09-255Council File # o9-zss
Green Sheet # 3067101
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ORDINANCE
MINNESOTA
Presented by
�
An ordl�aase�amending Chapter 60 of the Saint Paul Legisfative Code
pertaining to zoning for the City of Saint Paul and the zoning maps
thereof:
W NEREAS, Pursuant to Minnesota Statutes §462.357 and §64.400 of the Legislative Code,
Riverview Economic Development Association duly petitioned to rezone 80 Cesar Chavez
St, being legally described as RARIG CAMPUS LOT 5 BLK 1; RARIG CAMPUS LOT 7 BLK
1;, and RARIG CAMPUS VAC ST ACCRUWG & FOL. LOT 5 BLK 1, Parcel Ide�tification
lVumbers (PINs) 082822222138, 082822220140, and 082822220142, from B2 Community
Business, VP Vehicular Parking , and RM2 Medium-density Multiple Family Residential to
TN2 Traditional Neighborhood for a 10,000 sq. ft. retail/restaurant development; the petition
having been certified by the Planning Division on December 9,2008, as having been
consented to by at least 67 percent of the owners of the area to be rezoned, and further
having been consented to by at {east two-thirds of the owners of the property situated within
100 feet of the total contiguous property within one year preceding the date of the petition;
and
WHEREAS, the Zoning Committee of the Planning Commission held a public hearing on
danuary 8, 2009, for the purpose of considering the rezoning petition, and pursuant to
§107.03 of the Administrative Code, submitted its recommendation to the Planning
Commission for approval; and
WHEREAS, the Planning Commission considered the rezoning petition at its meeting held
on January 16, 2009, and recommended approval to the City Councii; 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 29, 2009, and notices were
duly mailed to each owner of affected property and property situated wholly or partly within
350 feet of the property sought to be rezoned; and
WHEREAS, a public hearing before the City Council having been conducted on February
18, 2009, 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: ��'R1 � 1D��
Section 1.
That the zoning map of the City of Saint Paul, Sheet Number 37, as incorporated by
reference in §60.301 of the Saint Paul Legislative Code, as amended, is hereby further
amended as follows:
Council File# o9-2ss
creen sneet#so6nai
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That the property at 80 Cesar Chavez St, being more particularly described as:
RAR1G CAMPUS LOT 5 BLK 1; RAR1G CAMPUS LOT 7 BLK 1;, and RARIG CAMPUS
VAC ST ACCRUING & FOL. LOT 5 BLK 1
is hereby rezoned from B2, VP, and RM2 to TN2.
Section 2.
This ordinance shall take effect and be in force thirty (30) days from and after its passage,
approvai and publication.
�����'����
APR � � 20ag
Requested by Department of:
Plan "n 211 EO �YIIC Deve10 ment
�Y�
ApprOVed by Financial SeYViCeS
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Form A proved by City Attorney
BV: �(^✓�r�e. 2 � �l G �
.
By: :,., � n a a s�
Adoption Certifii� by CounCil Secretary
Bv: � f �
Approved y Mayor: Date: 3/ � �
—�
Approved by Mayor for Submission to
Counyi
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t�PR .� �
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Adopted by Council: Date: 3 3s/e�
09-255
� Green Sheet Green Sheet Green Sheet 6reen Sheet Green Sheet Green Sheet �
DepartmenV�ce/Gouncil: �atelnitiated:
PE _ Pianning & Economic 20-FEB-09
Development
Contact Person & Phone:
Kate Reilly a
266-66'18 l
---- Assign
Must Be on Council Agenda by (Date): Number
11-MAR-09 For
- - -------- -- Routing
Doc.Type:ORDINANCE Ortler
E-Document Required: Y
Document Contact:
Contact Phone:
Green Sheet NO: 3067101
Department SentToPerson � lnitiallDate
Planoin¢&EconomicDevelonmer __ i�i(2(l�G�pG
_ —_—..----_— (�7�
Plan�ine & Economic Developme� eoartme Airector
C1NAUOCrt� "'_ _ _. _ __��!��'��
Mavor'sOf3ice '.Na odAssistant
_ _ _�--__._ _
Council
Cit�Clerk ' ._ Cin_Clerk ___ _
Z
3
4
5
Total # of Signature Pages _� (Ciip All Locations for Signature) `
Action Requested:
Adopt ordinance memonalizing City Council action approvmg the Rezoning from B2 Community Business, VP Vehicular Parking,
and RM2 Medium-densiry MulCiple Family Residential to TN2 Traditional Neighborhood for a 10,000 sq.ft retail / restaurant
development fQ� properry at 80 Cesac Chavez St, S W comer at Congress (ZF#08-220-421). Pubtic heacing held February l8, 2009.
Recommendatlons: Approve (A) or Re�ect (R)�
_�._ Planning Commission
. . CIB Commdtee
Civil Service Commissio�
Personal Service Contracts Must Answer the Following Questions:
1 Has this person(f�rm ever worked wtler a co�hact for th�s department?
Yes No
2. Has this person�rm ever been a aty employee�
Yes No
3. Does th�s personffirm possess a skili not normally possessed by any
current city employee?
Yes No
Ezplain all yes answers an separate sheet a�d attach to green sheet.
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
Riveiview Hconom�c Development Associat�on (REDA) applied for rezoning of 80 Cesar Chavez St. in order to accommodate the �
a�nticipated development of a�etait space ( restaurant at the site The Ciry Council appiQVed the �ezoning on February 18, 20Q9, after a '
pubhc heanng. ,
Advantages If Approved
Rezonmg ordinance will be adopted per Ciry CounciL intent.
�.=�:� ���vE�
Dfsadvantages If Approved:
None.
�isadvantages If Not Approved:
C�ty Council act�ou will not be completed.
