03-101Council File # Q � � ���
Ordinance #
Green sheet a 204958
Presented By
ORDINANCE
CITY OF SAINT PAUL, MINNESOTA
�{o
Referred To Committee: Date
2 An ordinance amending Chapter 60 of the Saint Paul Legislarive
3 Code pertaining to zoning for the City of Saint Paul and the zoning
4 maps thereo£
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WHEREAS, Pursuant to Minnesota Statutes §462357 and §64.400 of the Legislarive Code, MADAN
ESTATES, INC. duly petitioned to rezone property located at 1825 Suburban Avenue, being legally described
as Registered Land Survey, SUBJ TO RDS; EX W 197.6 FT & EX E 150 FT TRACT B, (PIN 22-29-22-11-0002),
from B-2 Community Business to B-3 General Business to allow a fast food restaurant with a drive through
lane;and
WHEREAS, the Zoning Committee of the Planning Commission held a public hearing on December 12,
2002, far the purpose of considering the rezoning petition, and pursuant to § 107.03 of the Administrative
Code, submitted its recommendation to the Planning Commission that the petition to rezone from B-2 to B-3
be granted; and
WHEREAS, the Planning Commission considered the rezomng petition at its meeting held on December 20,
2002, and recommended that the City Council approve the petirion to rezone from B-2 to B-3; and
WHEREAS, notice of public hearing before the City Council on said rezoning petition was duly published in
the official newspaper of the City on January 6, 2003, and notices were duly mailed to each owner of affected
property and property situated wholly' or partly within 350 feet or the property sought to be rezoned; and
WHEREAS, a public hearing before the City Council having been conducted on January 8, 2003 at which all
interested parties were given an opportunity to be heard, the Council having considered all the facts and
recommendations concerning the petition; now, therefore
THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN:
Section 1.
That the zoning map of the City of Saint Paul, Sheet Number 23, as incorporated by reference in §60301 of
the Saint Paul Legislative Code, as amended, is hereby further amended as follows:
That the property at 1825 Suburban Avenue, being more particularly described as:
Registered Land Survey, SUBJ TO RDS; EX W 197.6 FT & EX E 150 FT TRACT B, (PIN 22-29-22-11-0002) is
hereby rezoned from B-2 to B-3.
Section 2.
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This ordinance shall take effect and be in force thirty (30) days from and after its passage, approval and
publication.
Requested by Department of:
Plan n conomi D v'el r.e
By:
Adoption Certified by Council Secretary
BY:
Approved by
BY:
1 M�y�r/for
PL'SLlSHEp
Approved by Financial Services
By:
Form Approved by C� y Attorney
By. ��/�cv1iY�`� /-/6-03
,� � 1
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Adopted by Council: Date —F.�. aC.� a�0�
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DEPARTA�NTlOFFiCEJCOUNCII,: �
lanuing &Economic Development ''TE Il"ITr^T�n GREEN SHEET No.: 20495g
01-10-03
�GT PERSON & PHONE:
Malloy 266-6647 �, �sicrr
DEPARTMENT DIlL � 3 CTTY COUNCII, �
�ITYATTORNEY [—Ci-cQ CITPCLPRK
FINANCIAL SERV DIIL FINANCIAL SERV/ACCTG
MAYOR(ORASST.) _CIVII.SERVICECOrRvIISSION
P&D ACCOUNTING NNST BE ON COUNCII, AGENDA BY (DATE)
OTAL # OF SIGNATIJRE PAGES 4 CLIP AI.I, LOCAITONS FOR SIGNATURE
xEQuE's�n: Adopt ordinance to approve rezoning of 1825 Suburban Avenue from B-2
s) to B-3 (General Business) to allow a fast food restaurant with a drive throueh lane.
(A) or Reject (R)
PLANNING COMMISSION
CiB CAMbIIT'TEE ,
CIVIL SERVICE COMbIISSION
C1t�vNAL SERVICE CONTRACTS NNST ANSWER THE FOLLOWING QUESTI(
. Has tlils person/fum ever worked under a conhzct for tUis department?
Yes No
. Has this person/fixm ever been a city employee?
Yu No
, Does this person/fum possess a slall notno(mally possesseA by auy current city employee?
Yes No
aplain all yes answers on separate sheet and attach to green sheet N/A
��,- I17ATING PROBLEM, TSSiIE, OPPORT[IN11'P (Who, W6at� When, R'here, Why):
>. adan Estates has applied for this rewning of properiy at 1825 Suburban Avenue from B 2(Community Business) to B-:
(CreneralBusiness). ThePlauuiugCommissionrecommendedapprovaloftherezoningonDecemeber20,2002. TheCityCounci
„ eld aPublic HearinQ on Januarv 8, 2003 and voted 6-0 for aonroval.
