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09-876Council File # � �� Green Sheet # 3072718 ORDINANCE CITY OF SAINT P�UL, MINNESOTA Presented by �-(� An ordinance amending Chapter 60 of the Saint Paul Legislative Gode pertaining to zoning tor the City of Saint Paul and the zoning maps thereof: WHEREAS, Pursuant to Minnesota Statutes §462.357 and §64.400 of the Legislative Code, duly petitioned to rezone 2036 Marshall Ave, being legally described as MERRIAM PARK SECOND ADD LOTS 3 ANQ LOT 4 BLK 6, PIN 042823220003, fiezoning from B2 Community Business to TN2 Traditional Neighborhood; and WHEREAS, the Zoning Committee of the Planning Commission held a public hearing on May 14, 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 W HEREAS, the Planning Commission considered the rezoning petition at its meeting held on May 22, 2009, and recommended approval recommended to the City Council; 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 June 18, 2009, and notices were duly mailed to each owner of affected property and property situated wholly or partiy within 350 feet of the property sought to be rezoned; and W HEREAS, a public hearing before the City Council having been conducted on July 1, 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: Section 1. That the zoning map of the City of Saint Paul, Sheet Number no map, as incorporated by reference in §60.301 of the Saint Paul Legislative Code, as amended, is hereby further amended as follows: That the property at 2036 Marshall Ave, being more particularly described as: MERRIAM PARK SECOND ADD LOTS 3 AND LOT 4 BLK 6 be and is hereby rezoned from B2 to TN2. p��1SHE� SEP 17 1009 Section 2. 1' 2 � 5 6 7 8 This ordinance shall take effect and be in force thirty (30) days from and after its passage, approval and�publication. � J �� / „ //� t,/� /�`Jrai.KS f1i� �t2cH�a c-�"' z o3G Y✓IHVrf^�[I /'��c ��S. 3 a7 •z1 tb') t �7-2/-.s� Requested by Department of: Plannin and Eco mic Develo meni Bv: Approve� Financial ervices By: Form � �oved by City Attorney ), / , J L� - l�✓4 �>— 7- Z(-CFj ta Counci! � Adoption Certified by uncil Secretary By: i f fi Appr d y f�l �r: D ., � g 1� � �F� � 71�1Q9 Adopted by Council: Date: � l/a�G' � cA � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � fxl .-S{� I D DepartmentfOffice(Council: Date Initiated: V � v Y � P � _PlanningBEconomic 16-JUL-09 Green Sheet NO .-_3� - 7277�,T,. - ___�-_---- Development - - � ------- � ---- -------- Contad person & Phone: Department Sent To Person InitiallDate / dOShW't1118rt15 � 0 hanin &ECOnomicDevelo me Plannin Administrator T 1�10 266-6659 7 lannin & Economic Develo me De artment Director. Assign Z ' Anornev Ci nttomevs '1 'tc -c � Must Be on CounGil Agenda 6y (Oate): Numher 3 'uancial Services D'uector OS-AUG-09 For Routing 4 ouncil C' Connc;l OoaType;�RDINANCE Order 5 � � E-DOCUmentRequired: �F � �� Document Contact: {� ConWCtPhone: �"k � c 2�09 ToW i# of Signature Pages ,(Clip All Locations for Signature) ��4 ; � q� Action Requested: �� e. s � � Adopt ordinance memorializing City Council acrion approving the Rezoning from B2 Community Business to 1'N2 Tradirional Neighborhood from property at 2036 Mazshall Ave, between Clevetand and Wilder (ZF# 09-060-431). Public heazing held July 1, 2009 Recommendations: Approve (A) or Reject (R): personal Service Contrects Must Answer the Following Questions: Planning Commission i. Has this parson/firm ever worked under a contract for this department? Cl6 Committee Yes No Civil Service Commission 2. Has this person�rm ever been a city employee? Yes No 3. Does Nis person/firtn possess a skill not normally possessed by any curcent city employee? Yes No Explain alt yes answers on separete sheet and attach to green sheet. Initiating Pro6lem, 4ssues, Opportunity (Whq