl State of Minnesota Department of Natural Resources NONE NONE The above award is made an the basis and condition of a settlement between the parties and incIudes all costs, interest, and disbursements. The above award is made on the basis and condition that atl claims made in the case of R;�harn F Fitel v Citv of St Pau1 ��' � corooration and the State of Mitmesota. �,PfPn ants �nd Third Parh, Plain�� Vc o� tv of Ramsev 'Chird-Partv Defe*�dant IZamsey County Court file no. C2-92-0 I I924, are settled and resolved with the filing of this awazd, aad said action shaIl be dismissed with prejudice. The above award assumes that the above-referenced property is free of all poilutants, con+�m;n�ts and hazardous wastes. This commission has not assessed aay damages for the presence of pollutants, contaminants, and ha2ardous wastes on the subject property:� This awazd is made with the express understanding that the peritio¢er, State of Minnesota, has reserved all rights to recover damages, testing costs, and clean-up cost5 attributable to the existence of pollutants, contazninants, or hazardous wastes on the property from the respondent in a separate legai acrion. The commission has not considered the impact of poliutants, contaminants, and ha�ardous wastes on the fair market value of the subject properiy eitiier before or after the taking ) ) ) ) � 350.00a ) ) } ��- �_ � � in its assessment of damages. �� a The above award is made on the basis and condirion that all real estate taxes due and payable in 1498 or in prior yeazs aze the responsibility of the owner and that ali delinquent taxes, unpaid speciai assessments and future installments thereof are also the responsibility of the owner or lessee herein. The above award is made on the basis and condition of a change in the taking which reduces the taking to the lands described in E�ihit A attached hereto. The above award is made on the basis and condition that the State of Minnesota will convey to Richard E. Eitel, without fiuther consideration, its easement over the lands described in attached Exhibit B. The above award is made on the basis and condition that Richard E. Eitel shall provide to the State of Minnesota an option to purchase, for one dollar, the easterly forly feet of the lands described in Exhibits A and B attached hereto, said easterly forty feet being specifically described in Exhibit C, attached hereto. � Excepting all minerais and reserving to State of Minnesota, Departrnent of Nattual Resources, owners of the minerals, iheir heirs, successors, and assigns, the rights, and privileges to explore for, mine, and remove the minerals, but only in such manner that will not interfere with the use of said land for highway gurposes or with the safe and continuous operation of any public highway thereon, provided the mineral owner reserves the right to relocate ihe highway at the mineral owner's expense pursuant to Minn. Stat. § 160.10 as such may be amended. y�-v� AG:428�� vl SEtiT BY��V/DOT LAIVD M�l'AGEMEN'T� 4-27-98 March 13, '1998 62803SQ.904 12�49 : � U11Lll11N � FEE ACQUISITlON DESCRIPTIQN FOR STIPULA710N Parcel 390 C.S. 628Q (35E=390} 904 f'hat part of Tract A describad below: Tract A. The West Half of the Northeast Quarter of the Northeast Quarter of Seciion �9, Township 29 North, Range 22 West, Ramsey County, Minnesota; except that part taken for street; atso except that part Iying south of Wheelock Parkway and west of a line formed 6y the easterly line of Lot 6, Block t 1, Dawson's Lake ComQ and Phalen Avenue Addition fo the City of St. Paui, extended north to Wheelock Parkway, the title therefo being registered as evidenced by Certificate of Title No. 31383; which lies southerly af a tine run paralie! with and distant 155 feet southerly of the north line af said Section '!9 and westerly of a line run parallei with and distant 340 feet westerly of Line 1 described beiow: Line 1. Beginning at a point on the north line of said Section i 9, distant 740.2 feet west of the northeast corner thereof; thence run southerly at an angle o€ 92 degrees 14 minuYes 00 seconds from said north section line (measured from west to souih) for 600 feet and there terminating; contairting 1 A6 acres, more or less; together with all rights of access, being the right of ingress to and egress from that part of Tract A hereinbefore described, not acquired herein to Trunk Highway No. 35E. � �xxaszT A SE\T BY�tr1V/DOT LAND t�`i.ANAGEMF.R�T: 4-27-98 ; 12�49 ; � March 13, 1998 6280390 DESCRIPTlON FOR RECON1fEYANCE Parcei 396 C.S. 6280 (35E=39�} 904 u That part oi Tract A descrihed beSaw: 6122283261:» 3! 4 c� $-�/Z/ Tract A. The West Haif of the Northeast Quarter of the Northeast Quarter of Section 19, Township 29 NoRh, Range 22 West. Ramsey County, Minnesata; except that part taken for streef; also except that part lying • south of Wheefock Parkway and west of a fine formed by the saster(y line of Lot 6, Biock 11, Dawson's Lake Como and Phalen Avenue Addition to the City of St. Paul, extended north to Wheelock Parkway, ihe title thereto being registered as evidenced by Gertificate o( Title No. 31383; which lies between two lines �un parallel with and distant 45 feet and 65 feet southerfy of the north line of said Section 19 and distani 34� feet wester(y of l.ine 1 described betow: Line 1. Beginning at a point on the north iine of said Section �9, distant 740.2 feet west of the no�theast corner thereof; thence run southeriy at an angle of 92 degrees 74 minutes 00 seconds trom said �orth section line (measured from west to south) for 600 ieet and there terminating; containing 0. i 1 acre, more or 4ess. EXHSBIT B SF11T BY�MNlDOT LAhD MAV�GEMENT: 4-27-98 March '13, 1998 6280390 iz�so : � �1��d��l.� 11 I i DESCRIPTtON FOR QPTION Parce1390 C.S. 628Q (35E=390) 904 That part of Tract A described below: Tract A. 7he West Half of the Northeast Quarter of the Northeast Qua�ter of Section 19, Township 29 North, Range 22 West, Ramsey County, Minnesota; except that part taken for street; atso excepi that part lying soutt� of Wheelocic Parkway and west of a(ine formed by the easteriy line Df lot 6, Block 11, Dawson's Lake Como and Phalen Avenue Addifion to the City of St Paut, extended north to Wheelock Paricway, the titie thereto being registered as evide�ced by Certificate of Tiile No. 31383; which lies between two lines run para!!e( with and distant 45 feet and 155 feet southerly of the narth line of said Section 19 and between lines rua parallel with and distant 340 feet westeriy and 380 feet westerty of Line 7 described be(ow: Line 1. Beginning af a point on !he north line of said 5ection 19, distant 740.2 feet west of the nottheast corner ihereof; thence run snutherfy at an angte of 92 degrees '14 minutes 00 seconds from said north section tirte (measured from west Ea southj for 600 teet and there terminating; containing 0_1� acre, more or less; tngether with aU right of access, being the right of ingress to and egress from that part of Tract A hereintiefore descritred, not acquired herein to Trunk Nighway No. 35E and to l.arpenteur Rvenue. � £XHIBIT C