Minutes 10/20/2006 Alf
Saint Paul Planning Commission ®FC �PF
City Hall Conference Center °A), S
15 Kellogg Boulevard West 0 sea
Minutes October 20, 2006 094-
A meeting of the Planning Commission of the City of Saint Paul was held Friday, October 20,
2006, at 8:30 a.m. in the Conference Center of City Hall.
Commissioners Mmes. Donnelly-Cohen, Faricy, Lu, McCall, Morton, Porter, Smitten,
Present: and; and Messrs. Alton, Bellus, Commers, Cudahy, Dandrea, Goodlow,
Gordon, Johnson, Kong, Kramer, Mejia and Nelson.
Commissioners Ms. *Trevino
Absent:
*Excused
Also Present: Larry Soderholm, Planning Administrator; Peter Warner, City Attorney, Allen
Lovejoy, Allan Torstenson, Patricia James, Shawntera Hardy, Christina
Danico, Tom Beach from LIEP, Casey MacCallum(intern), and Kate
Fleming, Department of Planning and Economic Development staff.
I. Approval of minutes October 6, 2006.
MOTION: Commissioner Johnson moved approval of the minutes of October 6, 2006.
Commissioner Donnelly-Cohen seconded the motion. The motion carried
unanimously on a voice vote.
II. Chair's Announcements
Chair Alton called attention to an invitation Planning Commission members received
from the High Winds Fund at Macalester College regarding a meeting on November 6,
2006, 7:00 - 9:00 p.m., at the Weyerhaeuser Memorial Chapel where Anthony Flint,
author of This Land: The Battle Over Sprawl and the Future of America, will speak.
III. Planning Administrator's Announcements
Larry Soderholm reported on planning-related business at the City Council for last week
and their agenda for next week.
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IV. Zoning Committee
NEW BUSINESS
#06-135-782 Rob Egan—Establishment of Legal Nonconforming Use as mixed
residential/commercial use and change of nonconforming use to a duplex. 1600 7th Street
E between Germain and Kennard. (Luis Pereira, 651/266-6591)
MOTION: Commissioner Morton moved the Zoning Committee's recommendation to
approve the establishment of legal nonconforming use permit. The motion carried
unanimously on a voice vote.
#06-223-900 Bee Vue—Nonconforming Use Permit to re-establish commercial use and
change use from contractors shop to grocery store and variance of parking requirement.
938 6th Street E, SW corner at Forest. (Luis Pereira, 651/266-6591)
MOTION: Commissioner Morton moved the Zoning Committee's recommendation to
deny the nonconforming use permit. The motion carried unanimously on a voice vote.
#06-225-113 Capital Partners—Conditional Use Permit for drive-through sales and
service as part of a new retail center, and variances of floor area ratio,parking placement,
and setbacks. 1810 7th Street W, intersection at Montreal.
(Patricia James, 651/266-6639)
Commissioner Morton reported that the Zoning Committee laid this case over to the
November 9, 2006 meeting.
#06-133-309 The Bridges—Rezoning from TN3 Traditional Neighborhood, I1 Light
Industrial, and 12 General Industrial, to B5 Central Business-Service. 10 River Park
Plaza, area abounded by Fillmore Avenue,Robert Street, Highway 52 and the Mississippi
River except for the parcels east of State Street and north of Alabama Street.
(Lucy Thompson, 651/266-6578)
MOTION: Commissioner Morton moved the Zoning Committee's recommendation to
approve the rezoning.
Discussion followed. Commissioner Fancy asked staff what is public in this project and
how the City obtains a public easement to the river as it will exist with the new
development?
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Larry Soderholm explained the City has a public easement along the river now, as well
the two streets. JLT has expressed its intent that the vehicular and pedestrian circulation
spaces in the plan would be public areas,but just how the public access will be provided
remains to be addressed by negotiation. It could be part of a development agreement
and/or replatting of the land. It could be as full public rights-of-way or as more limited
easements.
MOTION TO AMEND: Commissioner Gordon moved to amend the motion from the
Zoning Committee by substituting a resolution based on and incorporating the findings
from the original staff report and recommendation dated September 18, 2006, and
denying the application to rezone to B5. Commissioner Cudahy seconded the motion.
Commissioner Gordon distributed copies of the substitute resolution to the Planning
Commission members.
Commissioner Mejia asked if Commissioner Gordon was essentially inserting a minority
report from the Zoning Committee into the resolution recommended by the majority.
Chair Alton explained that Commissioner Gordon is making a motion to amend the
Zoning Committee's resolution through a substitute resolution, which is a permissible
amendment under Robert's Rules so long as it deals with the same main topic.
