03-993Council File # D 3- 99 3
Ordinance #
Green Sheet # �����
MINNESOTA
Presented By
Re£erred To
Committee: Date
aS
An ordinance amending Chapter 60 of the Saint Paul Legislative Code pertaimng to zoning for the City of
Saint Paul with changes for the Trout Brook/Lower Phalen Creek Greenway zoning maps.
8 Wf1EREAS, pursuant to Minnesota Statutes Section 462357 and Section 64.400 of the Legislative Code, the
9 City Council by its File # O1-1101 adopted the suuunary of the Trout Brook - Lower Phalen Creek Greenway
10 Small Area Plan as an addendum to the Comprehensive Plan;
11
12 WHEREAS, the Trout Brook - Lower Phalen Creek Greenway Plan called for the public acquisition of two
13 large, vacant tracts of land--laiown as the Trillium siYe and the Lower Phalen Creek site--for public open space
14 which, together with the Jackson Pond, would become the major open space components of a greenway; the
15 three open spaces will be connected by trails ruuning from Larpenteur Avenue on the north to the Mississippi
16 River on the south;
17
18 WHEREAS, the plan proposed and the Planning Commission initiated a zoning study to change the formerly
19 industrial parcels along the greenway to zoning appxopriate for public open space;
20
21 WHEREAS, in 2002 the City completed the public acquisition of the two major park areas, thus clearing the
22 way to proceed with rezoning the land as parks;
23
24 WHEREAS, on March 14,2003, the Planning Commission held a public hearing at which all interested parties
25 were given an opportunity to be heard on the proposed rezonings; notice of the public hearing was mailed to
26 all property owners in the study area and was published in the Saint Paul Legal Ledger on March 3, 2003;
27
28 WHEREAS, after consideration of the public testimony and the recommendations of the City staff, the
29 Planning Commission on April 11, 2003, recommended approval of the rezonings as proposed before the
30 public hearing plus the rezoning of one additional parcel located immediately north of Maryland Avenue at
31 Norpac Road;
iii��S�7iL0i
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03 - 993
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WIIEREAS, notice of a public hearing before the City Council on the Trout Brook - Lower Phalen Creek
Greenway zoning proposals was duly mailed to all property owners in the study area and was duly published
in the official newspaper of the City on (dateL; and
WHEREAS, a public hearing before the City Council having been conducted on (dateL at which all
interested parties were given an opporhuiity to be heazd, the Council having considered all the facts and
recommendafions concerning the Trout Brook - Lower Phalen Creek Greenway zoning proposals; 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 Numbers 4, 5, 13, 21, and 22, as
incorporated by reference in Section 60.301 of the Saint Paul Legislative Code, as amended, is
hereby further amended as shown on the map attached to this ordinance which shows the
following zoning changes:
That the following lots of record are hereby rezoned to R-1 single family:
PARCEL (PII� OWNER PLANNED USE OLD ZONING NEW ZONING
(Feb `03)
192922240034 St. Paul Water Utility Jackson-Arlinb on Pond R-2, RM-1,I-1 R-1
192922240035 Public Works Jackson-Arlington Pond RM-1, I-1 R-1
192922240036 Canadian Pacific RR spur track; trail if track is R-4,RM-2,I-1 R-1
ever abandoned
192922430015 City Trail north of Trillium I-1 R-1
302922120005 City Trillium site park I-2 R-1
302922120006 City Trillium site park I-2 R-1
302922120040 City Trillium site park I-2 R-1
302922120044 City Trillium site pazk I-2 R-1
302922120075 City north of Maryland at I-1 R-1
Norpac; may become part
of pazk
302922120077 City Trillium site pazk I-2 R-1
302922130119 City Trillium site pazk I-2 R-1
3 02922 1 3 0 1 22 City Trillium site pazk I-2 R-1
302922130124 Ciry Trillium site park I-2 R-1
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PARCEL (PII� OWNER PLANNED USE OLD ZONING NEW ZONING
(Feb `03)
302922130126 City Trillium site park I-2 R-1
302922410022 City Trillium site park I-2 R-1
302922410023 City Trilliuxn site park I-2 R-1
322922310003 RC Regional Rail Vento Sanctuary I-1 R-1
322922310050 RC Regional Rail Vento Sanctuary I-1 R-I
322922420017 RC Regional Rail Vento Sanctuary I-1 R-1
322922420018 RC Regional Rail Vento Sanctuary I-1 R-1
322922420019 City Vento Sanctuary I-1 R-1
322922420020 State of MN Vento Sanctuary I-1 R-1
TBD, former City Vento Sanctuary I-1 R-1
322922430010
That the following lot of record is hereby rezoned to B-5 Central business-service district:
82 PARCEL (PIl� OWNER PLANNED USE OLD ZONING NEW ZONING
83 322922340018 HRA pazking for CBD B-5 and I-1 B-5
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Section 2.
This ordinance shall become effective thirty (30) days after its passage, approval, and publication
Adoption Cer
By:
Approved by
ey:
Requested by Department of:
Plannin & E onomic Develo ment
i
By:
Approved by Financ a e es
����� IU-ZS-07
By:
Forn Approved by City Attorney
By:
Approved by for Submissio to cil
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By: o
` :�. :'F: � � i.
