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06-68Council File #. ` r b� Ordinance # Green Sheet # 3029290 ORDINANCE CITY OF SA�lA1T PAUL, MINNESOTA � Presented By Referred To . Date 2 An ordinance amending Chapter 60 of the Saint Paul Legislative Code 3 pertaining to zoning for the City of Saint Paul and the zoning maps thereof: 4 5 WHEREAS, Pursuant to Minnesota Statutes §462.357 and §64.400 of the Legislative Code, 6 Wellington Management duly petitioned to rezone 2318 Marshall Ave, being legally described � as DESNOYER PARK RAMSEY CO., MINN. N 33 8/10 FT OF LOT 3 AND ALL OF LOTS 1 8 AND LOT 2 BLK 47, P{N 052823120107, from 82 (Community Business) to TN2 (Traditional 9 Neighborhood); and i WHEREAS, the Zoning Committee of the Planning Commission held a public hearing on 2 November 10, 2005, for the purpose of considering the rezoning petition, and pursuant to 3 §107.03 of the Administrative Code, submitted its recommendation to the Planning 4 Commission for approval; and 6 WHEREAS, the Planning Commission considered the rezoning petition at its meeting held on � November 18, 2005, and recommended approval recommended to the City Council; and 8 9 WHEREAS, notice of public hearing before the City Council on said rezoning petition was o duly published in the official newspaper of the City on December 15, 2005, and notices were 1 duly mailed to each owner of affected property and property situated wholly or partly within 2 350 feet of the property sought to be rezoned; and 4 WHEREAS, a public hearing before the City Council having been conducted on January 4, 5 2006, at which all interested parties were given an opportunity to be heard, the Council having 6 considered all the facts and recommendations concerning the petition; now, therefore 7 8 THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: Section 1. That the zoning map of the City of Saint Paul, Sheet Number 17, as incorporated by reference in §60.301 of the Saint Paul Legislative Code, as amended, is hereby further amended as follows: 6 That the property at 2318 Marshall Ave, being more particularly described as: 7 8 DESNOYER PARK RAMSEY CO., MINN. N 33 8/10 FT OF LOT 3 AND ALL OF LOTS 9 1 AND LOT 2 BLK 47 �;�!� ?�'�� `�," :. :.: 4 5 6 7 8 be and is hereby rezoned from 62 to TN2. Section 2. O�O �� This ordinance shall take effect and be in force thirty (30) days from and after its passage, approval and pubiication. �v �'�_� � ��'� Requested by Department of: Plannin id Economic Develovment By: Approved by Financial Services By: Form Approved by City Attorney By: �' L✓• �✓w.w�.�_ (— eq — 0 6 Approve y ayoi for Sub 's 'on to unc' By: BY� �!G � .' Approved by r: te: � � Q b By: � � ,m ,c�,,% J �� r _ �. ? j�� Adopted by Council: Date: //O� Adoption Certified by Council Secreta � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet ' Deparhnentloffice/council: ; Date Initiatetl: ! PE -P��.o j o�� ! Green Sheet NO: 3029290 ContaM Person & Phone: . Patricia James 266-6639 Be on Council F�qenda by (Date): ContractType: OR-0RDINANCE � ' Assign Number For Routing Order ToW I # of Signature Pages _(Clip All Locations for Signature) Action Requested: Adopt ordinance memorializing City Council acrion approving the rezoning from B2 (Community Business) to T'N2 (Tradirional Neighborhood) for 7-story mixed use building with 24 residential units for property at 2318 Mazshall Avenue, SE corner at Otis. Public heazing held January 4, 2006. idations: Appro�e (A) or Reject (R): Planning Commission CIB Committee (.1�n1 Sereice Commission � Ob'b� ueaa'vneni seni i o rerson mmauuate 0 �lannine&EconomicDeveloo I PatriciaJamw I ��` 1 lantin & Economic Develo � Director/T. Schertler 2 '(.l'tvAttomev CtilvAttomev �_ 3 ! avor's Office � Mavor/Assistant 4 �ouncil � CiN Council 5 'N Clerk Citv Clerk 6 lannine & Ernnomic Develon Patricia James � service convaccs mustnnswer 1. Has this personlfirtn e�er worked under a contract for this department? Yes No 2. Has this personlfirm e�er been a city employee? Yes No 3. Does this persorJfirtn possess a skill not nortnally possessed by any current city employee? Yes No Explain all yes answers on separate sheet and attach to green sheet Initiating Problem, Issues, OppoAunity (Whq Whaf, When, Where, Why): Wellington Management, Inc. requested the rezoning to TN2 in order to develop an entirely residenrial structure. B2 zoning would have required commercial uses on the first floor. The City Council approved the rezoning January 4, 2006, afrer a public