Peter Warner, City Attorney's Office, affirmed that a substitute resolution is permissible
under Robert's Rules.
Commissioner Johnson objected to the substitute resolution as a procedure; he didn't feel
that it would serve a useful purpose since the Commission will be debating the same
thing as it would by following its normal procedure of responding to the Zoning
Committee's recommendation, and there's no need to make it more complex.
Commissioner Gordon responded by saying that he thinks the substitute resolution makes
the issues clearer and simpler and therefore will make for a better process.
Commissioner Morton stated that a substitute resolution has not been done before. The
Zoning Committee read all of the materials, listened to five hours of testimony by 45
speakers, and voted to make a recommendation for Planning Commission consideration.
She felt the Commission should give its normal consideration to the committee
recommendation, including amendments to it, and should consider a different resolution
only if the committee's resolution fails.
Commission Kramer, as a point of order, stated that the Chair accepted the substitute
motion as being in order. If members disagree with the Chair, they can appeal the ruling.
As long as the substitute resolution is in order, the question before the body is the
substance of the substitute resolution, not a question of procedure.
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Commissioner Smitten responded to Commissioner Morton's comments and asked
members for responses to Commissioner Kramer's statement.
Commissioner Cudahy agreed with Commissioner Gordon that the substitute resolution
will simplify the process and speed up deliberation because otherwise members who
disagree with the committee's recommendation will introduce amendment after
amendment,paragraph by paragraph.
Chair Alton explained that the Commission will first vote on whether to accept the
substitute resolution for consideration as an amendment to the main motion. The first
vote will not be to approve the substitute resolution as the Commission's final action.
There will be a second vote on whatever resolution emerges that will be the
Commission's final action and its recommendation to the City Council.
Commissioner Porter asked for clarification from Commissioner Gordon on the substitute
resolution.
Commissioner Gordon noted that the staff report in the packet found B5 zoning would be
inconsistent with several chapters of the Comprehensive Plan and other planning
documents, and summarized these. He emphasized five points pertaining to relationship
to downtown, heights,mass of buildings, open space, and transportation impact. He
stated that much of the Bridges project could be built without changing the zoning to B5.
All of the land uses that are part of this project are permitted in TN3. Height variances or
conditional use permits may or may not be needed; if they are needed and a reasonable
case is made out for them, he would support them and thinks they would be granted.
Commissioner Morton responded to Commissioner Gordon's opposition to the rezoning.
This site was not included in the West Side Flats Master Plan or the Harriet
Island/District del Sol Plan. The Downtown Businesses Owners Association(BOMA),
the building trades, Bill Hosko, owner of Hosko Art Gallery, and many other
organizations and individuals support the rezoning. In the proposed B5 district height is
regulated by a maximum floor area ratio and the site plan has to be consistent with the
Comprehensive Plan, so the Bridges project will come back to the Planning Commission
for future decisions regardless of whether there are conditional uses or variances.
Commissioner Cudahy responded to Commissioner Morton's statement on the maximum
floor area ratio in B5,which is five square feet of floor area for every square foot of land
area. The site is so large that with B5 zoning you could build buildings that are as tall as
or even taller than what is in downtown Saint Paul right now if the new buildings'
footprints are small, and there would be little justification for denying building permits.
If height is important, the Commission should say so now by opposing the rezoning. He
urged members not to be distracted by the pretty drawings of the Bridges project or their
model condo units, but to look at the B5 zoning by itself and how it relates to the City's
plans and future.
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Commissioner Dandrea opposed the amendment. He expressed his support for the
Commission's normal process: The staff makes a recommendation and that is the starting
point for the Zoning Committee. Then the Zoning Committee hears public testimony
makes a recommendation. The Zoning Committee recommendation is the starting point
for the Planning Commission to discuss and debate the application. The Planning
Commission votes. Its recommendation is the starting point for the City Council.
Perhaps the substitute resolution is permissible procedurally,but he felt uncomfortable
about it. He feared that the tone of the discussion was becoming more divisive than it has
been on cases where the normal process is followed. Either process would almost
certainly end at the same final recommendation from the Planning Commission. On the
substance of the application, he called attention to the part of the staff report on other
areas around the downtown office core that are zoned B5, and said he believes the
Bridges site fits that pattern of B5 zones. Although there is concern about what could
happen if the project fails, he has faith that Saint Paul people and officials will work
together to protect the decision process in the future and craft appropriate development
standards. He commented that this is a unique parcel, that the owner has had this
property for twenty years, and has produced a very thorough case on his need for the
rezoning to successfully do the project. As for competition with downtown, as many
people say it will help downtown as think it will hurt downtown. The Bridges proposal
is controversial, but the places we treasure in the city such as the James J. Hill Mansion,
the Cathedral and Summit Avenue may have had similar disputes in their day. Everyone
in the city should take a positive approach and try to make this the best possible project.