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Adopted by Council: Date �/��/ o7Q�
' v 3 - `�`�3
� DEPARTMENT/OFFICE/COUNCII,: DATE INITIATED GREEN SHEET No.: 3006695
PED 10/21/03
CONTACT YERSON & PHONE: nyrr� �vm�,mA
Larry Soderholm 651/266-6575 � 3 D�r� Dm 6 cr� couxcu,
hNST BE ON COUNCII, AGENDA BY (DATE) �IGN 4 CITY ATTORNEY 1 �p -�roJ _ CTTY CLERK
ASAP n'i��' R ��CIAL SERV DIl2. FtNANCIAL SERV/ACCTG
FOR 5 �YOR(ORASST.) CIVbSERVICECOMNIISSION
ROIITING 1 PLANNINGADMIN. �j��
ORDER 2 PED TEAM LEADER °'�'-'��—
TOTAL # OF SIGNATURE PAGES 2 (CLIP ALL LOCATIONS FOR SIGNATlJRE)
acriox xEQUES�n: Adopt rezoning ordinauce for Trout Brook - Lower Phalen Creek Greenway to change formerly
industrial pazcels that the City has purchased for pazk land to R-1 single-family zoning, which is typically used for
large parks.
RECObA4INDATIONS: Approve (A) or Reject (R) PERSONAI. SERVICE CONTRACTS MiTST ANSR'ER THE FOLLOWIlVG
QUESTIONS:
A PLANNING CONIIvi[SSION 1. Has this person/fum ever worked under a contract for tlus depaztment?
CIB COMIvIl'ITEE Yes No
CIVIL SERVICE COMbIISSION 2. Has this person/5rm ever been a ciry employee?
. A Siaff' of PED, Pazks & Rec. aud Pubtic Works Yes No
�� 3. Does this person/Srm possess a sldl] not normally possessed by any current ciry employee?
Yes No
Exptain all yes answers ou separate sheet and attach to green sheet
srrrinrnvc raosLEm, issuE OPPORTUNII'Y (Who, What, When, R'here, wn The Trout Brook - Lower Phalen Creek Plan was
initiated by the North End, Payne-Phalen, and Dayton's Bluff Community Councils after repeated conflicts over
development at the Trillium and Vento Nature Sanctuary sites. The rezoning at this time has been triggered by the
City's acquisition of land for parks, with financial help from DNR and MnDOT.
nnvaivrncES � arrxovEn: Changing land from industrial zoning to single-family residential strengthens the
perception that the City is serious about developing permanent open space. This will help the City's claim in the
legislature that the Trout Brook - Lower Phalen Creek Greenway deserves state support.
DISADVANI'AGESIFAPPROVED: NOIIe. .
nisnnvaivTncES ¢ Nor arrxovEn: Industrial zoning weakens the City's claim for pazk and open space development
, funding from state and metropolitan sources.
� TOTAL AMOUNT OF TRANSACITON: COST/AEVEA'UE BUDGETED: 1' °. .._`., , . . , ,.., , „ •,
. �...a;':,�, � � _ , � �_ ,�—•.�.
� FONDING 30URCE: ACTIVITY NUMBER: `' ,.�' �`�`:� , , ° ... _•.•�
.+ �r_
FINANCIAL INFORMATION: k,� ;, � � . � , ;;
. . + 9 K s p p-- y ,.� __
. ? '� y..`.`Tp, �.:;� a _ J �,: __' ,
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K�FLOORVSodaiwlm�grwisheet Trout Hrook remno-10.t0.�3 wptl
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T~�.�� °~��'. ' �•••er Phalen
ed Zoning
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Greenway.
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b3 • 993
CI� �F' .S�.�T Pf��. 390CityHdl Telephane: 651-266-85J0
Rm�dy G Kelly, Mayor IS West Kellagg Boulwmd Facsimile: 651-228-8573
SmM Pavl, MIJ i5702
October 25, 2003
Council President Bostrom and Members of the City Council
310 City Hall
Saint Paul, MN 55102
RE: Trout Brook - Lower Phalen Greenway Zoning Study
Dear Council President Bostrom and Members of the City Council:
I am pleased to transmit for your consideration the Trout Brook - Lower Phalen Greenway Zoning
Study that has been recommended by the Planning Commission. Since the City Council adopted
the Trout Brook - Lower Phalen Greenway Small Area Plan in 2001, the City has proceeded to
buy the Trillium site and the Bruce Vento Nature Sanctuary site. Now it is time to rezone these
former railroad yards for their proposed uses as open space. Rezoning makes a clear statement
about the City's plan to develop the greenway and bolsters the City's case in seeking funding from
the legislature and state agencies.
I support the Planning Commission's rezoning recommendations as reflected in the attached draft
ordinance. If you have any questions or need additional information, please call Larry Soderholm
(266-6575) of the PED staff.