hearing. Advantages IfApproved: Rezoning ordinance will be adopted per City Council intent. DisadvantageslfApproved: None. Disadvantages If NotApproved: Ciry Council action will not be completed. iotal Amount of Trensaction: Funding Source: CosURevenue Budgeted: Financiat {nformation: (Explain) Activiry Number: _�A�' � 9 ?fJJa . ya - ,� .JN.3 d - �:•�.. - 5"3��sn r-�r- �. ��-� �- v � vr, r�.,_ ��_F` �`'� P�� January 5, 2006 9:02 AM Page 1 JA� � 1 200a� DEPARTMENT OF PLANNING & ECONOMIG DEVELOPMENT Susars KimGerly, Director CITY OF SA1NT PAUL Randy C. KeUy, Mayor 25 West Fourth Street Saint P¢ul, MN.i5102 � 0�� Telephone= 65/-266-6700 Facsimile: 651-228-3220 . NOTiCE OF POBLiC HEARIIPG December 6, 2005 Ms. Mary Erickson City Council Research Office Room 310 City Hall Saint Paul, Minnesota 55102 Dear Ms. Erickson: 1he Saffit Pavl City Ca.mc� wId maduct a public hear'uig on Wednesday, January 4, 2006 at 5:30 p.m. in the Qty CouncIl Chaznbers, Tl�ird Floor City Hall, 15 �est Kellogg Soulevard. St Pav1. MN, to con- sider the appeal of Wellington Manage_ ment to rezone property from B2 [Commvnity Business) to 1N2 (Traditiona] NeighborhoodJ for a 7-story mixed' use buil�ng with 24 resideatiat un{y� at 2318 Mazshall Avenue, southeast corner at Otis Avenue. (ZOning FYIe 0&154-704) Dated: December 9, 2005 MARY ERICKSON � Assisiant GYty Councii Secre}ary (December 15) � S1: PAIIL LEGAL 7EDGgit 22107904 I would like to confirm that a public hearing before the City Council is scheduled for Wednesday, January 4, 2006, for the following zoning case. Zoning File Number: File Name: Address: Purpose: OS-184-704 Wellington Management 2318 Marshall Ave, SE corner at Otis Rezoning from 62 (Community Business) to TN2 (Traditional Neighborhood) for 7-story mixed use building with 24 residential units Previous Action: Zoning Committee Recommendation: approval, 5- 0, November 10, 2005 Planning Commission Recommendation: approval recommended, unanimous, November 18, 2005 I have confirmed this day with Councilmember BenanaVs office. My understanding is that this public hearing request will appear on the agenda for the December 28, 2005, City Council meeting and that you will publish notice of the hearing in the Saint Paul Legal Ledger. Please call me at 651-266-6639 if you have any questions. Si erely, � --• �4 Patricia James City Planner cc: File #: 05-184-704 ApplicanUAppellant: Wellington Management, Attn: Ms Tanya Bell Song Fawcett Paui Dubruiel Wendy Lane Carol Martineau Allan Torstenson AA-ADA$EO Employer CITY OF SAIlVT PAUL Randy C Kel1y, Mayor December 28. 2005 Ms. Mary Erickson City Council Research Office Room 310 City Hail Saint Paul, Minnesota 55102 DEPARTMENT OF PLANNRv'G &. , ,�,^�, ECONOMIC DEVELOPMENT � ;?i � �°� r L-1 ''.s' `=;._:.. Susan KimberZy, Dzrector 25 P✓. FouRh Sbeet Te[ephone.� 651-266-6700 SaintPaul, MN55102 Facsimile: 651-228-3220 Re: Zoning File #: OS-184-704 File Name: Wellington Management Address: 2318 Marshall Ave, SE corner at Otis Purpose: Rezoning from B2 (Community Business) to TN2 (Traditional Neighborhood) for 7-story mixed use buiiding with 24 residential units City Council Hearina: Januarv 4 2006 530 p m Citv Councii Chambers Staff Recommendation: • District Council: Zoning Committee Recommendation; Support: Opposition: Planning Commission Recommendation: Deadiine f,or Action Staff Assigned: Attachments: cc: Zoning File 05-184-704 Applicant: Wellington Management City Council Members District Council: 13 Wendy Lane Larry Soderhoim Allan Torstenson . Peter Warner Approvai District 13 recommended recommended approval Approval, vote: 5 - 0 0 persons spoke in support and 0 letters were received. 6 persons spoke in opposition and 2 letters were received. Approval recommended, vote: unanimous December 18, 2005, extended to February 16, 2006 Pafricia James, 651-266-6639� Planning Commission resolution: 05-98 Planning Commission minutes, November 18, 2005 Zoning Committee minutes, November 10, 2005 Correspondence received Staff Report packet AA-ADA-EEO Employer city of saint paul planning commission resofution file number 05-98 r^r ;; � - date November 18. 