Total Amount oE $0.00
Transaction:
Funding Source:
Fina ncial Information:
(Explain)
CosURevenue Budgeted: N
Activity Number:
: ._.. i .. ,. �� (''..1:
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February 20, 2009 12:06 PM Page 1
DEPARTMENT OF PLANNING &
ECONOMIC DEVELOPMENT
Cecile Bedor. Director
�
b?-1�
CTTY OF SAINT' PAUL
Chnstopher B. Cofeman. Mayor
January21, 2009
Ms. Mary Erickson
City Council Research Office
Room 310 City Hall
Saint Pauf, Minnesota 55102
Dear Ms. Erickson:
2.i Wut Fourth Sveet
Samt Paut. MN55102
Te(ephone. 6�1-266fi700
Facsimile 651-328-327D
I would like to confirm that a public hearing before the City Council is scheduled for Wednesday,
February 18, 2009, for the following zoning case.
Zoning File Number:
File Name:
Applicant:
Address:
08-220-421
REDA - Holy Land Restaurant and Grocery
Riverview Economic Development Association
80 Cesar Chavez St, SW corner at Congress
Purpose: Rezoning from 62 Community Business, VP Vehicular Parking , and
RM2 Medium-density Multiple Family Residential to TN2 Traditionai
Neighborhood for a 10,000 sq. ft. retail/restaurant development
Previous Action:
Zoning Committee Recommendation: approval, 7- 0 Q- 0(), January 8, 2009
Planning Commission Recomme�dation: approval, Jan 16, 2009
I have confirmed this day with Councilmember Thune's office. My understanding is that this
pubiic hearing request will appear on the Council agenda on or before the February 11, 2009,
City Council meeting and that you will publish notice of the hearing in the Saint Paul Legal
Ledger. Please call me at 651-266-6618 if you have any questions.
Sincer,ely,�? �
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� ; % "�. � i C-.G�iy/
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�Kate Reilly //
City Planner,
cc: File #: 08-220-421
Roxanne Young
Paul Dubruiel
Wendy Lane
Caroi Martineau
Ailan Torstenson
NOTICE OF PUBLIC HEARING
1'he Saint Paul Ciry CouncIl will con-
duct a public hearing on Wednesday, Feb-
ruary 18, 2009 at 5:30 p.m. in the City
Council Chambers, Third Floor, City
Hall/Courthouse, 15 West Kello�u Boule-
vard, St, Paul, MN, to consider the appli-
cation of Rivenriew Economic Development
Assxiation to rezone properiy at 80 Cesaz
Chavez Street (SW'corner at Congress
Street] from S2 Community gusiness, VP
Uehiculaz Parlflng, and RM2 Medium-de-
nsi Multiple Famity�Residentia7 to TN2
1Ya 'tional Neighborhood for a 56,000 sq.
ft. retail/resfaurant development. (ZF
OS-220-421]
Dated: January 23, 2009
MARY ERICKSON '
Assistant Ciry Council Secretary .
[January 29)
__" -�=,ST. PAIIL LEGAL I%EDfER ==�=s_=
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AN AFFIRMATTVE ACTION EQUAL OPPORTUN[TY EMPLOYER
DEPARTMENT OF P[,ANNtNG & �
ECOMOM(C DEVEIAPMEN7
CeciTe Bedor, D'vector n ' �� �`•'�`.•
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CITY OF SAINT PAUL
Chris[ophe� B. Coleman, Mayor
February 11, 2009
Ms. Mary Erickson
City Council Research Office
Room 310 City Halt
Saint Pauf, Minnesota 55102
25 West Fourth Street Telephone � 651 d66-6700
SairttPaul, MN55702 Facrimile. h51-218-322Q
Re: Zoning File #: 08-220-421
Fi1e Name: REDA - Holy Land Restaurant and Grocery
Applicant: Riverview Economic Development Association
Address: 80 Cesar Chavez St, SW corner at Congress
Purpose: Rezoning from B2 Community Business, VP Vehicular Parking , and
RM2 Medium-density Multiple Family Residential to TN2 Traditional
Neighborhood for a 10,000 sq. ft. retaif/restaurant development
Citv Council Heari�q� Februarv 18 2009 530 p m CifY Council Chambers
Staff Recommendation:
District Council:
Zoning Committee Recommendation:
Support:
Opposition:
Planning Commission Recommendation:
Staff Assigned:
Approval
District 3 recommended recommended approval
Approvai, vote: 7 - �
0 persons spoke in support and 2 letters were received.
0 persons spoke in opposition and 1 letter was received.
Approval, vote: 16-0
Kate Reilly, 651-26&6618
Attachments: P{anning Commission resolution:
Planning Commission minutes, Jan 16, 2�09
Zoning Committee minutes, January 8, 2009
Gorrespondence received
Staff Report packet
cc: Zoning File 08-220-421
Applicant:
City Council Members
District Council: 3
Wendy Lane
Larry Soderho(m
, Allan Torstenson
Peter Warner
AN AFFtRMATI V E ACT(ON EQUAL OFPORTUN3TY EMPLOYER
D9��''
� city of saint paul
planning commission resolution
file number o9-os
date Januarv 16. 2009
WHEREAS, Rivervisw Economie Deve{opment Association (REDA}, in File # OS-220-421, has applied
fior, a rezoning from B2 Community Business, VP Vehicular Parking , and RM2 Medium-density
Multiple Family Residential to TN2 Traditiona{ Neighborhood under the provisions of � 61.801(b) of the
Saint Paul Legislative Code, on property located at 80 Cesar Chavez St, Parcel iden6fication Numbers
(PINs) 082822222138, 082822220140, and 082822220142, legally described as RAR�G CAMPUS.
LOT 5 BLK 1; RARIG CAMPUS LOT 7 BLK 1;, and RARIG CAMPUS VAC ST ACCRUWG & FOL.