CAGESIFAPPROVED: �
ig wi11 atlow Madam Estates to raze a blighted proper[y and build a new drive through Krispy Kreme Dougpnuf Sflop.
None.
APPROVED:
'ANTAGES IF NOT APPROVED: � �/ � /� p � �/
prolribit desired commercial redevelopment and removai of blight. �j�� i/�1��f1 � E i
AMOUNT OF TRANSACT'(ON: $ N//A COST/REVENUE BUDGETED:
iGSOURCE: - , ACTIVPI'YNUMBER:
(EXPLAIN)
R3 ���rCh C:er�feP
K�SharWBAYIILS\G¢npai info�gvshtCmi
.�:,. .' �.k :��f.'..
DEPARTMENTOFPLANNING
& ECONOMIC DEVELOPMENT
Martha G. Fuller, DirecZOr
CITY OF SAINT PAUL
Randy C. Kelly, Mayor
December 20, 2003
Ms. Nancy Anderson
City Council Research Office
Room 310 City Hall
Saint Paul, Minnesota 55102
Dear Ms. Anderson:
25 Wesi Fourth Street
Saint PauL, MN 55102
�3 - la �
�Y
Telephane: 612-266-6565
Facsimile: 6] 2-228-3314
I would like to confirm that a public hearing before the City Council is scheduled for Wednesday
January 8, 2002, for the following rezoning application:
Applicant: Madan Estates
File Number: # 02-236-262
Pumose: Rezonine from B-2 (Communitv Businessl to B-3 (General Businessl to allow fast
food restaurant with a drive-thru lane..
Address: 1825 Suburban Avenue, between Ruth Street and White Bear Avenue
Letal Descrintion of Propertv: Registered Land Survey, SUBJ TO RDS; EX W 197.6 FT & EX E
150 FT TRACT B. (PIN - 35-29-22-33-0007)
Previous Action:
Zoning Committee Recommendation: Approval; vote 7-0; December 12, 2002
Planning Commission Recommendation: Approval; unanimous vote; December 20 , 2002
My understanding is that this public hearing request will appear on the agenda for the January 2, 2003
City Council meeting and that you will publish norice of the hearing in the Saint Paul Legal Ledger.
Please call me at 266-6647 if you have any questions.
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cc: File # 02-131-050
Cazol Martineau
Paul Dubruiel
Wendy Lane
Allan Torstenson
AA-ADA-EEO Employer
•FIILSfRl1lA;•. � . .
. � N0ITCEOFPf7ffidCHFARING
'1Yie Saint Paul CYty_Coimal w7l conduct a
publiC 1�ru��T aay Wednesday, Jarn�aty 8, 2003,
at 5:30 p.m in,the CiLyCrnmc�ll;l�aznUas,'R�ssd
F7oor City HaIl-Comtl�ouse.: l6 West ICe11o�g
Eoat�*aia. samtPaul, bsr, to com��errt,e appll-
ration of Madazi Fstates in mmne ProPertY"fr+o�u
s2 fConmiunitv Busrt�s) fn s-3 (ceuaat
Bus¢messl tn aIlow a fast food iestaia-ud wtl4i a
dtivefihtu ]ane at 1825 SvUatl�an AveLtue
(�tween Ih�ui sheet ana Whrte sear eva,u�.
Daked: December 23, 2002 _
NANCYANDERSON - -
a��tant <xty CoLmcil Secxetary � . .
�� �l
SL PAm:iBC•Ai.lF�C�R
02047646 . - -
DEPARTMENT OF PLANNING
& ECONOMIC DEVELOPMINT
Martha G. Fuller, Director
CTTY OF SAINT PAUL
Randy C. Ke1Ty, Mayor
��
�December 31, 2002
Ms. Nancy Anderson
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City Council Research Office
Room 310 City Hall
Saint Paul, Minnesota 55102
RE: Zoning File # 02-239-262
25 West Fourth Street
Saini Paul, MN55102
Applicant: Madan Estates
City Council Hearing: January 8, 2003, 530 pm., City Council Chambers
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Telephone: 612-266-6565
Facsimile: 672-228-3374
Purpose: Rezoning from B-2 (Community Business) to B-3 (General Business) to allow fast food
restaurant with a drive-thru lane at 1825 Suburban Avenue.