2005 WHEREAS, Wellington Managemerit, File # 05-184-704, has applied for a rezoning from B2 (Community Business) to TN2 (Traditional Neighborhood) for a 7-story mixed use building with 24 residentiai units under the provisions of §66.321 of the Saint Paul Legislative Code, on property located at 2318 Marshall Ave, Parcel Identification Number (PIN) 052823120107, legally described as DESNOYER PARK RAMSEY CO., MINN. N 33 8/10 FT OF �OT 3 AND ALL OF LOTS 1 AND LOT 2 BLK 47: and WHEREAS, the Zoning Committee of the Planning Commission, on November 10, 2005, heid a public hearing at which ail persons present were given an opportunity to be heard pursuant to said application in accordance with the requirements of §64.300 of the Saint Paul Legisiative Code; and WHEREAS, the Saint Paul Planning Commission, based nn the evidence presented to its Zoning Committee at the public hearing as substantially ref(ected in the minutes, made the foilowing findings of fact: 1. The applicant has recently purchased fhis property and wishes to construct a 7-story building with 24 residential units and pofential first floor commercial space. The applicant is requesting rezoning to TN2 to accommodate these uses. The site has fronfage on Marshall Avenue, an "A" minor arterial. There is good transit seriice from Roufe 21. 2. The intent of the TN2 district is ". .. to foster and support compact, pedestrian-oriented commercial and residential development that, in tum, can support and increase transit Usage. It encourages .. . careful attention to the amount and placement ofparking and transitions to adjacent residential neighborhoods." This Iocation is appropriate for TN2 zoning. 3. The site is surrounded by residentially zoned properly. There is a major private recreational use across Marshall and apartment buiidings to the west, south, and east. The proposed rezoning to TN2 will enhance the residential character of the area and is consistent and compatible with fhe way fhe area has developed. 4. The proposed rezoning is consistent with the comprehensive plan. Land Use Plan policy 5.2.1 supports compatible mixed use within single buildings. Objective 5.3 calis for a range of housing types and values in each neighborhood of the city. The Merriam Park Community Plan Summary, adopted by the City Council in 2004, recommends that major new devefopment sh'ould be mixed- use and IocaEed along ira rouies. NOW, THEREFORE, BE IT RESOLVED, that the Saint Paul Planning Commission, recommends to City Council, that the application of Wellington Management for a rezoning frorn 62 (Community Business) to TN2 (Traditional Neighborhood) for a 7-story mixed use building with 24 residential units for property at 2318 Marshall Ave be approved. moved by Morton seconded by in favor Unanimous against � \J � MINUTES OF THE ZONING COMMITTEE Thursday, November 10, 2005 - 3:30 p.m. Cify Council Chambers, 3rd F[oor Cify Hall and Court House '15 Wesf Kellogg Boulevard PRESENT: STAFF: EXCUSED: Alton, Anfang, Johnson, Kramer, Mejia and Morton �w s Christina Danico, Patricia James, AIIan Torstenson, Emily Ulmer, and Peter Warner Donneliy-Cohen, Faricy, and Gordon The meeting was chaired by Commissioner Morton. Wellingfon Managemenf -(05-184-704) - Rezoning from B2 (Community Business) fo TN2 (Traditional Neighborhood) for 7-story mixed use building wifh 24 dwelling units. Wellington Management -(OS-184=791) - Variances fo construct a 7-story building with 24 dweiling uni4s, a 54 ft height for the main mass of the buiiding (the lower 5 floors), a 78 ft height for the top two floors (which have a greater sefback), a 13 ft fronf yard setback, and a 6,5 ft front yard setback for an architecfural feature at fhe front entry. _, Wellington Management -(05-182-516) - Site Pian Review for potentially mixed use building"with 24 dwelling units. 23'18 Marshall Ave, SE corner at Otis. Patricia James presented the sfaff report with a recommendation of approval for the Rezoning and Variances, and a recommendation of approval with condifions for the Site Plan Review. Ms. James also stated that Disfrict 13 recommended approva( for the Rezoning and made na recommendation for the Variances and Site Plan Review. There were no lefters in support, and 2 letters in opposition. Song Fawceft, the attorney representing the applicant, and Pete Keely, architect of the project, presented a 3D modei to the Commissioners, explaining the site and building materiais. James Marti, 241 Exeter Place, represenfed the Land Use Committee of the Merriam Park Community Council. He explained that Merriam Park chose to make no formal recommendation because the residents were strongly divided on the application. Major concerris of residents inciuded the height of the building, increased traffic, and increased demand for on-street parking. Support for the project was found in fhe architecfurai impact of the design, the opportunity