Commissioner Smitten stated she focused on the rezoning itself, not on the Bridges
project. She was concerned that the draft resolution describes a potential project on the
site to the detail of number housing units, retail, offices, hotels etc., whereas the
application was strictly for the zoning change, not for the specific project. She stated that
if the city wants B5 type of development in that area then the Comprehensive Plan should
be amended to reflect that. The Metropolitan Land Planning Act stipulates that the
comprehensive plan takes precedence and the City is obligated to zone consistent with
the Comprehensive Plans. She asked Peter Warner to help confirm this.
Peter Warner confirmed that zoning must be consistent with the Comprehensive Plan.
MOTION: Commissioner Porter moved to call the question. Commissioner Faricy
seconded the motion.
Chair Alton called for a roll call vote on Commissioner Porter's motion and clarified that
a motion to end debate requires a two-thirds majority to pass.
ROLL CALL VOTE: The motion to call the question failed on a roll call vote of 11-
8 (Cudahy, Bellus, Mejia,Johnson, Morton, Nelson, Dandrea,Alton), which was less
than two-thirds.
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Discussion continued on whether to approve the substitute resolution as an amendment to
the main motion.
Commissioner Nelson stated the Planning Commission should deal strictly with the
zoning issue and not the complexities of a specific project. The determination of
locations and boundaries of zoning districts within the city is a fundamental and long-
lasting tool for guiding growth and development in the city. The issue is about urban
growth and timing. He stated that now is not the time to expand the downtown area and
he will be voting for the substitute resolution. Rezoning this site to B5 would have major
impact on the visual look of the river and the view from downtown across the valley to
the bluffs.
Commissioner Lu agreed with staff findings that B5 zoning would be inconsistent with
the Land Use Plan and the Mississippi River Corridor Plan. The proposed rezoning
would have a major impact on the visual character of the River Corridor and the vitality
of the downtown. This is not the time to expand the downtown. One of the major
policies for the Land Use Plan is to develop a vital city center.
Commissioner Goodlow said that he would have been more comfortable—even though
Robert's Rules allow this substitute resolution—following normal procedure and
considering the Zoning Committee's recommendation first. But on the substance of the
rezoning application he agreed with the substitute resolution and intends to vote against
the application for B5 zoning. He is focused on the proposal to expand the downtown
across the river, that is, on the rezoning, not on any specifics of the Bridges project,
which certainly has appealing aspects. He emphasized the importance of keeping
communications open so that the developer and community members can move toward a
revised proposal that falls within the Comprehensive Plan.
Commissioner Bellus stated the only question that should be considered is the rezoning to
B5. He recounted his years of experience with major developments in the city, and said
he is a strong advocate for development. But in his opinion, expanding B5 downtown
zoning across the river would be the worst decision in terms of planning and development
that the City has made in the thirty-five years he has been here. He is not against all the
elements of the Bridges project. In fact, he thinks that an urban project on this site that
adds to the urban vitality of the West Side is right,but he disagrees with B5 zoning and
will vote in favor of the substitute resolution.
Commissioner Cudahy observed that, so far in the discussion, the public process and
citizen participation in planning for this area had not been touched on. In recent years this
area was rezoned from I1 to OS2,which was converted to TN3 when the new Zoning
Code was adopted in 2004. These zoning decisions resulted from previous planning that
had broad community support. The specific parcel under consideration today was
included in those rezonings. He believes the Commission should affirm the efforts of
citizen volunteers who work on community plans and secure their adoption by the City.
He will vote in favor of the substitute resolution proposed by Commissioner Gordon.
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Chair Alton called for a roll call vote on Commissioner Gordon's motion for the
substitute resolution as an amendment to the main motion.
ROLL CALL VOTE: The motion to approve the substitute resolution as an
amendment passed on a roll call vote of 11-8(Morton, Dandrea, Kong, Porter,
Donnelly-Cohen, Goodlow, Mejia,Alton).
Chair Alton called for a roll call vote on the main motion, which now recommended
denial of the rezoning to B5 for the reasons in the substitute resolution.
MAIN MOTION: The main motion was Commissioner Morton's original motion on
behalf of the Zoning Committee, but now amended and replaced by the substitute
resolution so that the main motion was to recommend denial of the rezoning to B5.
The main motion passed on a roll call vote of 13-6(Morton, Donnelly-Cohen, Mejia,
Dandrea, Kong, and Alton.) The Planning Commission will recommend denial of the
rezoning application to the City Council.