Mayor
Kelly
Enclosures
A.4-ADA-EEO Employer
DEPARTMENT OF PLANNING
& ECONOMIC DEVELOPMENT
Martha G. Fuller, Director
CITY OF SAINT PAUL
Randy C. Kelly, Mayor
DATE:
T0:
FROM:
RE:
October 21, 2003
25 West Fwrth Sheet
Saint Paul, MN 55702
Mayor Kelly
President Bostrom and Members of the City Council
Lany Soderholm�
Trout Brook - Lower Phalen Greenway Zoning Study
03• 993
�
Telephone: 65[-266-6626
Facsimile: 651-228-3341
The Trout Brook -Lower Phalen Greenway Zoning report to the City Council includes the
following materials:
Paee
1.
2.
3.
4.
5.
6.
7.
Draft Council Ordinance with proposed zoning map attached
Planning Commission resolution of 4/11/03
Minutes from the Planning Commission's public hearing on 3/14/03
Written testimony received by the Planning Commission
Letter from the Canadian Pacific Railway received after the
Planning Commission action
PED staff recommendations on issues raised at the public heazing
Trout Brook - Lower Phalen Crreenway PED staff background memo
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K:�ZOIVING\TroutBrookREZpacketconten4.wpd AA-ADA-EEOEmployer
03 - 993
city of saint pauf
pfanning commission resoiution
fie number 03-39
date AP=11 11, 20�3
Trout Brook - Lower Phalen Creek Greenway Zoning Study
WHEREAS, the Planning Commission initiated the Trout Brook - Lower Phalen Creek
Greenway Small Area Plan and 40-Acre Zoning Study on September 22, 2000, by
resolution 00-60;
WHEREAS, the Trout Brook - Lower Phalen Creek Greenway Small Area Plan was
completed and adopted by the City Council on October 24, 2001, but the zoning study
was delayed because the City decided to acquire land for the greenway and did not
want to complication negotiations with private property owners with a simultaneous
rezoning process;
WHEREAS, in 2002 the City completed the public acquisition of the two major park
areas that will become the major components of the greenway, thus clearing the way to
continue with rezoning the land as parks;
WHEREAS, on March 14, 2003, the Planning Commission held a public hearing at
which alI persons present were given an opportunity to be heard regarding the Trout
Brook - Lower Phalen Creek Greenway Zoning Study in accordance with the
requirements of Section 64.400 of the Saint Paul Legislative Code;
WHEREAS, notice of the public hearing was published in the Saint Paul Legal Ledger
on March 3, 2003;
WHEREAS, at the conclusion of the hearing the Planning Commission referred the
study to its Neighborhood and Current ?Ianning Committee to consider the testimor�y;
and
moved by Faricy
seconded by
in favor Unanimous
against
�
,
�
03-993
Planning Commission Resolution
Trout Brook - Lower Phalen Creek Zoning Study
Page 2
WHEREAS, the Planning Commission de[iberated on the committee's
recommendations, the public testimony and the staff memos, as substantially reflected
in the minutes, and reached its recommendation to the Mayor and the City Councii
NOW, THEREFORE, BE IT RESOLVED, that the Saint Paui Planning Commission
recommends that the zoning maps be amended as shown on the Proposed Zoning Map,
which is Attachment A(dated 4/11/03) and as shown in a matching list of parcels being
rezoned, which is Attachment B(also dated 4/11/03);
AND FURTHER RESOLVED, that the Pianning Commission directs the Pianning
Administrator to forward the Trout Brook - Lower Phalen Creek Greenway Zoning Study,
the minutes, and this resolution to the Mayor and the City Council for their review and
action.
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Saint Paul Planning Commission
City Hall Conference Center
15 Kellogg Boulevard West
Minutes of March 14, 2003
A meeting of the Planning Commission of the City of Saint Paul wzs held Friday, March 14, 2003,
at 8:30 a.m. in the Conference Center of City Hall.
Commissioners Mmes. Donnelly-Cohen, Zimmer Lonetti, McCall, Morton, Shortridge, and
Present: Trevino; and Messrs. Alexander, Anfang, Fotsch, Gordon, Johnson, Kong,
Kramer, Mazdell, and Mejia,.
Commissioners Mmes. *Faricy; and Messrs. *Alton, *Dandrea, *Field, *Geroais, and Rosales.
Absent:
*Excused
Also Present: Lazry Soderholm, Plauniug Administrator; Allan Torstenson, Allen Lovejoy, and
Carol Martineau, Department of P12uning and Economic Development staff.
I. Approval of Minutes of February 28, 2003.
MOTION: Commissioner Johnson moved approval of the minutes of February 28, 2003.
Comrnissioner McCall seconded the motion. The motion carried unanimously on a voice vote.
II. Chair's Announcements
Chair Morton had no announcements.
III. Planning Admivistrator's Announcements
Mr. Larry Soderholm reported that Cominissioner's Christine Zimmer Lonetti, Matt Anfang,
Richazd Kramer, and Carole Faricy have been reappointed to the Planning Comtnission. Two
new appointees are Daniel Scott, an attorney, and Anthony Coletta, an environmental engineer.