for a landmark building, and the`materials proposed. Michael McDonough, 200 N. Mississippi Boulevard, stated that he opposed the project because of its large heighf variance in proximity to the designated Critical Area of the Mississippi River. Pete Lewis, 222 Exeter Place, stafed that he would otherwise be in favor of the project but is opposed to the height. }ie noted that the new building would be out of scale.with the existing neighborhood. The public hearing was closed. The applicant made no rebuttal. Commissioners and staff reviewed and ciarified the height variances. Commissioner Brian Alton moved approval of fhe Rezoning. Commissioner Richard Kramer seconded the mofion. � � The motion passed by a vote of 5-0 � � 4 � � j� � . Adopfed Yeas - 5 Nays - 0 Abstained - 0 Commissioner Brian Alton moved approval of fhe Variances. Commissioner Maftheav J. Mejia seconded the motion. A roll call vote was taken. The mofion passed by a vote of 5-0 Adopted Yeas - 5 Nays - 0 Abstained.- 0 Commissioner Matt Anfang moved approval with condifions of the Site Plan Review. Commissioner Matthew J. Mejia seconded the motion. The motion passed by a vote of 5-0 Adopted Yeas - 5 Nays - Q Abstained - 0 Draffed by: Submifted by: Approved by: �'�^� �-� �� ` Christina Danico at�icia James Giadys rton Recording Secretary Zoning Section Chair 0 ZGMinutes.frtn � - �� III. . Planning Administrator's Announcements • Lar_ry Soderholm reported on City Council business for last week and announced fheir agenda for nexi week. Mr. Soderhoim is arcangir!g an interdepartmental stzff ineeiing on December 5, 200�, to collect com, on the Capitol Region Watershed District's proposed rules. The comments w�li go to Fne City CounciI meeting on December 14th. The Watershed Disr.ict has extended its public cor.Lmenf period until December 15, 2005. The Planning Commission may want to prepase commenfs of its own at its meeting on December 2nd. N. Zoning Committee CommissioneT Morton gave the Zoning Committee repott. OLD BUSIIVESS #� OS-162-754 - Environmental Wood Supplv - Review of Conditional Use Permit approved in 2004 for wood recychng center. 2165 Pigs Eye Lake Road, between CP rail yards and Metropolitan Waste Treatment Plant. (Patricia James, 65I/266-6639) MOTION: Comrizissioner Morton raoved the Zoning Committee's recommendation that the case be laid over ttp to 60 days. The motiorx carried unanimousTy on a voice vote. 1VEW BUSINESS # OS-184-095 - Glaria Dei Lutheran Church - Conditional Use Pemut to allow for overnight emergency shelter one month per year. 700 S. Snelling Avenue, between Highland and Eleanor. (Emiiy Ulmer, 651/266-6591) MOTION: Corremrssioner Morton moved the Zontng Committee's recommendation to approve the condition¢Z use pernzit. 7'he motion carried unanimously on a voice vote. # OS-? 84-397 - Shadow Fails - Otis - Apphcation far variances to construct a 21-unit condominium: 1) height, 40 ft pemutted, 50 ft requested for 10 ft variance; 2) front yazd sefback, 25 ft required, 22 ft requested for a 3 ft vaziance; 3) side yard set back, %z the height of building required, 8 ft requested; 4) rear yard setback, 25 ft required, 9 ft requested for a 15 ft variance. 205 Otis Avenue, between Dayton and Marshall. (Patt-icia lames, 65I/266-6639) MOTiON: Commissioner Mortorx moved the Zoning Corrcrrcittee's recommendation to approve the variances . The motion earried unanimously on a voice vate. u • 1 • Saint Paul PIanning Commission City Hall Conference Center 15 Kellogg Boulevard West Q��a � 2YIinutes o#'November 18, 2005 A meeting of the PIanning Commission of the Crty of Saint Paul was held Friday, November 18, 2005, at 830 a.m. in $ze Conferencz Center of City Hall. Commissioners Mme,. Donnelly-Cohen, Zimmer Lonetri, Lu, McCall, Morton, Presenf: and Porter; and Messrs. Alton, Anfang, Bellus, Coletta, Gordon, 7ohnson, Kramer, and Mejia. � Commissioners Mmes. "Faricy; *Trevino and Messrs. �` Aiigada, Dandrea, *Goodlow, Kong, and "Scott. Absent: - *Excused AIso Presenf: Larry Soderholm, Planning Administrator; Allan Torstenson, Patricia 7ames, Christina Danicp, Emily Ulmer, Shawntera Aardy, Jessica Rosenfeld, Councilmember Lee Helgen, and $ate Fleming, Departrnent of Planning and Economic Development staff. x. I� Approval of minutes of November 4, 2005 MOTIOIV: Cornmissioner ponnelZy-Cohen moved approval of the minutes ofNovember- 4, 2005. Commissioner Coletta secoxded tke motzon. Tke motion carried una�simously on a voice vote. Chair's Announcements Chair 7ohnson