LOT 5 BLK 1; and
WNEREAS, the Zoning Committee of the Planning Commission, on January 8, 2009, held a public
hearing at which all persons present were given an opportunity to be heard pursuant to said
application in accordance with the requirements of � 61.343 of the Saint Faul Legisfative Code; and
WNEREAS, the Sa+nt Paul P{anning Commission, based on the evidence presenfed to its Zoning
Committee at the public hearing as substantially reflected in the minutes, made the following findings
of fact:
1. Subdivision approva( to create a new parcel for the REDA development on this.site requires
� rezoning the parcei so that the entire parcel has a singie zoning ctassifiication. The requested
zoning for the new parcel is TN2 (Traditionai Ne+ghborhood). This zoning would allow the
proposed deli and grocery store as weil as other potentiaf mixed-use buiidings should the .
opportunity arise.
2. The pCOposed zoning is consisfent with the way this �area has developed. Gesar Ghavez Street is
the artery of the main commerciai district on the West Side. The corridor is principally mixed-use
and commercia! buildings, with the surroundi�g active uses being commercial uses. TN2 zoning
' is designed for use in existing or potentiai pedestrian or transit nodes. Its intent is to foster and
support compact, pedestrian-oriented commercial development. It encourages a mix of uses.
Cesar Chavez Street has developed as a transit and pedestrian friendly environment.
3. The proposed zoning is consistent with the Comprefiensive Pian.
In the current Land Use chapter of the Comprehensive Plan adequate business parking is ca{ied
out as a necessity, seeking to put parking in where it fits, as in this development.
in the 2008 Land Use chapter of the Comprehensive Plan, now in Draft form, the plan calis for
Commercial Centers, of which District del Sol is one, to "promote Neighborhoad Centers as
� compact, mixed use communities that provide services and empioyment close to residences,"
which the rezon+ng to TN2 will do.
ln the District 3 Plan Summary adopted by the City Counci4 on Aug. 3, 2001 the District del Sol
area is identified as "a key commercial redevelopment corridor." The pian goes on to say:
moved by Morton
seconded by
�in favor Unanimous _
against
Riverview Economic Development Association •
#0$-220421
Page 2 of 2
°Redeve%pment witl create a unffied iden6fy ior the District dei Sol, building upon its ef6nic -
character to create a unigue place and experience in Saint Paui." .District de! So/ witl have •
esta6lished gateways, with engaged open space thaf enhances commerciat opporfunifies,
creaSng addifiona! opportunities for 24-hour activities, ° whfle increasing parkiag options in the
area."This site is a key gateway for the District del Sol area, enhances a commercial opportunity
and increases parking in the area. ,
4. The proposed rezoning is compatib�e with surrounding uses, Mnst uses allowed in B2 are
allowed in TN2 and most uses allowed in F2M2 are allowed in TN2 zoned areas as we(i. The
surrounding uses are 62 (community business) and RM2 (Mult+pte-family).
In addition, PED staff +s currently conducting a study of the District de! Sol area, which is
expected to recommend rezoning much of the neighborhood to TN2. TN2 is more compafib(e
with the active uses in the area. .
S. Court rulings have determined that °spot zoning" is illegal in Minnesota. Minnesota courts have
stated that this term appfies to zoning changes, typicalfy timited fo small plots of land, which
establish a use classifrcation inconsistent with the surrounding uses arrd creates an island of
nonconforming use within a larger zoned district, and which dramatically reduce the value for
uses speci8ed in the zoning ordinance of eithe� the rezoned plot or abuiting property. ° This is not
an instance of spot zoning as mosf the area is made up of a mix of commercial and residential
uses.
6. The pefition for rezaning was found to be su�cient on December 9, 2008: 33 parcels eligible; 22
parcels required; 22 parcels signed.
NOW, THEREFORE, BE IT RESOLVED, that the Saint Pau! Planning Commission, recommertds to �
City Council, that the application of Riverview Economic Development Association for a rezoning from
B2 Community Business, VP Vehicular Parking, and RAtt2 Medium-density Muitiple Family Residential
to TN2 Traditional Neighborhood for property at 80 Cesar Chavez St be approved.
-
�-�
n
U
Saint Paul Planning Commission
City Hall Conference Center
15 Kellogg Boulevard West
Minutes January 16, 2009
A meeting of the Plamiiug Commission o£ the City of Saint Paul was held Friday, 7anuary 16, 2009, at
4:30 a.m. in the Conference Center of City Hall.
Commissioners
Present:
Commissioners
Absent:
Mmes. Donnelly-Cohen, Faricy, Lu, Morton; Smitten, Wencl; and
Messrs. Alton, Ban Bellus, Commers, Gordon, Johnson, Kramer, Margulies,
Nelson, and Spaulding.
Ms. *Porter and Messrs. *Goodlow, and *Ward.
�'Excused
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Also Present: Lany Soderholm, Planning Administrator; Patricia 7ames, Christina Morrison,
Kate Reilly, Greta Alquist, Emily Goodman, and Sonja Butler, Department of
Planning and Economic Development staff.
I. Approcal of minutes January 2, 2409.
II.
III.
iVIOTION: Commissioner ponnelly-Cohe» moved approval of the miizutes of January 2, 2009.
Commissioner Nelson seconded the motion. The motion carried unanimously on a voice vote.
Chair's Announcements
Chair A1ton announced there is a 3M Site Advisory Committee that has been formed as a City
Council Committee and they asked the Plumiug Commission to appoint a representative. He
designated Commissioner Kramer to be our representative and Commissaoner Smitten to be his
altemate. Last night they had their first meetmg. Comrnissioner Kramer had a copy of the Port
Authority's analysis of the site. He said that this information is on the Port's web site at
www.sppa.com'3VI. Cominissioner Kramer also said that there will be 3M site tours on
Thursday, January 22, 2009 at 5:00 p.m. and on Saturday, January 24, 2009 at noon. Members
and staff who are interested in touring the 3M site should contact him advance.
Chair Alton also announced that fhe next Planning Commission meeting is the annual meeting.
Staff expects to have the annual report done. The Nominating Committee will report and officers
will be elected for 2009.
Planning Administrator's Announcements
Larry Soderholm reported on planning-related business at the City Council for last week and their
agenda for next week. He also encouraged members to look at the program for the national APA
conference, which will be in Minneapolis in late April.