The Council laid the appointments over for two weeks and asked for information on whether the
three-term limit for appointed bodies was advisory or mandatory and on the geographic
distribution of Planning Commission members.
City Council agenda for next week:
- Floodplain regulations are moving forwazd.
- The Ciry is accepting a Livable Community Grant from the Metropolitan Council for
the Market Lofts apartments in conjunction with the indoor Farmers Mazket.
- The ordinance proposing putting the librazies system under independent board with
oversight from the Ciry Council.
�
o3�is3
IV• PUBLIC HEARING: Trout Brook-Lower Phalen Zoning Study
Item from the Neighborhood & Current Planning Committee
(Virginia Burke, 65U266-6661 and Larry Soderholm, 65I /266-6575)
Mr. Larry Soderholm gave a brief report staring that the Trout Brook-Lower Phalen Greenway
Plan was done about three years ago by the Planning Commission. It was a small azea pian
done by a task force of people from the North End, Payne-Phalen, and from Daytons Bluff,
with some participation from the downtown. Planning Commissioner Michael Margulies
chaired the task force. The corridor was identified in the Ciry's Land Use Plan. He reported
there were two large parcels of land that were not desirable as industrial sites because of access
and poor soil conditions. A third large parcel in the greenway corridor was already a City
ponding site, the Arlington-Jackson pond. There had already been several zoning cases at the
the Trillium site, which is the middle one of the three large parcels along the proposed
greenway.
The Trout Brook-Lower Phalen Plan was accompanied by a 40-acre zoning study, but it was put
on the back burner when the Ciry decided to try to buy the Trillium and Lower Phalen Creek
sites. Now the planning staff are moving ahead with the zoning study because the City has
acquired the parcels of land as proposed in the plan. The parcels ffiat aze being rezoned from
vazious industrial categories to single family residential are all pazcels that the public now
owns--Arlingcon-Jackson pond, the Trillium site, and parcels at the Bruce Vento Nature
Sanctuary site.
Mr. Soderholm stated there was written tesUmony from the Capital Region Watershed, which
covers all this watershed area, and their commitment of some funding to help with the
development of greenway park improvements.
Chair Morton read the rules of procedure for the public hearing and announced that notice of
the public heazing was published in the Saint Paul Legal L,edger on March 3, 2003, and was
mailed to the cirywide early notification system list of recipients and other interested parties.
The following people spoke:
1. Linda Jungwirth, ll 11 Abell Street, Saint Paul, MN 55117. She is Chair of the Tri-Area
Block Club and also served on the Trout Brook-Lower Phalen Greenway Task Force. Ms.
Jungwirth stated the Tri-Area Block Club is in favor of rezoning the parcels, but the parcel
north of the Maryland Bridge up to the right-of-way for the NorPac Road should also be
zoned R-l. She stated this parcel would be a buffer between the junk yazds and industrial
on the north and the nature preserve to the south.
2. Verna Gelsen, 57 E. Magnolia Avenue, Saint Paul, MN 55117. Ms. Gelsen stated that for
many years she was on the District 6 Board and also on the Trout Brook Task Force. At
present she and her husband serve on the District 6 Land Use Task Force, which is
updating the District 6 Plan. They aze in support of the rezoning the Trillium site and the
pazcel on the north side of the Maryland bridge including the Norpac Road right-of-way.
John Thoemke, 1483 North Kent Street, Saint Paul, MN 55117. He is Chair of the
��
03 -SS3
District 6 Planning CouncIl. He stated that the request to have it all zoned R-1 is
consistent with the overall plan. He stated if the entire area is zoned R-1 no one would be
hurt, there are no ongoing businesses that would be adversely affected by that rezoning. If
some problem azises in the future, the disputed parcel can be rezoned again.
4. Janice Rettman, 682 W. Iowa Avenue, Saint Paul, MN. She is a Ramsey Counry
Commissioner. She commended Virginia Burke, Ciry Planner, for all of her efforts on this
project. Commissioner Rettman stated she brought forward a request to the Ramsey
County Board for help in the funding of this project and the Counry did contribute some
funds for the purchase of the Trillium Site. She is in support of the rezoning of all of the
pazcels to R-1.
5. Richard Pellow, 1354 Jackson Street, Saint Paul, MN 55117. Mr. Pellow stated he owns
the industrial properry northeast of Maryland and Jackson (just east of Notpac Road) and
he ran the damaged auto brokering business there for many yeazs. He stated he also owns
the property on the other side of Jackson Street and is in negouations to buy a strip of the
property north of Maryland Ave. from the City. He doesn't want to see a rezoning to
residential north of Maryland because it could negatively unpact his business.
6. Edward Baxter, 54 Geranium Avenue West, Saint Paul, MN 55117. Mr. Ba7cter stated he
lives about 4 blocks from the Trillium Site and from the Norpac Road site. He is asking
the Commission to rezone this Norpac Road azea to R-1.