announced that with the transition to the new Mayor the PIanning Commission will be involved in a lot of activities in the next few months. Chair Johnson reminded members of the Aoliday Party, December 9, 2005, at Awada's. This year members can bring a guest. A sign-up sheet for the parEy is being circulated at today's meeting. The Steering Committee decided to also invite the BZA to the party because of its close ielationship with the Planning Commission on zoning cases.. Chair Johnson stated that eazlier this month, Cm c Milbum, Director of the Phalen Conidor IniSative, went ta the 2005 National Brownfields Conference in benver, where the City of Saint Paul received the fop award for the Best Brownfield Project in the counfry. The Chair has invited Mr. Milbum to make a piesentation to the Planning Commission in December. • / � % � :,� � � r OS-182-739 - Shadow Falls - Otis - Siie Pian Review zor a 21-unif condomimum. 205 Otis Avenue, beiween Da}��oa and ?vMarshai�. (Torn Beach, 65?/266-9086) MOTION: ComrrzissioneY Morton moved the Zoning Commrttee's recommendation to approve the site plan revierv with conditions. The motion carried unanimously on a voice vote. 1 OS-18�'-7Q4 - Wellin2ton Manaoement- Rezoning from B2 (Coznmunity Business) to TN2 (Tradttional i�Teighborhood) for 7-story mixed use building with 24 residential units. 2318 f Marshall Avenue, SE comer of Otis. (Patricia James, 651/266-6639) ��\ MOTIOl\': CommissionerMorton moved the Zoning Committee's recommendation to approve the rezoning. The motion carried unanimousTy on a voice vote. # OS-184-791 - Wellington Manaqement - Variances of height and setback to construct a 7-story buildmg with a 54 ft. height for the main mass of the buildmg (the lower 5 floors), a 78 ft. height far the top two floors (which have a greater setback), a 13 fY. front yard setbacic, and a 6.5 ft. front yard setback for ari architectural feature at the front entry 2318 Marshall Avenue, SE comer of Otis. (Patracia Tames, 651/266-6639) MOTTON: Commissioner Mor2on moved the Zonzng Committee's recommendation to approve the variances. The motion carried on ¢ vote of I2-2 (Bellus, Johnson). • # OS-182-516 - Wellm�ton Manaeement - Site Plan Review for mixed use build�ng. 2318 Marshall Avenue, SE comer of Otis. (Torrc Beach, 65I1266-9086) MOTTON: Commzssioner Morton moved the Zoning Committee's recommerzdation to approve the site plan review. The mofion carried unanimously on a voice vote. # OS-152-309 - Brackev Pazkin�L,Ot - Site Plan Review for used car sales lot. 80 Arlington Avenue E., SW comer at 7ackson. (JeffHawkins, 65l/266-9d83) t�i�'1'ION: Commissioner MorCor ;noved the Zoning Com�i�tee's Yeeo,m�;ze�datior t.hnt th_e case be laid over to the November 22, 2005, Zoning Cammittee meeting. The motion carried unanirnously on ¢ vozce vote. # OS-180-955 - Greq Lehman - Change of Nonconforming Use from beauty salan to tattoo school. 360 Clzfton St., SE comer at Jefferson. (Emily Ulmer 651/266-659I) MOTION: Commissioner Mor2on moved the Zonzng Cornmittee's reeommendalion that the case be laid over to the November 22, 2005, Zoning Cammittee meeting. The nzotion carried unaniraously on a voice vote. • � � : `,; _ ;� . , — :� � :�, �a �. XII. New Business Site Plan Review for Phase II of Island Stafion - Request by Saint Paul Friends of the Parks and Trails fhat the PIanning Commission hold a public hearing on the site plan. Tom Beach of LIEP reviewed the status of L'�e Island Station development and recommended . that the site plan review be handled by staff without a pubiic hearing. After discussion, several commission members felt the proposed development has policy implications because it is on the river and that it is likely that a staff decision would be appealed to the Commission anyway. MOTIQN: Commissioner Gordon moved that the PZ¢nning Commzssion shou7d hold a public Izearing on the IsTaxd Staiion Phase ZI site plare at its Zonzng Commitfee. Seconded by Corremissioner Lu. The motion passed 7-3 (Mejia Morton, Zimmer-Lonetti). Adjournmenf Meeting adjourned at 10:40 a.m. Recorded and prepared by Kate Fleming, Planning Commission Secretary Planning and Economic.Development Departrnent, City of Saint Pau1 Respectfully submitted, �,1' � �j v�v��- Lany S d holm Planning Administrator PED�FlemingV4linutes�November 1 S, 2005 Minutes Approved f �`'—/Y//J/�J (Date) . � � /Ut��/,L� � u McCall Secretary of the Planning Commissio� `� • • • PRESENT: STAFF: EXCUSED: MINUTES OF THE ZONING COMMITTEE Thursday, November 10, 2005 - 3:3� p.m. Cify Council Chambers, 3rd Ftoor City Hall and CourE House �5 Wesf Ketlogg Boulevard Alion, Anfang, Johnson, Kramer, Mejia and Morton � ` � .