IV. Zoning Comuuttee •
NEW BUSIlVESS
#08-220-421 REDA-Holy Land Restaurant and Grocerv – Rezoning from B2 Community
Business, VP Vehicular Pazldng, and RM2 Mediumdensity Multiple Family Residential to TN2
Traditional Neighborhood for 10,000 sq. ft. retaillrestaurant development. 80 Cesar Chavez
Street, SW corner at Congress. (Kate Reilly, 651/266-6618)
MOTION: Commissioner Mnrton moved the Zoning Commfttee's recommendation to
approve the rezoning. The motion carried unanimously on a vnice vare. -
#08-235-993 Holy Land Restaurant and Grocery – Variance of river corridor regulations to
pemut commercial development affecting slopes of I2% or greater. &0 Cesaz Chavez Street, SW
comer at Congress. (Kate Reilly, 651 /266-6618)
Commissioner Spaulding wanted clarification as to where the noncompliant sections of slope aze
on the site?
Kate ReiIly, PED staff, showed the site plan on the overhead screen and she pointed out the two
areas in the pazldng lot where steep slopes would be cut back and held in place by retaining walls.
Commissioner Smitten said protection of steep slopes in the River Comdor is a special interest of
hers, so she had checked out the two azeas of impact. One is not a natural bluff or steep slope. ' •
The other, the little node azea, is part 4f the original bluff. Tke slopes do not exceed the 18- .
percent standard. She said the slopes on this sita pose challenges for its development; however,
she thinks the trees and other vegetation will help to maintain the integrity of the bluff.
MOTION: Commissioner Morton moved the Zoning Committee's recommenda8on to
approve ihe variance subject to additional cnndifions The motion carried unanimously nn a
voice vote.
#a8-234-775 Sisters of St. Joseph-1884 Randolph – Rezoning from R3 One-family Residential to
RM2 Medium-density Multiple Fanuly Residential. 1884 Randolph Avenue, S W comer at
Fairview. (Emily Goodman, 651/266 G551)
MOTION: CommissionerMnrton maved the Zonfng Commiuee's recommendation tn
approve the rezoning. The morion carried unanimous[y on a voice vote.
#08-234-979 Sisters of $t, Joseph – Conditional Use Permit for nursing homeJassisted living
facility. 1884 Randolph Avenue, SW corner at Fairview. (EmiZy Goodman, 651/Z6G-6551)
Cammissioner Nelson said our Zoning Code taIlcs about facilities that are licensed by the
Department of Health. He said for assisteti living facilities in the state of Minnesota there is no
such thing as a Departmettt of Health Iicense. In this zoning case, we are treating assisted living
and nursing homes as substantiaIIy similar to each other in tem�s of land use regulation. In the
nursing home indusiry, this causes some consternation--is it housmg, is it nursing, and who has
regulatory authority for the different facilities? Commissioner Nelson ageed with the -
committee's recommendation and thinks the proposal of the Sisters of St. Joseph is for this site is
ay-��5'
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Recorded and prepazed by
Sonja Butler, Planning Commission Secretary
Planning and Economic Development Department,
City of Saint Paul
Respectfully submitted,
Approved
(Date)
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Lany Soderholm, AICP
Planning Administrator
butle�flemingVanuary 16, 2009
Marilyn Porter
Secretary of the Planning Commission
.
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MfNUTES OF THE ZONING COMM(TTEE
Thursday, January 8, 2009 - 3:30 p.m.
City Councit Chambers, 3rd Fioor
City Half and Court House
15 West Keilogg Boulevard
PRESENT: Alton, �onneily-Gohen, Faricy, Gordon, Johnson, Kramer, and Morton
STAFF: Carol Martineau, Kate Reilly, Patricia James and Peter Warner
7he meeting was chaired by Commissioner Morfon.
REDA'- HoVy Land Restaurant and Grocery - 08-220-421 - Rezoning from B2 Community
Business, VP Vehicular Parking , and RM2 Medium-density Multiple Family Residential to
TN2 Traditional Neighborhood for a 10,000 sq. ff. retaillrestaurant development, 80 Cesar
Chavez St, SW corner at Congress
Kate Reilly presented the staff report with a recommendation of approval for the rezoning. Kate
Reilly aiso stated District 3 recommended approvai, and there were 2 letfers in support, and 1
letter in opposition. Ms. Rei!!y explained that tobacco stores, tattoo parlors are allowed in 62.
Roxanne Young, applicant, stated they were in negotiations for haff of the building to be a
• restaurant and half a deli. The parking lot wili be used by Holy Land customers only. She also
stated they are a neighborhood non-profif and they worked close(y with the neighborhood for
three She also explained the traffic ftow for egress and ingress.
No one spoke in support or opposition.
The public heari�g was closed.
Commissioner f2ichard Kramer moved approval of the Rezoning - Consent. Commissioner
Stephen Gordon seconded the motion.
The motion passed by a vote of 7-0-0.
Adopted Yeas - 7 Nays - 0()
DraPted by:
('d"�.���?t�t,���, >
Carol Martineau
Recording Seaetary
Abstained - 0 ()
Submitted j -- Approved by:
�
: `,�`�i"; `" . �i ��-� .�` .�
�r
�fate Reilly / ) G(adys �Glorton
Zon+ng Section� � Chair
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`{2(11%2009) Kate Reflly�" Letter of support� � ��'���'��� � � � � � ���
r_� ,� _�.s:��� _�, . a�,W�_�.��. �� 1..��_�.�
r'1
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From:
To:
Date:
SubjeM:
File :0&22�-421
rosa edith andrade-martinez <edith_3455@hotrnail.com>
<kate.reilly@ci.stpaul.m n.us>
Z11l2009 7:03 PM
Letter of suppart
�,. «..�_ 1 �;
j��a.y�"
To whom it may Concem: �
I, Eduardo Sa4gadq owner of t50 Cesar Chavez St, tuliy support the rezonir}g process for BO Cesar Chaves St.
Please feet free to contact me at 612-B19-4959.