Jim Schulte, 169 Jenks Avenue (business address), Saint Paul, MN. Mr. Schulte, CEO of
Modemistic, Inc., stated his business properry is along the southwestern edge of the
Trillium parcel, just north of the Tilsner Box properry. Mr. 5chulte is concerned about
access to his business. His business straddles Jenks Avenue, which he needs for his acces:
including trucks. He wouldn't want the Trillium site to be developed with Jenks as a park
access. Ae stated the idea of school buses and people trying to get in and out of the
Trillium Site through an uncontrolled area concerns him a lot. There is sometimes illegal
dumping at the end of Jenks and a good pazk plan could help with that problem.
MOTION: Commissioner Johnson moved to close testimony and refer the matter back to the
Neighborhood & Current Planning Committee. Commissioner ponnelly-Cohen seconded the
motion.
Chair Morton stated that additional written testimony will be accepted until 4:30 p.m., on
Monday, Mazch 17, 2003.
The motion carried unanimously on a voice vote.
Mr. Soderholm stated this will be discussed at the next Neighborhood & Current Planning
Committee on Wednesday, April 2° , at 8:30 a.m.
V- Zoning Committee
Commissioner Kramer gave the Zoning Committee report.
��
Mar-1T-03 11:18am From-MN House of Rapresentatives
John Lesch
State Representative
District 66A
Saint Paul
Minnesota
House of
Representatives
COMMITTEES: GOVERNMENTAL OPERATfONS AND VETERANS APFAIRS POLICY; JUDICIARY POLfCY AND FINANCE:
' IACAL GOVERNMENT AND ME(ROPOLITAN AFFAIRS
Mazch 17, 2003
St Paui Planning Commission
1100 City Hali Annex
25 W 4�' St
St. Paul, MN 55102
Dear Planninb Comzxussion Members:
Please add my name to rhe list of people in support of rhe rezoning proposal for the
Troutbrook/'1'zillium site, but with inclusion of flie pazcei nonh of Maryland as an Rl
designarion.
Much has been done by determined members of the nezghborhood to enhance this area of
Saint Paul. Their actions represe�,t the best hope of how we as citizens may raclaim
portions of our neighborhoods which wexe polluted or modified by industry.
The Troutbrook Crreenway Plan presents a unified vision tiom years of study and
discussion. 7unkyards aze necessary for any town that pxoduces waste, but we must also
be mindful oPthe vision we arfictilated in the plan. There should be a reasonable buffer
for those people who use and enjoy the trail.
Please include a reasona ly appropriate modificaiion of the proposed zonino by including
the parc �norc q M and with an Ri designation.
Slate
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651 296 3918 T-012 P.002/OOZ F-021
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1254 Dale St N., St, paul. Minnesc[a 55�17 (651} 489-7238
State O�ce Buildinp. 700 Rev or Martin Luther Kinq Jr Slvd. St Paul. Minnesota 55755-'1298 (651) 296-4?24
L � FAX: (65t) 296-3918 TTY: (651) 296•9896 Email: rep.john.lesch�house.mn
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Atrium OfSce Builciing,1295 Bandana Blvd. Suite 108, St. Paul, MN 55108
Phone: 651-644-8888 Fax: 651-644-8894 Email: crwd@qwestnet
March 12, 2003
Plannuig Commission
c/o Plamiing Administrator
City of Saint Paul
25 West Fourth Street, Suite 1100
Saint Paul, NIlV 55102
RE: Trout Brook — Lower Phalen Greenway Rezoning
Deaz Ms. Burke:
We have received the notice regarding the Trout Brook — Lower Phalen Greenway Rezoning and
would like to provide comments on this important project. The Capitol Region Watershed District
(CRWD) is very supportive of the entire Trout Brook — Lower Phalen Greenway project. As you will
recall, the CRWD has committed $10,000 in support of the development and improvements of the
Trillum site. We are anticipating representa$ves from the City and Port Authority to present an update
on this segment of the overall project at an upcoming CRWD meeting. Following that meeting the
CRWD B.oard of Managers will act on a request to release the committed funds for the Trillium site.
Regarding the specific rezoning questions before the City on this project, only one parcel stands out as
a question to the CRWD. The parcel immediately north of Maryland (PIN # 302922120075) is
currently zoned I-1 and no changes are proposed for this site. The CRWD would ask the City to
consider also rezoning this pazcel as R-1. The reason the CRWD would like the City to consider
rezoning this parcel to R-1 is to provide far possible future increased pervious surfaces within the
overall Trout Brook subwatershed. As you may know, the CRWD is in negotiations with the
Metropolitan Council to take over the Trout Brook storm sewer system. A recent study and inspection
of the Trout Brook storm sewer indicates that storxn water surchazges on the system could be
exacerbating an already frail and aging storm water system. Specifically, several azeas within the
Maryland Avenue segment were determined to be in poor condition and in need of repair. Since
providing additional storm water ponding in this area may be difficult, any reduction in impervious
surfaces could help the overall system. This is also in keeping with the CRWD general goal of
reducing impervious surfaces, when and wkere possible, to achieve an overall improvement in water
quality within the District.