� Christina Danico, Patricia James, Allan Torstenson, Emily Ulmer, and Peter Warner Donnelly-Cohen, Faricy, and Gordon The meeting was chaired by Commissioner Morton. Wellingfon Managemenf -(05-'f84-704) - Rezoning from B2 (Community Business) to TN2 (Traditional Neighborhood) for 7-story mixed use building with 24 dwelling units. Wellingfon Management -(05-184-79'I) - Variances fo construcf a 7-story building wifh 24 dwelling units, a 54 ft height for the main mass of fhe building (fhe lower 5 floors), a 78 ft height for 4he top fwo fioors (which have a greafer setback), a 13 ft front yard sefback, and a 6.5 ft fronf yard setback for an architectural feature at fhe front entry. Wellington Managemenf -(05-182-5'16) - Site Plan Review for potentially mixed use building"with 24 dwelling units. 2318 Marshalf Ave, SE corner at Otis. Patricia James presented the staff report with a recommendation of approval for the Rezoning and Variances, � a recommendation of approval with conditions for the Site Plan Review. Ms. James also sfated that tricf 93 recoMmended approvai for fhe Rezoning and made na recommendafion for the Variances and Site Plan Review. There were no letters in support, and 2 Vetters in oppositio�. Song Fawcett, fhe attorney represenfing the applicant, and Pete Keely, architect of the project, presented a 3D model to the Commissioners, explaining the sife and building materials. James Marti, 241 Exeter Piace, represented the Land Use Commitfee of the Merriam Park Community Council. He explained thaf Merriam Park chose to make no formal recommendation because the residents were strongly divided on the application. Major concems of residents included the heiahf oP fhe building, increased traffic, and increased demand for on-street parking. Support for the project was found in fhe - architectural impact of the design, the opportunify for a landmark building, and the'materials proposed. Michael McDonough, 200 N. Mississippi Boulevard, sfated that he opposed the project because of its large height variance in proximity fo the designated Critical Area of the Mississippi River. Pete Lewis, 222 Exeter Place, stated fhat he wouid otheiwise be in favor of the project but is opposed to fhe height. He noted that the new building would be out of scale with fhe existing neighbwhood. The public hearing was ciosed. The applicanf made no rebuttal. Commissioners and staff reviewed and clarified the height variances. Commissioner Brian Alfon moved approval of fhe Rezoning. Commissioner Richard Kramer seconded the �n .. .- ,:�� r. fi ' t ♦ ' f . y_�i 10 Novemher2005 11�erriam Park� �� , f�� .. - -... �_-_ ;, _ _. . _ . _ �—. ��-- .-M:�- , ==- . ... _ .. . Cor�zm.un�t� �ouncil 1684 SelbyAvenue • St. Paul • Minnesota • 55104 mpcc@memam-park.org - www.merriam-park.org tel: 651,645.6887 • fas; 651.417.9991 - - ---- : ._ .�-- _ - . - - - -*•---� -�.--�- : --�-- � •- _' : - _ .y.. : ., r_ :-C _�� Pafricia JamaslAllan Torstensan Depsrtment of Planning and Economic Oevelaprnent Zo�ing Section 1400 City Hall Annex 25 West Fourth Street Saint Paul, MN 55102-1634 re: Weliington Management Fiie #05 482739 File # OS 1825i 6 File # �5-184�97 File # 05-184-704 File # OS-184-791 • Dear Patricia and Ailan: At the November 9, 2005 Board of Directors mesting of the Merriam Park Community Council (MPCC), the MPCC Land Use Committee presented to the 8oard th8 foilawing recommendations regarding the Shadow Fails Housing development projects proposed by Weliington Management, lnc:: (ij A.pprove a 10 teef height variance of tha church sife bui(ding (ZOS Otis Avenue) and the other variancesforthis property; including a setback variance conditione�f upon.the Bnding ofaddi6onal guest parking spaces. (ii) Approve of the re-mning of parking lot parcel (2�1.8 Marshall) from B-2 to TN-2. (iii) Make no recommendation on the height variance and aii other variances_requestad for the parking lot parcel (23� 8 Marshall}. ` These recommendatlons were put forth as three (3) separate motions. The Board approved alI three. MPCC L.and Use Commiftee Chair Dr. James Marti wiii provide a rationale for (he above recomme�dations by verbal testimony before the Sainf Paul Planning Comm(ssion 2oning Committee at its Pubtic Hearing on 1Vovember 9D, 2005. Tha�k you for your assistance to the Merriam Park GommunityCouncil. Piease direct. any questions ynu may have.to our Exe�a n��_�+�r,.,Theresa Heiland, at 651-645-6887. __ _ . �. _ _.