Sincerely
Eduardo Safgado
Windows LiveT": E-mail. Chat. Share. Get more ways to connect.
http:{)windowslive.comlexpiore?ocid=TXT_TAGLM_W L_t2_allup_explore_022009
•
ZONING COMMITTEE STAFF REPORT �����
i 1. FILE NAME: .�2EDA - Holy Land Restaurant and Grocery FILE #: 08-220-421
2. APPLICANT: Riverview Economic Deveiopme�t Assoc. HEAftING DATE: January 8, 2009
�
.
3. TYPE OF APPLICATION: Rezoning - Consent
4. LOCATION: 80 Cesar Chavez St, SW comer at Congress
5. PIN $ LEGAL DESCRIPTION: 082822220134; 082822220140, RARIG CAMPUS LOT 7
BLK 1; 082822220142 {lot 5A)
6. PLANNING �ISTRICT: 3
EXISTING ZONING: VP, B2, RM2, RC4
Z ZONfNG CODE REFERENCE: §61.8�1(b)
8. STAFF REPORT DATE: December 31, 2008 BY: Kate Reifly
9. D/iTE RECEIVED: December 11, 2008 60-DAY DEADLINE FOR ACTION: February 9, 2009
A. PURPOSE: Rezoning from 62 Community Business, VP Vehicular Parking , and RM2
Medium-density Multipie Famify Residential to TN2 Traditionaf Neighborhood for a 10,600 sq. ft.
retail/restaurant development.
B. PARCEL SIZE: Frontage on Cesar Chavez = 432 ft.; Parcei = 47,580 sq. ft. (1.09 acres)
C. EXISTING LAND USE: Vacant commercial building
D. SURROUNDING LAND USE:
North — commercial land and buildings
South — Care facility
East — Vacant
West — Care Facility
E. ZONiNG CODE CITATION: §61.801(b) provides for changes to the zoning of property
initiated by the property owner.
F. HISTORYlDISCUSSION: The Riverview Economic Development Association is
redeveloping the parcei at 72 Cesar Chavez in order to develop a 10,000 sq. ft. retail space
and 50 parking stalls. The anticipated tenant is Holy Land Deli and Grocery. The parcel is
currently vacant and has been vacant for 20 years. The parcef was occupied by the
Commercial Club, a chamber of commerce-like business club that provided social and
dining opportunities for its members. The applicant has also appfied for a variance (Zoning
File # 08-235993) for commercial development on slopes of 12 percent or greater.
G. D15TRICT COUNCIL RECOMMENDATION: �District 3(WESCO) submitted a Ietter in
support of rezoning the property.
H. FINDINGS:
1. Subdivision approval to create a new parce4 for the REDA development on this site
rezoning the parcel so that the entire parcei has a singie zoning classification. The
requested zoning for the new parcel is TN2 (Traditional Neighborhood). 7his zoning
wouid ailow the proposed deli and grocery store as weil as other potential mixed-use
buildings should the opportunity arise. _
2. The proposed zoning is consistent with the way this area has developed. Cesar
Chavez Street is the artery of the main commercial district on #he West Side. The
corridor is principally mixed-use and commercial buildings, with the surrounding active
uses being commercia! uses. TN2 zoning is designed for use in existing or potentiai
pedestrian or transit nodes. Its intent is to foster and support compact, pedestrian-
oriented commercial development. It encourages a mix of uses. Cesar Chavez Street
has developed as a transit and pedestrian friendly environment.
Zoning File # 0&220-421
Zoning Committee Staff Report
Page 2 of 2 �
3. The proposed zoning is consistenf wifh the Gomprehensive Plan.
in the current Land Use ahapter of the Comprehensive Pian adequate business
parking is called out as a necessity, seeking to put parking in where it fits, as in this
development.
In the 2008 Land Use chapter of the Comprehensive Plan, now in Draft form, the plan
calls for Commercial Centers, of which DistricY de! Sol is one, to "promote
Neighborhood Cenfers as compact, mixed use communities that provide services and
employment close to residences," which the rezoning to TN2 will do.
!n the District 3 Plan Summary adopted by the City Council on Aug. 3, 2001 the District
det Sol area is identified as "a key commercia( redevelopment corridor." The ptan goes
on to say: "Redevelopment will create a un�ed identity for the District del Soi building
upon its ethnic character to create a unigue place and experience in Safit Paui.
District del Sol will have established gateways, �vifh engaged open space fhat •
enhances cornmerciat opportunities, creating addifionai opportunities for 24-hour
activiYies,"while increasing parking options in the area. "This site is a key gateway for
the Disfricf del Sol area, enhances a commerciaf opportunity and increases parking in
the area.
4. The proposed rezon+ng is compatible with surrounding uses. Most uses allowed in B2
are ailowed in TN2, and most uses atiowed in RMZ are al(owed in TN2 zoned areas as
well. The surrounding uses are B2 (community business) and RM2 (Multiple-family).
In addifion, PED staff is eurrently conducting a sYudy of the Disfrict del Sol area, which
is expected to recommend rezoning much of the neighborhood to TN2. TN2 is more
compatible with the active uses in the area.
5. Court rutings have determinsd that "spot zoning" is illegal in Minnesota. Minnesota
courts have stated that this term °applies to zoning changes, typicai(y fimited to sma!l
plots of land, which establish a use c/ass�cation inconsistent with the surrounding
uses and creafes an island of nonconforming use wifhin a larger zoned district, and
which dramaticalty reduce the value for uses specified in the zoning ordinance of either
the rezoned plot or abuffing properfy.' 7his is nof an insfance of spot zoning as most
the area is made up of a mix of commerciai and residential uses.
6. The petition for rezoning was found to be sufficient on December 9, 2008: 33 parcels
eligible; 22 parcels required; 22 parcets signed.
I. STAFF RECOMMENDATION: Based on the above find+ngs, staff recommends approvai of
the rezoning from B2 Community Business, VP Vehicular Parking , and RM2 Medium-
density Multiple Family Residentiaf to TN2 (Traditionai Neighborhood}
.