Zoning Committee Recommendation: Approval; vote 7-0; December 12, 2002
Planning Commission Recommendation: Approval; unanimous vote; December 20 , 2002
Staff Recommendation: Approve
Support: One
Opposifion: None
District Council Recommendafion:
Dear Ms. Anderson:
The District 1 Community Council tesrified in favor of the
rezoning at the Zoning Committee Public Hearing.
The rezoning applicarion is scheduled to be heard by the City Council on January 8, 2003. I will be
prepared to present a summary of the case at the Public Hearing upon the request of the City Council.
Please contact me (266-6647) if you have any questions.
Sincerely,
Rich Malloy
City Planner
cc: File # 02-239-262
Cazol Martineau
Paul Dubruiel
Wendy Lane
Allan Torstenson
AA-ADA-EEO Employer
MINUTES OF THE ZONING COMMITTEE
Thursday, December 12, 2002 - 3:30 p.m.
• City Council Chambers, 3rd Floor
City Hall and Court House
15 West Kellogg Boulevard
•
PRESENT:
EXCUSED:
STAFF:
Alton, Faricy, Field, Gordon, Kramer, Mejia, and Morton
Anfang
Rich Malloy, Carol Martineau, Allan Torstenson, and Peter Warner
The meeting was chaired by Commissioner Field.
p , .1��
Madan Estates (Krispy Kreme)- 02-239-262 - Rezone from B-2 (Community Business) to B-3
(General Business). 1825 Suburban Ave., between White Bear and Burns Ave.
Rich Malloy presented the staff report with a recommendation of approval for the rezoning.
Dennis Trisler, representative of the applicant explained the site plan and stated they proposed
50 parking spaces. It will create about 40 to 90 full and part-time jobs in the area. They plan to
use the existing pole for their signage. All the trash receptacles are hidden from the public.
No one spoke in support or opposition. The public hearing was closed.
Commissioner Morton moved approval of the rezoning. Commissioner Kramer seconded the
motion.
Adopted
Drafted by:
Carol Martineau
Recording Secretary
Yeas - 7 Nays - 0
Submitted by:
Rich Malloy
Zoning Section
Approved by:
Litton Field
Chair
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city of saint paul
� planning commission resolution
file number o2-lal �
date December 20, 2002
07 _to1
WHEREAS, Madan Estates, File # 02-239-262, has applied for a rezoning under the provisions
of §64.400 of the Legislative Code, for the purpose of rezoning property located at 1825
Suburban Avenue, PIN 22-29-22-11-0002; legally described as Registered Land Survey, SUBJ
TO RDS; EX W 197.6 Ff & EX E 150 FT TRACT B, from B-2 Community Business to B-3
General Business; and
WHEREAS, the Zoning Committee of the Planning Commission, on December 12, 2002, held a
public hearing at which all persons present were given an opportunity to be heard pursuant to
said petition in accordance with the requirements of §64.300 of the Saint Paul Legislative Code;
and
INHEREAS, the Saint Pau! Planning Commission, based on the evidence presented to its
Zoning Committee at the public hearing as substantially reflected in the minutes, made the
following findings of fact:
1. Madan Estates is proposing to demolish the existing Ground Round Restaurant building at
• 1825 Suburban Avenue and build a new Krispy Kreme Doucahnuts restaurant that will
include a drive-through pick-up window. The property.is currently zoned B-2 Community
` Business and will need to be rezoned to B-3 General Business to allow the proposed use.
2. The proposed rezoning to B-3 General Business is compatible and consistent with adjacent
B-3 zoning and with the existing and proposed development for the site and surrounding
area.
3. The proposed rezoning is consistent with the provis'rons of the City's Comprehensive Plan
and meets several of the genet�al purposes stated in Section 2.2 0# the land use chapter.
These general purposes include encouraging private investment, to inter-relate land use
and transportation to minimize congestion, to take advantage of anticipated regional growth
by attracting commercial development and to promote a balance of land uses in the city to
strengthen the city's tax base.
moved by Field
seconded by
in favor Unanimous
� against
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ZONING COMMITTEE STAFF REPORT
• FILE # 02-239-262
1. APPLICANT: Madan Estates HEARING DATE: 12-12-02
2. TYPE OF APPLICATION: Rezoning
3. LOCATION: 1825 Suburban Avenue
4. PIN & LEGAL DESCRIPTION: 35-29-22-33-0007, Registered Land Survey, SUBJ TO
RDS; EX W 197.6 FT & EX E 150 FT TRACT B.