OLD BUSINESS
Process for Master Site Plan Review for phase 1 of Bridges of Saint Paul project. Area
generally bounded by Fillmore Ave., Robert St., State St., and the Mississippi River.
Commissioner Morton stated this had been tabled.
Commissioner Morton announced the Zoning Committee meeting on October 26, 2006,
has been canceled.
V. Comprehensive Planning Committee
Chair Donnelly-Cohen stated a resolution was passed by the Committee forming the
Transportation Task Force for the Comprehensive Plan, and will be on the Planning
Commission agenda,November 17, 2006. The next meeting will be on Tuesday,
November 14, 2006.
Parkland Dedication Ordinance—resolution with recommendations to the Mayor and
City Council. (Allan Torstenson, 651/266-6579)
MOTION: Commissioner Donnelly-Cohen moved the Comprehensive Planning
Committee's recommendation for approval of the draft Parkland Dedication
Ordinance with four amendments.
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Allan Torstenson gave a report on the Parkland Dedication Ordinance. The key issues
raised in testimony at the public hearings in July and August were about the impact of the
proposed Parkland Dedication Ordinance on the cost of developing new housing,
particularly affordable housing. The Comprehensive Planning Committee recommends
approval of the draft Parkland Dedication Ordinance with four amendments: (1) added
language in paragraph"a"to make it clear that dedicated land may be in close proximity
to the plat as well as within the plat; (2) added language in paragraph"c"to provide for
reduced parkland dedication fees for dwelling units required to be affordable under Saint
Paul Housing and Redevelopment Authority or other financing agreement; (3) added
language in paragraph"f'to require adoption of a process to ensure adequate public
participation in decision making regarding parkland development special fund
expenditures; and (4) a change to language in paragraph"f'to change the time of
payment of a parkland dedication fee from prior to filing of a plat to prior to obtaining
permits for additional dwelling units with the plat.
Commissioner Smitten asked for clarification on what affordable housing units the
provision for reduced fees would apply to.
Allan Torstenson explained that the provision for reduced fees would apply to dwelling
units required to be affordable under HRA or other financing agreements, which could
include STAR financing and financing by such groups as Habitat for Humanity and
Rondo Community Land Trust.
Commissioner Smitten stated she does not want to disincent private developers who
aren't depending on city funds from producing more affordable housing units in the city.
She would like to apply the provision for reduced fees for affordable housing more
broadly.
Commissioner Nelson suggested that there would need to be some contractual agreement
that the units remain affordable. Commissioner Smitten said she doesn't think that would
be necessary; the key is not to make it more difficult to build new affordable housing.
Larry Soderholm and Commissioner Gordon both said there could be a contractual
agreement that's not a financing agreement for housing units to remain affordable for
some number of years.
MOTION TO AMEND: Commissioner Smitten moved to amend the motion from the
Comprehensive Planning Committee to add the phrase "or other contractual
agreement with the City"to the provision for reduced fees for affordable housing. The
motion was seconded by Commissioner Commers. The motion carried unanimously on
a voice vote.
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MOTION TO AMEND: Commissioner Kramer moved to amend the main motion to
add language to require all expenditures from the parkland development special fund
to be in conformance with the City's adopted Comprehensive Plan and development or
project plan for subareas of the city and to be consistent with other applicable criteria
in subdivision (a) of the draft ordinance. The motion was seconded by Commissioner
Bellus. The motion carried unanimously on a voice vote.
MAIN MOTION: The main motion carried unanimously on a voice vote.
Larry Soderholm announced the Scoping Report for the 2008 Saint Paul Comprehensive
Plan has been published and copies have been handed out to the members today.
VI. Neighborhood and Current Planning Committee
No report
VII. Communications Committee
No report
VIII. Task Force Reports
Commissioner Bellus gave a brief report for the Housing Comprehensive Plan Task
Force; the next meeting will be on November 15, 2006.
Commissioner Smitten gave brief a report on the Downtown/Capitol Central Corridor
LRT Task Force; the next meeting will be on November 1, 2006. She also invited
members to the Central Corridor Open House#2, Friday, October 27 and Saturday,
October 28, 2006.
IX. Old Business
None
X New Business
None
XI. Adjournment
Meeting adjourned at 10:45 a.m.
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Recorded and prepared by
Kate Fleming,Planning Commission Secretary
Planning and Economic Development Department,
City of Saint Paul
Respectfully submitted, Approved / v/b
ate)
Larry S olm AICP aril Porter
Planning • dministrator Secre ary of the Pla g Commission
PED\Fleming\October 20,2006
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