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PETITION TO AMEND THE ZONING CODE
Department ofPlanning and EconomicDevelopment
Zanfng Section
• 7400 Ci[y Hall Annee
25 YYest Fnunh Street
Safnt Paul MN 551 02-1 63 4
(S57) 266-6589
ProperEy Owner R
a�-�
�� ° �
APPLICAN7 - �dress t 7 L G�sar_ GF��,�z
CiTy S'f' Pow� St. MN Zip Ss 1�7 Daytime Phone Ir5/ 2a.�s v3 7
Confact Person (if different� fZoXann2 �lG un1G1 Phnnn �.[ r a�.-i L 2 u—a
PROPER'fY � Address / Location _l.oi'7. 7a Ce sar G hav �K�,(, (�o�,,.�e� $�
LOCATION Legal Description_ _ SEe, w1f{'cr�c4�.2r.1
(attach additionaf sheet if necessary)
Zoning _6�Jf'EIRt�}2l.
TO THE HONORABLE MAYOR AND CITY COUNCIL:
Pursuant to Section 61.800 of the Saint Paul 2oning Ordinance and to Section 462.357(5) of Minnesota Statues,
^"` "'� " K.�n e."5' K iutsr � owner of land proposed for rezoning, hereby petitions you to
ezone the above described property from a�� /-f�C! (ht�.. zoning tlistrict to a_ TMaI,
zoning district, for the purpose of:
[� tL O� nn2�'C{' [�t G 1 O� o o t7 5�, 4.W�. ^Yd�" f `ZT at +� p(�
�s�wr��t 5 pace_
(aftach additional sheets if necessary)
Attachments as required: �Site Plan �Consent Petition
�Atfidavit
Subscribed and sworn to before me
this �7� day
of /L��i1?7�l�tJ , 20Q�.
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mzc.wpd i/14/OG
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:^- } ..('AIVITA M SLAG -. ��
, .3 �lofa`ry Public'
r, ` �Ltinnesata
- �rGorro�;anExpjresJanuary3l,�;)��
' �:.-,a^ �
af
ministrati¢e Director
H. Wildet Faundation
Page 1 of �
S
�
.CI.LiZ�l \ L � V
FIRST SUBMITTED
DATE PETITION SUBMITTED: IO'��a
DATE OFFICIALLY RECEIVED:
• PARCELS ELIGIBLE: � �
PARCELS REQUIRED; ZZ'
PARCELS SIGNED:
. . � ���
E
NCUP
SCUd'
RESUB�fITTED
DA'fE PETITION RESUB�tITTED; { �- 2� -O d
DATE OFFICSALLY RHCEIVED: ( Z 7 �� "
PARCELS ELIGIBLE: � �
PARCELS REQUTAED: 2 �
PARCELS SIGNED: � �
CHECKED B Y: ��� � U�.� C�l C+ 1..� Z"�"O Zi
DATE: I
a
•
�
CTTY OF SAIN'� PA_UL
CONSENF OF ADJOINING PROPERTY OWi�TERS FOR A .
�tEZ4NIlVG
We, the undersie ed, owners of ptopedy within IOD feet of thz total contio oas description of reai estate
owned, purchased, or sold by THE PETTTIONER wittun one yeaz preceding the date of tfiis petition -
aclmowIedge that we have been presented with the following:
1. Acopyofthepetitionof�'hz K�var�e.� �cr»"aH„- �(o�„RU,} �
(name of petitioner) �
to rezone the groperty located at �� t es�c,r- k,� vez 5�' !• r 7 � y-ce �.�� �
from a R�1PP /RN2 zoning district to a Tt�! 2 zoning district; and
2. A copy of sections ao0 through _�eL. �� 3 indusive of the Saint Paul Zoning Code.
We acknowledge that we are aware of all of the uses permitted in a"fN`d. zoning distnct, and we
are aware that any of these uses can be established npon City Coancil approvat of the Rezoaing. We hereby
conseat to the re2oning of the property in che petition of
�E`DA d- lJ�ldu- F«,wc2.a`ka� toa_ zoningdistrict.
(name of peCiTioner) "
We consent to the approvai of this rezoning as it was expIained fo us by fhe"appiicant or •
his/her represenfafive.
ADDRESS OR PIN RECORD OV✓NER SIGNA DATE
�PS a$ �2 ay ot3y R;vw^�zw �cd.e»,�c
�a c,�. c+,�� �b �t ,4ss�.�.�-�., /� o� v Ss
�i �b 1a x� ot90 AM�ers} it w:ider � /� . . . '
Gesar CFaveZ ��°u.wta'�tirf I Q U ��Z7i'X�T IF'a� I 1 f/� �/m�
OS3.Y z2 xa o13� !A».Ae,sf }y W�lder �---
aa �a. o13to +.Q.+.Aw-s� _H
Ogi `.�'b 2a � ot37
os �� ar aa �i63 � A,-•ae„st- t+ �.✓� t<tP,.�
i! / i7
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This petition shall not be considered as officially filed until the lapse of seven (7) working days after it is
received by rhe Planning Division. Any signatar of this petition may withdraw hislher name therefrom by
written request within that time. �
:
CITY OF SAINT PAUL 6y-��
•
CONSENT OF ADJOINING PROPERTY OWNERS FOR A
REZONING
We, the undersia ed, awners of property within 100 feet of the total contid ous description of rea] estate
owned, purchased, or soId by TFIE PETITIONER within one yeaz preceding the date of this petition
acknowledge that we have been presented with the following:
1. A copy of [he petition of �he 1� VL^v'P J ��ono�'� Dof,.e�o� mz,,} �w�'a„ ,,,(
(nazne of petitioner)" n
to rezone the property located at ��Czsar � ti �e� 5� 7 }�Q rce � Sf-t
� �
from a l3?JPi /RH2 zoning district to a l N 2 zoning district; and
2. A copy of sections �op through �aL. iy � inclusive of the Saint Paul Zoning Code.
u
We acknowledge that we are awaze of aIl of the uses permitted in a Tt�/`a zoning district, and we
ate aware that any of [hese uses can be established upon City Council approva] of the Rezoning. We hereby
eonsent to the rezoning of the property in the petition of
�,E`DA '} w"lc�t'°' F°� cf a`�i°n to a�CCil'�. zoning diskrict.