We applaud and appreciate the City's efforts to establish the Trout Brook — Lowe: Phalen Greenway
and hope we can continue to collaborate on this vital project.
"Our mission is to protect, manage, and improve the water reso� � s of the Capitol Region YP¢tershed District. "
o3-y93
Planning Administrator
Mazch 12, 2003
Page Two
If you have any questions, please feel free to contact me at 488.1426 or the District Coordinator, Mark
DoneuY at 644.8888.
Sincerely,
f � r i � ° �G� J /-�.�
5 "� Marylyn Deneen
Vice President
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cc: CRWD Board ofManagers
Don Ganje, SPPR
John young, St. Paui Port Authority
Linda Jungwirth
F:�District Projects\Tmu[ Brook\Trout Brook - Lower Phalen Greenway Reyoning ComateMS 3-I I-03.doc
��
"Our mission is to protect, manage, and improve the water resources of the Capitol Region Watershed District. "
03-�'�s3
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F X PACKAGING CO.
2782 Eagandale Bivd. Eagan, Minnesota 55121
Tel (651) 796�773
Fa�c(651)796-5776
Mazch 14, 2003
Mr. Larry Soderholm
P l nnina Commission
c% P lannina Administrator
Departmen�t of Planning an@ Economic Development
25 West 4 Street, Suite 1100
St. Paul, MN 55102
Re: Trout Brook — Lower Phalen Greenway
Dear Mr. Soderholm:
Via Fax (651) 228-3314
and Mail
Thank you for taldng the time to discuss the above matter with me by telephone today.
Please be advised that I attended the public hearing on this xnatter on behaif of Fox Packaging
Company and B. Bros. St. Paul Properties LLP, the tenant and owner (respectively) of the Fox
Packaging plant located at 51 East Maryland Avenue, St. Paul, Minnesota. It was not
appropriate for me to make an oral statement at the hearing as I was not fully awaze of the issues
and the impact the rezoning proposal might have on the above facility. The full and long term
impact of the rewning proposal is still not obvious, however, I feel it is important that Fox and
B. Bros. be heard on this matter.
Fox Packaging employs as many as 40-50 employees at its plant. The Soo Railroad line
and its connecting spur aze critical elements of the plam's operation. Loss of that line would
force the plant to shutdown. Furthermore, as stated by one of the hearing participants, there is a
concern about traffic flow and access to the proposed Greenway, and in this regard, no
information was presented as to how access to the Greenway would be handled. Finally,
although there may be some logica] reason for rezoning certain open azeas to R-1, I do not see
the logic behind rezoning any of the rail lines surrounding our facility (or that of Mr. Dick
Pellow - another heazing participant), at this time to the extent that such rezoning might have any
negative ixnpact on the commerciaUindustrial activities of the adjoining businesses in what is
clearly an industrial zone.
In closing, please be advised that Fox Packaging Company and g. Bros. SG Paul
Properties LLP, object to the recommendation that any of the affected rail lines, whether
abandoned or not, be rezoned R-1, and generally object to the entire proposal to the extent that it
will have any negative short-term ar long-term effects on the commercial operations of Fox or B.
Bros.
� `J
51 EAST MARyI,AND AVE. . ST. PAiJL,1�IN 55117 . TEL (651) 489-8211 . FAX (651) 489-8247
17140 KINGSVIEW AVE. . CARSON, CA 90746 • 1BL (310) 323-4949 • FAX (310) 243-6820
95 FITCHBURG RD. . AYER, MA 01432 • TEL (978) 772_9gg2 . FAX (978) 772_9836
D3-S►�j3
Sincerely,
�
Jeffrey K
General Counsel
Fox Packaging
cc: Elliott Badzin
Bruce Mallory
Richard Pellow
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2 0£ 2
d3-s43
1409 Park Street
St. Paul MN 55117
14 Mazch 2003
Gladys Morton, Chair
St. Pau1 Planning Comuussion
25 W. 4� Street
St. Paul MN 55102
Dear Ms. Morton,
As a long-time resident of St. Paul's North End, I would like to express my support for
the rezoning of the northern part of the Trillium site as R-1 residentiai in order to
maintaiu flexibility when plauning the Trout Brook — Lower Phalen Greenway.
I strongly feel that adding more opeu spaces to our beautiful city improves everyone's
quality of life. An environmental preserve in the North End will provide educational and
recreationai opportunities for young and old alike.
I currently visit the Arlington-Jackson pond trail on a weekly basis, frequently take my
dog on the Willard Munger Trail and use the Arlington_Arkwrig�t dog park daiiy. Any
addition to the great many options to appreciate nature is more than welcome and gives
me another reason to enjoy the fact that I live in St. Paul. I am looking forwazd to
enjoying the finished Trout Brook — Lower Phalen Greenway.
Sincerely Yours,
tiJ�wtyv- �. �'�Z�� s�
Dagmar W. Cju
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CERTIFIED MAIL — RETURN RECEIPT REQUESTED
May 7, 2003
Gladys Morton, Chair
Planning Commission
City of St. Paul
�3 `'�Y �.�� i':iw'"�li Ji.fEBC
St. Paul, MN 55102
RE: Zoning Study: Trout Brook — Lower Phalen Greenway
Dear Ms. Morton:
Fax C672) 904-6147
This is in response to notices we have received concerning the re-zoning of various lands for the
proposed Trout Brook — Lower Phalen Greenway. The affected areas include portions of the
railroad's right of way and other property.