�.. _,,,..--�-- --__ .�...... .._ ... _ . President Merriam Park Community Council ?•d fRiiiC�iG9 ,.��g1 • _.. . • W�19G:i Gf1f1� Oi n0�i � u . .,, � Patricia James - Public Hearing: File # OS-184-704 < � � � �3� �� • From: <jjentz@att.net> To: <patricia.james@ci.stpaul.mn.us> Date: 12/26lOS 10:00:32 ANI Subject: Public Hearing: File # OS-184-704 � f � � �;. I am unable to attend the public hearing regarding File;+: OS-184-704 on Ianuary 4. As a tas paying neighbor, I would like to express my concem regarding the proposed rezoning for 2318 Marshall Ave. I am in favor of development of the property to a mixed use building and support setback vaziances and change in zorung. However, I do not support allowing a 7-Story structure. A building of that size does not fit in with the rest of the aparhnent and private home buildings in the neighborhood. Limiting the building to 4 or 5 stories woulcl be more appropriate. Sincerely, Jeffrey Jentz 220 Montrose Pl. St. Paul, MN 55104 763-4941745 • • file://C:�Docuxnents%20and%20Settings\James�L,oca1%20Settings\Temp\GW}00002.HTM 12/27/2005 Yage 1 oY 1 Patricia James - F1LE # 05-184-704, WELLINGTON MANAGEMENT Prom: <Gj2i7@aol.com> � ;;`� °° ^'' • r �.. To: <patricia.james@ci.stpaul.mn.us> Date: 12/27/05 7:21:04 PM Subject: FILE # 05-184-704, WELLINGTON MANAGEMENT WE ARE TGTALLY AGAINST A T STORY BUILDING ON SE CORNER AT OTiS ANC MARSHALL. PERIOD END OF STATEMENT. GERALDINE & JACQUELINE PATTERSON, HOMEOWNERS 217 MONTROSE PLACE ST. PAUL, MN 55104 C J I � L_J file://C:�Documents% 22/28/2Q05 ZONING COMMITTEE STAFF REPORT " 1. FILE NAME: Wellington Manageinent FILE # 05-184-704 2. APPLfCANT: Wefiington Management HEARiNG DATE: November 10, 200� • 3. TYPE OF APPLICATION: Rezoning 4. LOCATION: 2318 Marshali Ave, SE comer at Otis 5. PIN & LEGAL DESCRIPTION: 052823120107, DESNOYER PARK RAMSEY CO., MINN. N 33 8!1 Q FT OF LOT 3 AND ALL OF LOTS 1 AND LOT 2 BLK 47 6. PLANNING DISTRICT: 13 PRESENT ZONING: B2 7. ZONMG CODE REFERENCE: §G6.321; §61.801(b) 8. STA�F REPORT DATE: Ocfober 28, 2005 BY: Patricia James 9. DA R Oct 19, 2� 60-D DEA� �OR ACTlON: De 18, 2 A. PURPOSE: Rezoning from B2 (Community Business) to TN2 (Traditionai Neighborhood) for 7-story mixed use building with 24 residential units B. PARCEL SIZE: Irregular parcel, approximately 130 ft. (Otis) x 150 ft. (Marshali) x 110 ft. (alley) _ 17,895 sq. ft. Including'/zthe alley increases the size to approximate4y 18,995 sq. ft. C. EXISTING LAND USE: parking lot, former site of a gas station D. SURROUNDING LAND USE: North: Town and Country Club golf course (R3) East: Multiple family residential (RM2 South: Multiple family residential (RM2) West: Multiple family residential (RM2) E. ZONING CODE CIT.4TION: §66.321 lists uses permitted in the TN2 district; §61.801(b) provides for changes to the zoning of property initiated by the property owner. • F. HISTORY/DISCUSSION: In 1987-88, a special condition use permit and site plan were approved to construct a gas station-convenience store (File #'s 10063 and1386). In 1992, special condition use permit and site plan applications to reconstruct the busir�ess were submitted and Iater withdrawn (File #'s 92-'136 and 92-137). A variance application and site plan 2view are companion files to this proposal (File #'s 05-184-791 and 05-182-516). G. DISTRICT COtJNCIL RECOMMENDATION: The District 13 Council had nof commented at the time this staff report was prepared. H. FINDINGS: 1. The applicant has recently purchased this property and wishes to construct a 7-story buiiding with 24 residential units and ootential first floor commercial space. The applicant is req��esting rezoning to TN2 to accommodate these uses. The site has frontage on Marshall /Xvenue, an "A" minor arterial. There is good transit service from Route 21. 2. The intent of the TN2 district is ". .. to foster and support compact, pedestrian-oriented commercial and residential development that, in tum, can support and increase transit usaqe. It encourages ... carefuf attention to the amount and placement ofparking and transitions to adjacent residential neighborhoods." This location is appropriate for TN2 zoning. 