(name of petitioner)
YVe consent to the approval of this rezoning as it was explained fo us by the applicant or
hisfher representative.
ADDRESS OR PIN
RECO O WNE
IeS;a N+ C Gtiarei.
SIGNATURE
bATE
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e7 `6 2$ a�7 a,g ao r�
�' �- �4 �-��
D`d a�b��. 2300�-�
�5 Gearme S£
• .
� Myrnq, 15�lira v� �
�2`hh $p�c{'�/ /�.
Aw��w Mc.Cue
Aaroh e'te�rs2v� �
M 5 �Pz+e.rsv�n � i. ,.
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This peti[ion shai! nok be cansidered as officially filed until the lapse of seven (7) working days after it is
receiwed by-the Planning Division. Any signator of this petition may withdraw hi5lher name therefrom by
zvritten request within that time.
CITY OF SAINT PA:UL
CONSEIVT OF ADJOTNING PROPERTY OWNERS FOR A
REZONiNG
We, the undersib ed, owners of property within I00 feet of the totai contio ous description of reai estate
owned, purchased, or sold by THE PETtTIDNER within one year preceding the date of this petition
acknowledge that we have been presented with the followiag:
1. A copy of thepetition of �'1e. ��vtrv� cona.,.,: �?o.i.t(a ��,s.� - �.�e�,' a „�,j ,
(name of petitioner)
to rezQne the groperty located at �� Czsar lti��zz 5� j- 7 � arce ( .5/�
fmm a(3�Ipt /Rn2 zoning district to a TsV ? zonzng district; and_
2. A copy of sections �oo through �if� • 7�J � inclusive of the Saint Paui Zoning Code.
We acl�owledge that we aze awaze of all of the uses peFmitted in a"�i�f `� zoning district, and we
axe aware that any of these uses can be established upon City Council approval of the Rezoning. We hereby
eonsent to the rezonSng of the property in the petition of
�E'DA i- W lc�- Fo�,,,cla`1-kr,� to a�Chl'a, ioning district.
(nazne of petitioner) �
We consent to the approval of this rezoning as it was explained to us by the app&cant or
�is/her representafive.
A DDRE S S O PIN
� �8•ag.a�,s3.oaoa
� Si3 NK�yold+
og. a$.a2.a2. �i3`t
� s �`l Nuwbqtdf
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og.a�.a�-a2.ao$S
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� 'tS9 Roloe+�f 5f
08 ag z�. s�.009y
� t- (55 Robw'� �if'
oB �`b 20. aa„ o�`r°(
RECORD OWNER
An{Hon.� Lure �
Oe��� �k.,F,
Heaithee.sf ��sdy
Lwh.,z„ G�,.�. Ce„dE.✓
M-eafH+. 73.s.hn�y�tq
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Oot pGu'h (Zew{ F-.s+ak. My�..#-
SIGN.4TURE
DRTE
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Scfl�t- 4l�I5�
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•
•
C�
This patition shall not be considered as officiatly fited untii the lapse of seven (7) working days after it is
received by the Planning Division. Any signator of this petition may withdraw his/her name therefrom by
lvritten request within that time.
CITY OF SATNT PAUL 6 y , ��-.�-
•
CONSENT OF ADJOINING PROPERTY OWNERS FOR A
REZONING
We, the undersid ed, owners of property within 100 feet of the total contio ous description of real estate
owned, purchased, or soId by THE PETITIONER within one year preceding the date of this petition
ackno'wledge that we have been presented wlth the following:
l. Acopyofthepelitionof ��e ��vcr�e �co o c Do����.�z. a,.d( ,
(name of petitioner) ^
to rezone the groperty located at �7� GzSaV- �A� �zz 5� ! i 7 �a rce �.J ,
from a 3�/�'t 1Rh� zoning district to a i N."'. zoning district and
2. A copy of sections a o through �aL. 7N � inclusive of the Saint Paul Zoning Code.
We acknowiedge that we are aware of all of the uses pernxitted in a`CN�- zoning district, and we
are aware [hat any of these uses can be estabIishedupon City Council approval of the Rezoning. We hereby
eonsent to the rezoning of the property in the petition of
�`�'�A '�' � ��' �� �`�� to a TPI �. zoning district.
(name of petitioner)
L�'e consent to the approval of this rezoning as it was explained fo us by the applicanf or
� �is/her representative.
" ADDRESS OR PIN RECORD OWNER SIGN � DATE
a� o�.a� ,a�.�3. �oi� �2,� (nN+r4oaol �xl�p !�
v �{ �9e C �C� �'f"s��i Loan �{�� �/ / 7 �(�
- . l
D�b a`d 7-2 23 Ool
•
,� 9`b a�`d 2�. �a o115
`I� 6 u/�h<cs �.�x 54 S
`J� c�'6 22 2'1,. O I 17
�1�a, wa_ti� c,,. 5 �- 5
—�SaLJC� ��o
Pja.rbar-w �3en¢,�(.cfi
C.Y`C.a.�.54i.sw✓
✓Qy � Se e.2r�t
�3; i� N��/�r�
C, ra?oi W'LL:nH
� o� a� a�. � t ot3$ . 5v
���� Nc�»tnbold� �2 Ctiw�G
�� a$ �1 a�, oo(.� ( coc.,.n+,�
� �t 4 3�.b�1 a 2,�-
Sx�
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This petition shall not be considered as officiall� filed until the.lapse of seven (7) wocking days after it is
received by the Planning Division. Any signator of this petition may withdraw his/her name therefrom by
written requast within that time.