This will serve as our request that, absent consent by the railroad, the railroad's lands not be
included in any rezoning action. From the earliest mention of this project we have said that any
non-railroad proposals should not include our property as they are already fully engaged in
railroad freight operations. Although rezoning our property might not cause any immediate
practical change to our operations, the railroad is concerned that such a rezoning would create a
false presumptions about likely future use of the properiy, not to mention that railroad operations
are clearly not "residential" in nature. Further, there is no indication nor agreement that the use
of this land is going to change any time soon, so rezoning it to residential would be speculative,
at best.
Safety and continued rail service to the region are the railroad's foremost concerns. Although we
sometimes are able to accommodate trails or other non-operating uses upon our rights of way,
such non-railroad use may only occur after in-depth review and agreement of the involved
parties. That has not occurred here and we have requested from the very earliest mention of this
proposal that the proponents of this proj ect refrain from making plans involving our right of way.
The Planning Commission's acknowledgment or notice that our property has been removed from
this rezoning action in connection with the Trout Brook — Lower Phalen Greenway project would
be appreciated.
��
o3-y93
Page 2
����4 -
David S. Drach
Manager, Sa1es & Leasing/Attomey
(612)904-6139
e-mail: david_drach@cpr.ca
cc: Virginia Burke, City Planner
03126-031tr
I�
DEPARTMENT OF PLANNING
& ECONOMIC DEVELOPMENT
Mmth¢G Fuller, Dmector
CTTY OF SAIl�IT PAUL
Randy C. Kelly, Mayor
DATE:
TO:
FROM:
RE:
25 West Fourth Sbeei
Saint Pau� MN 55702
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Telephone: 651-266-6655
Facsim ile. 651-228-3314
3/27/03
Additions on 4/4/03 to show Committee recommendations (bold italics)
Neighborhood and Current Planning Committee
and full Planning Commission
Lazry Soderholm�
Trout Brook - Lower Phalen Creek Rezoning: Issues at Public Hearing on 3/14/03
On 3/14/03 the Planning Commission held iYs public hearing on the Trout Brook - Lower Phalen Creek
Greenway Zoning Study. My general conclusion isthatthe Planning Commission can be pleased that
the Trout Brook - Lower Phalen Creek Plan, which is a corridor-scale plan, is moving toward
implementation with nearly unanimous support. Twenty-one parcels, including some very large ones,
were proposed to be rezoned and there was no opposition; of course, they're all now owned by the City.
The controversy was focused on a single parcel that was not proposed to be rezoned--the one just north
of Maryland Ave., east of Jackson St., and along Norpac Road, which is also now owned by the City.
The draft minutes from the hearing are attached. Seven people spoke. In addition, the Commission
received written testimony from one more citizen, from Fox Packaging Co, and from the Capitol Region
Watershed District. Their letters aze also attached.
Issue 1: Maryland-Nor�ac Parcel
Five of the seven speakers and the Capitol Begion Watershed District asked for this pazcel to be rezoned
from I-I to R-1 like the rest of the City-owned parcels that make up the Trillium site and the Norpac
connection. At the time the Zoning Study was sent out for public review, it was still uncleaz whether the
City Council wanted to sell the Maryland-Norpac parcel or whether Richard Pellow wanted to buy it as
expansion land for his business. According to Peter White in the City's Real Estate Section, Pellow
wants to buy, but the City Council has decided not to sell, at least not before there is a final plan for the
Trillium site. 7ust to the north, the City has put the Norpac Road strip directly west of Pellow's caz
brokerage lot out for bid; White expects that Pellow will end up buying it aY its appraised value. The
proposed zoning boundary follows the anticipated ownerships. But at the Maryland-Norpac site, PED
staff left the property as I-1 in the public hearing draft to see whether the City would sell some or all of
the parcel to Pellow. Now, iPs not being sold. .
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In addition, there are pretty good arguments for keeping the parcel as open space: (a) The flat azea of the
parcel, as it slopes down from Maryland Ave., is too small for a separate industrial facility; (b) the
Capitol Region Watershed explained the risks of more impervious land cover; (c) the Trillium site will
have one of its access points from Norpac Road; and (d) the flat part of the site might be usable as a
parking azea for the Trillium pazk.
Staff recommendation: Rezone to R-1
Committee recommendation: After detailed discussion with Peter White of the City's Reat
Estate Division, the committee concurred with the staff recommendation.
Issue 2: Modemistids Use of Jenks St.
Mr. Schulte of Modernistic Corp. was concemed that Jenks St. would not be a safe access point for the
public to reach the Trillium park because his business straddles 7enks. Jenks is his main access.