3. The site is surrounded by residentially zoned property. There is a major private recreafional use across Marshall and apartment buildings to the v�est, south, and east. l7ie proposed rezoning to TN2 wiN enhance the residential character of the area and is consistent and compatible with the_way the area has developed. - _ _ - _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ . _ _ _ _ 4. The proposed rezoning is consistent with the comprehensive pian. Land Use Plan policy 5.2.1 supports compatible mixed use within single buildings. Objective 5.3 calls for a range of housing types and values in each neighborhood of the city. The Merriam Park Community • Plan Summary, adopted by the City Council in 2��4, recommends that major new development should be mixed-use and located along transit routes. I. STAFF RECOMMENDATION: Based on the above findings, staff recommends approval of the rezoning from B2 (Community Business) to TN2 (Traditional Neighborhood). ,��. ,. :. PETITION TO AMEND THE ZONING CODE Departme�zt ofPlanning and Ecoxomic Development Zoning Section I400 Cify Hald flnnex 25 West Fourth Street Saint PauZ, MN 55102-I634 (65I) 266-6589 APPLICANT Zoning office use only File # DS — /�� — 7b � Fee: Tentative Hearing Date: � �/ � / y�- 1 Property Owner: Wellington Managemenf, Inc. Address: 1625 Energy Park Drive, Suite 100 City: St. Paul St.: MN Zip: 55105 DayEime Phone: (657) 292-9844 Contact Person (if different) Phone: NIA PROPERTY/LOCATION Address / Location: 2318 Marshall Avenue Legal Description: See Attached Exhibit B Current Zoning: 62 (attach additional sheet if necessary) �art3�. . , � i .: ��( ° G � � (7/�� ,� ,�9 � /� � TO THE HONORABLE MAYOR AND CITY COUNCIL Pursuant to Section 64.400 of the Saint Paui Zoning Ordinance and to Section 462.357(5) of Minnesota Statues, the owner of land proposed for re-zoning, hereby petitions you to re-zone the above described property from a zoning district to a zoning district, for the purpose of: Constructing a condominium 7-story building with 24 Units of residential mixed with potential commerciai use on the sfreet Ievel as provided by TN2 Zoning Classification. (attach additional sheet(s) if necessary) Attachm ts Required Site Plan Consent Petition Affidavit By: On e e ington-Managment,-Tnc. - - - - - - - - - - - - - - - - - - - - - - - Fee Ow of Property • • • • Subs ed and this � y of Notary before me �" ° ' "° ° ° -•' � `°�� `� . , ��' , 2005 . "-ftr RITA JEANI�IE 0,1EDH $:�,f�� Notay Pubiic �`°;,_°�'�;s f�innesota h4y Commissio.^. E:cses Jan 37, 2C07 � • � � • Site at SE corner Marshall and Otis Zoning File # 05-184-704 �S-/84-�Rf � � � � LJ South of site on Otis Zoning File # 05-184-704 0 S- �FtF -7� l r1 u • , Across Marshall to north Zoning File # 05-184-�04 Zoning File # 05-184-791 u ST � N � ��. � � 15: HIGF �'�� . � , � clnzEr� ��r�c� k� t��s ��c7s � _ . ' � - .. �. s e � � _. � ' , � - : � I . — T � . n � .. . - � 90: COMO 5: �iH � 1.SUNR4Y-E � _ -HIGHWOO� '16. 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'. . .. ... . � . . � .. .. . .. . . .. .._.. .. � � ' . . a "`^^^ $ ;"� : Y'�£ 3, Ab 5 z�c. 1" v�. �`�i a 3� Mary Erickson - Fwd: FILE # OS-184-704, WELLINGTON MANAGEMENT Page 1 �� f, �� From: Patricia James To: Benanav, Jay; Bostrom, Dan; Harris, Pat; Helgen, Lee; Lantry, Kathy; Montgomery, Debbie; Thune, Dave Date: 12/28/2005 8:57:02 AM Subject: Fwd: FILE # 05-184-704, WELLINGTON MANAGEMENT Please note the following letter. Public hearing on the rezoning is January 4, 2006. »> <Gj217@aol.com> 12/27/05 720 PM »> WE ARE TOTALLY AGAINST A 7 STORY BUILDING ON SE CORNER AT OTIS AND MARSHALL. PERIOD END OF STATEMENT. GERALDINE 8 JACQUELINE PATTERSON, HOMEOWNERS 217 MONTROSE PLACE ST. PAUL, MN 55104 CC: Erickson, Mary Mary Erickson - Fwd: Public Hearing: File # 05-184-704 Page 1 From: Patricia James To: Benanav, Jay; Bostrom, Dan; Harris, Pat; Helgen, Lee; Lantry, Kathy; Montgomery, Debbie; Thune, Dave Date: 12/27/2005 1039:02 AM Subject: Fwd: Public Hearing: File # OS-184-704 For the January 4, 2006 public hearing on the following rezoning case: »> <jjentz@att.net> 12/26/05 9:59 AM »> I am unable to attend the public hearing regarding File #: 05-184-704 on January 4. As a tax paying neighbor, f woufd tike to express my concern regarding the proposed rezoning for 2318 Marshali Ave. I am in favor of development of the property to a mixed use building and support setback variances and change in Zoning. However, I do not support allowing a 7-Story structure. A building of that size does not fit in witfi the rest of the apartment and private home buildings in the neighborhood. Limiting the building to 4 or 5 stories would be more appropriate. Sincerely, Jeffrey Jentz 220 Mantrose PI. St. Paul, MN 55104 7631t94-1745 CC: Erickson, Mary