CITY OF SAINT. PAUI:
AFFIDAVIT OF 1�ETTPIONER FOR A REZONiNG
STATE OF lYIINNESOTA}
COUNTY OF RALYISEY )
:SS
The petitioner, REi�� d..4Ynkusf' If W'ir(e�-�°"'�" �
, being first duly sworn, deposes and staEes that Efie
coasent petition cantains signatures of the owners of at least two-thirds (213) of all eligible properties
within 100 feet of tfie subject property described in the patition and all property eontiguous to the subject
pmperty that was owned, purcfiased, or soId by the petitioner within one (2) year preceding the date of
the petition; peutioaer is informed that tfie consent petifion must contain signatures from each and all
owners of joinfly-owned property in order.to constitute consent frQm tliat property and that failure to
obtain consent from each and alI owners could invalidate the consent petition; petitibner believes fhat the
consent petition was signed by each of said owners and that the signature are the true and correct
signattues of each and aIl of the parties so described.
�
�
Morris Goodwin, Jr.
�ief Administrafive Director
�/S/ j �A2lc.✓Jt�( ,�,) '
ADDRESS Sr, g��� /�-n► Ss'to`f
(� S? — 2� —2000
TELEPHONE NUN�ER.
S bed and s orn to b fore me this
� � -- aaY �f _������ 2 0Q�
TEiRY PUB3.IC . • J
. JUANITq MSLpGERtvipN .
a - Notary Pubtie
�_- : ° �iinnesota � --
.- Y��Y�Om:r:;sonE�ii25JanuyrY37,�t0
�
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C�sR• C(z«.�GZ 5
5� P�l, �2lV : 5�c��
oi •
. ./ :l�i�'� �ieX9� -
CI��.' ��' SAIl�T�' PAUL �,��:
. AFFTDAVIT O.F PERSON CIRCULA�'ING C0�ISENT PETITION FOR A
' REZO�ING
STATE OF MIl�tNESOTA}
:SS
COUNTY OF RAMSEY )
t�a Yc�n�� ��ouwy , being first dul swom, deposes and states ihat he/she is the person
who circulated the eonsent petition consisting of � pages; thaT affiant is informed and believes that
the parfies described on the consent petition aze t1-�e owners or the parce:s of real estate rlescribed
immediately before each name, and that each of the parties described on the consent petition is an owner
of property �vithin 100 feet of th� subject property described in the petition and all property coutiguous
to the subject property that was owned, purchased or sold by the petitioner within one (1) year
preceding ihe date of the petition; that the consent petition was signed by each said owner; and that the
signatures are the true and correct signaTures of each and all of the parties so described.
i
�o anne, `[ fl�svt
NAME
�� 4 Cesa,-- G a u�ez
ADDRESS
� f 222 ( 3�1�
TELEPHONE NtIN173ER
Subscribed and swom to before me this
� day of /S/ZUb�t-f�B� , 2QQ_�
ia-oi .
' DEPARTMEN'f OF PLANNRVG & � " �
ECONOIVIIC DEVELOPMENT
Cetile Bedo>, Birec[or `�
CTI'Y OF SAIlVT PAUL
Christopher B. Colem¢n, Mo�or �
December 15, 2008
Rivervie+n� Economic Development Association
Ms. Roxanne Young
176 Gesar Chavez Street
Saint Paui Minnesota 55107-2399
� J
25 F/est Fourth Slme� Telephone: 651-Z66-6700
SainlPaul,MN55102 Facsimile:651-228-3220
ftE: 72 Cesar Chavez Street Adjustment of Common Boundary — Final Approval
Zoning File # 07-212719
Dear Ms. Young:
7his lefter is to inform you that your lot sp.lit review application for 72 Cesar Chavez Street has
• been approved for compliance with the City of Sainf Paul's subdivision regulations subject to fhe
condition that the Proposed Parcei shown on the survey dated 12-3-08, be rezoned as
necessary so that the entire pareel has a single zoning ciassification. .
The enclosed stamped and signed survey as approved by the Planning Administrator is your
record of subdivision approval by the City of 5aint Paui, which is required in order to record a
subdivision. It is the responsibiiity of the property owner to record the su6division with the
Ramsey County Departme�t of Property Records and Revenue.
This approval by the Planning Administrator will expire two years ftom the date of this.letter it
you have not yet recorded the proposed subdivision, un{ess the P{anning Administrator (at your
request} has granted an extension not to exceed one year as provided by § 61.105 of the City
Legislative Code. Any interested party may appeal this decision by the Planning Adminisfrator
to the Planning Commission within ten days as provided in § 61.701 of the Legislative Code.
Caii me at 266-6583 if you have any further. questions.
Sin erefy, �
�/� �' "'�"'�?�
Paul Dubruiei, on behatf of the Planning Admin+sfrator
PED Zoning
cc: District 3 West Side Citizens Organization
Jim Bloom, DSI
Mary (viontgamery, DS!
Cory Karsten, Public Works
�.
s
AN AFFIRMATIVE ACTION EQUAL OPPORTUN[TY EMPLOYER .��
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CITIZEN PARTICIPATIQ DIS RICTS' �'����
CITIZEN PARTICIPATION RLANNIN G DISTRICTS
1.SUNR4Y-BkT7LECR�EK�HT6HW00D
�6REATER EAST 5IDE_ .
e 3�'EST SIDE�
'�'DAYTON'S 6LUFF .
5:PAYNE-PNALEN �
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� � � 8.SUMMIT-UNI�VERSITY � -
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I�.CQMO ��s ' b�r����
11.HAMlINE-MIDWAY �
I Z� 5T. ANTNOt�Y
. 13.M�RRIAM PK.-LEXIN�TO�k HAMLiNE . �
14..6ROVELAN�=MACALEST�R-
- 15.HIGNLAND `
- 95:SUMh3IT HiLL
� 17. OOWNT6WP�
FILE# �!�V��-k QATE ��`�''��
' PLNG. DlST��__ MRP # ��
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�� zoning district boundary
� subject properry n-'� orth�
o one family , • a ��mmerc
¢ iwo famify + s.,. industrial
��-(� muRiplefamily Vvacant
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