Commercial traffic and trucks are on the street frequently. Fortunately, in the preliminary park planning
contained in the Trout Brook - Lower Phalen Creek Greenway Plan, Jenks St. was not identified as a
suitable access point to the park. The two access points from the Jackson Straet neighbarhood aze shown
at Rose St. at the north and Cook St. near the middle. Cook is two blocks north of Jenks.
Staff recommendation: No conflict with exisfing plan, no change needed.
Committee recommendation: Agreed with staff.
Issue 3: Rezonina of railroad riehts-of-wav
The letter from Fox Packaging objects to the rezoning of any railroad rights-of-way, whether abandoned
or not. They use the spur track that comes to their property from the northwest, and iYs important to
their business. Operations on that spur track will not be affected by the rezonings. Most of the track
being rezoned is connected to the Trillium site. It is easY of Jackson and south of Maryland. It is
abandoned as track; lt hasn't been used for yeazs; and it is now owned by the City. The track that serves
Fox runs to the north along the west edge of the Arlington-Jackson Pond site. In that section, the railroad
right-of-way carries the same zoning as the adjoining land. Some is I-1, some is RM-2, some is R-2. It
doesn't make any difference. Railroad tracks are perxnitted in any zoning district and are protected by
the interstate commerce clause. They are not subject to local regulation. Many tracks in the city are in
single-family zones.
Staff recommendation: No change iu proposed reaonings.
Commiltee recommendation: Agreed with staff. The comrrzittee also discussed how trail
connections could be made to the north either on the railroad r-o-w or along Jackson St.
Under the Lafavette Bridee
One final item I want to point out to the committee. In the original map of the greenway, a large parcel
under the Lafayette Bridge was included. It is in City/HRA ownership and used as fringe pazking. There
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is no plan for parkland there. It is currently zoned I-1, but the staff recommended changing it to B-5
(downtown "frame"). This was in the public hearing draft, so there is no change. IYs just different from
all of the parcels that are planned to be greenway segments.
Attachments with revisions 4/4/03:
Planning Commission resolution including (draft) proposed rezonings
Planning Commission minutes
Written testimony
Trout Brook - Lower Phalen Creek Greenway Plan map
Existing zoning map
Aerial photo showing Trillium site with Maryland-Norpac parcal and Modarnistic location on 7enks St.
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Trout Brook - Lower Phalen Greenway Existing Zoning
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PLANNING COMMI5SION
GladysMortan, Chair
CITY OF SAINT �UL
Randy G %lly, Mayar
DE��:
TO:
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February 6, 2003
Saint Paul Planning Commission
Virginia Burke, Planner, 266-6661
25 West Fourth 9bed
S¢iut Pauf, MN55102
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SUBJECT: Trout Brook - Lower Phalen Greenway Zoning Study
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Telephonc 651-26b6565
F¢esimilc 651-228-3314
Background
In September of 2000, the St. Paul Planning Commission initiated a Small Area Plan and 40-Acre
Study for the Trout Brook - Lower Phalen Greenway (Resolution 00-60). The Small Area Plan
was completed and adopted by October, 2001. At that time the City did not proceed with the 40-
Acre Study, as negotiations were underway for the City to purchase two large sites in the
Greenway that would have been candidates for rezoning - the Trillium Site and the Lower Phalen
Creek Site. Acquisition of those two sites has now been completed.
The Trout Brook - Lower Phalen Greenway begins at McCarron's Lake, near St. Paul's northem
boundary, and generally follows the historic path of Trout Brook to the Mississippi River. The
Greenway Corridor is approximately 5 miles in length, and includes approximately 170 acres.
Withiu St. Paul, the Greenway connects three majcr open space sites using railroad right-of-way
-- the Arlington-Jackson Pond, the Trillium Site, and the Lower Phalen Creek Site. It is the three
open space sites that are proposed to be downzoned from industrial or commercial zones to R-1,
the lowest intensity residential zone. At this time, there is no Parks/Open Space zoning district, so
R-1 is used as a stand-in. Most of the parcels to be downzoned are in City ownership. The three
open space sites comprise approximately 25 parcels and 117 acres.
Minnesota State Statutes allow Saint Paul to amend its Zoning Code (e.g. rezone property)
without the otherwise-required written consent of the owners of two-thirds of the real estate
within 100 feet of the afFected pazcels if the nuxnber of pazcels affected by the changes renders the
obtaining of written consent unpractical. This condition is met. Due to recent changes in State
Statutes, rezoning an area as this study proposes is no longer subject to the 40-Acre minimum
azea requirement. Accordingly, this study will not be referred to as a"40-Acre Stud�' but merely
a "zoning stud�'.
L-�G
a3-�'43
Saint Paul Pla.nuing Commission
February 6, 2003
Page Two
The proposed changes to the Zoning Map are attached.
Recommendation
StafFrecommends that the Planning Commission release the Trout Brook - Lower Phalen
Greenway Zoning Study for public review and comment, and hold a public hearing on the
proposed amendments on March 14, 2003.
Attachwents
Map: Trout Brook - Lower Phalen Greenway
Map: E�sting Zoning
Map: Proposed Zoning
Spreadsheet: Greenway parcels
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