5. PLANNING DISTRICT: 1
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6. ZONING CODE REFERENCE: §64.400
7. STAFF REPORT DATE: 12-4-02
8. DATE RECEIVED: 11-1-02
PRESENT ZONING: B-2
BY: Rich Malloy
DEADLINE FOR ACTION: 12-31-02
A. PURPOSE: Rezone from B-2 Community Business to B-3 General Business to
accommodate Krispy Kreme Doughnuts, a drive through restaiTrant.
B. PARCEL SIZE: 54,014 sq. ft.
C. EXISTING LAND USE: Vacant commerciai
D. SURROUNDING LAND USE:
North: Interstate Highway 94
East: Commercial (B-3)
South: Parkland (RM-1)
West: Commercial (B-2)
E. ZONING CODE CITATION: Section 64.400(a) of the zoning code provides for rezoning of
property by the City Council pursuant to the provisions of Minnesota Statutes Section
462.357 upon initiation of a rezoning application by petition of the owners of the property to
be rezoned.
F. HISTORY/DISCUSSION: There is no current zoning history on this site.
G. DISTRICT COUNCIL RECOMMENDATION: The District 1 Community Council supports of
the application of Madan Estates for the proposed rezoning.
H. FINDINGS:
1. Madan Estates is proposing to demolish the existing Ground Round Restaurant building
at 1825 Suburban Avenue and build a new Krispy Kreme Doughnuts restaurant that will
• include a drive-through pick-up window. The property is currently zoned B-2 Community
Business and will need to be rezoned to B-3 General Business to allow the proposed
use.
.
Zoning File # 02-239-262
Zoning Committee Staff Report
Page 2
2. The proposed rezoning to B-3 General Business is compatible and consistent with
adjacent B-3 zoning and with the existing and proposed development for the site and
surrounding area.
03-��
3. The proposed rezoning is consistent with the provisions of the City's Comprehensive
Plan and meets several of the general purposes stated in Section 2.2 of the land use
chapter. These general purposes include encouraging private investment, to inter-relate
land use and transportation to minimize congestion, to take advantage of anticipated
regional growth by attracting commercial development and to promote a balance of land
uses in the city.to strengthen the city's tax base.
4. Rezoning the property to B-3 wiil allow the applicant to operate a drive-through fast food
restaurant a reasonable use of the property that is not permitted under the current B-2
zoning district.
u
5. The proposed rezoning will not be detrimental to the neighborhood or the community.
The proposed use as a result of the rezoning will be compatible and complimentary to
other commercial uses in the Suburban Avenue Shopping Center.
I. STAFF RECOMMENDATION:
Based on the findings above, staff recommends approval of the request by Madan Estates, Inc.
to rezone the property at 1825 Suburban Avenue from B-2 Community Business to B-3 General
Business.-
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SAINT
➢/�UL
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AOAA
APPLICANT
PROPERTY
LOCATION
ProQecty
Contact Person (if
Address / Location
Legai
r.
'
.�5��-J Daytime
Zoning
TO THE HONORABIE MAYOR AND CITY COUNCIL:
Pursuant to Section 64.400 of the Saint Paul 2oning Ordinance and to Section 462.357(5) of Minnesota Statues,
PETITION TO AMEND THE ZqNiNG CODE
Department of Plarzning and Ecorzomic Development
Zoning Section
I400 City FIaII Annex
25 West Fourth Sireet
SaintPaul, MNSSZ02-Z634
(65I)266-6589
� V owner of land proposed for rezoning, hereby petitions you to
the above escribed property from a /� '�Z zoning district to a /�""J
zoning district, for the purpose of:
C�n.�7`/�cyN� � l���s� y /�'�i��,or�y
l
(at�ach additionai sheet(s)'rf necessary)
Attachments: Required Site Plan. �
Subscribed and sworn to before me
this day
of � _, 20 Q��
Consent Petition � Affidavit �
Fee Owner of Property
Title:
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1 �`'� I(RISTILSADLER
4 3��;4 � Not� Pubtic PJurinesota
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W .� �-^.'
Notary Publie '
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FILE NO.= 060
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NOTICE OF PUBL[C HEAR[NC
1'he Saint Paul G`ity Council will conduct a public hearing on Wednesday, Januazy
8, 2003, az 5:30 p.m. in the City Council Chambers, Third Flooy City Hall-
Courthouse, 15 West Kellogg Boulevard, Saint Paul, Nni J, to consider the
application of Madan Estates to rezone property from B-2 (Community Business)
m B-3 (General $��ness) to allow a fast food restaurant with a driv�thru lane at
1825 Subwban Avenue (between Ruffi Street and Wtute Beaz Avenue).
Dated: December 23, 2002
Nancy Anderson
Assistant City Council Seczetary
c: Shari Moore, Assistant City Clerk