What, When, Where, Why): Proper[y owners, Theodore and Elaine Kvasnik, requested rezoning of property at 2036 Marshall Ave. from B2 to TN2 in order to allow a new business, Bonus Vivus (a bakery) to locate at the property. The City Council approved the rezoning on July 1, 2009, after a public hearing. Advantages If Approvetl: Rezoning ordinance will be adopted per City Council intent. DisadvanWges If Approved: none DisadvanWges If Not Approvetl: City Council action will not be completed. Total Amount of Trsnsaction: $0.00 CosURevenue Butlgeted: Funding Source: Activity Number: Financiaf Information: (Explain) July 16, 2009 329 PM Page 1 DfiPARTMENT OF PLANNING &. ECONOMIC DEVELOPMENT Cecile Bedoq Direcwr CTTY OF SAIN'T PAUL Chris[opher 9. Coleman, Mayor June 1, 2009 Ms. Mary Erickson City Council Research Office Room 310 Gity Hall Saint Paul, Minnesota 55102 Dear Ms. Erickson: 25 4/esi Founh Stree: Saint Paul, MN 55102 Q' t?9�g�L�? _� Tefephone: 651-266b700 Fac.nmife: 651-228-3220 I would like to confirm that a pubiic hearing before the City Council is scheduied for Wednesday, July 1 2009 for the following zoning case. Zani�g File Number: Fiie Name: Applicant: Address: Purpose: 09-06�-431 Theodore and Elaine Kvasnik Theodore and Elaine Kvasnik 2034-2042 Marshall Ave, between Cleveland and Wilder Rezoning from B2 Community Business to TN2 Traditional Neighborhood, to allow a new business to locate at 2036 Marshall Previous Action: Zoning Committee Recommendation: approval, 5- 0, May 14, 2009 Planning Commissio� Recommendation: approval, unanimous, May 22, 2009 I have confirmed this day with Councilmember Stark's office. My understanding is that this public hearing request will appear on the Council agenda on or before the June 24, 2009 City Councii meeting and that you will publish notice of the hearing in the Saint Paul Legal Lsdger. F'Te�s�e call me at 651-266-6659 if you have any questions. CIYy cc: Fife #: 09-060-431 Applicant: Theodore and Elaine Kvasnik Pau! Dubruiel Wendy Lane Samantha Langer Ailan Torstenson NOTICE OP' PUBLIC HEARII�iG The Saint Paul City Councll will con- duct a public hearing on Wednesday, July I, 2009 at 5:30p m. In the City CounCll Chambers, Third Floor, City HalllCoiirthouse, - 15 West KeFtop� Bou1e- vard, St. Paul, MI3, to consider the appli- catlon of'IYieodore and Elaine Kvasnik to rezone property at 2034-2�42 Marshalt Avenue, between Cleveland Avenue and Wilder Street from B2 Community Busi- ness to 113 17adittona2 Neighborhood in order to allow a new business to IocaYe at 2036 MatshallAvenue. [ZF 09-060-432} Mazy Edckson Assistanf City Council Secretary Dated: June 5. 2009 � - � (Jime 11) __' _—_= 31: PAIIL LEGAL L$DGER �_______ 22206598 AI3 AI�FIRMATIVE ACTION EQUAL OPPORTUNTTY EMPLAYER DEPARTMENI' OF PLANNING & ECONOMIC DEVEIAPMENT Cecile Bedor, D"necior ��r ubl � AAAA�� CITY OF SAINT PAUL ChristopPrer B. Coleman, Mayor Ju�e 22, 2�09 Ms. Mary Erickson City Council Research Office Room 310 City Hail Saint Paul, Minnesota 55102 25 West Founh Streel SaintP¢ut MN55162 � D� �� Telephone: 651-266fi700 Facaimile: 651-228-3220 Re: Zoning File #: 09-060-431 File Name: Theodore and Elaine Kvasnik Address: 2Q36 Marshatl Ave, 6etween Cieveland and Wilder Purpose: Rezoning from 82 Community Business to TN2 Traditional Neighborhood Citv Council Hearinq: Julv 1, 2009, 5:30 o.m.. Citv Council Chambers Staff Recommendation: District Council: � Zoning Committee Recommendation: Support: Opposition: Planning Commission Recommendation: Staff Assigned: • Attachments: Approval District 13 made no recommendation Approval, vote: 5 - 0 0 people spoke, O letters were received 0 people spoke, 0 letters were received Approval recommended, vote: unanimous Josh Williams, 651-266-6659 Planning Commission resolution: Planning Commission minutes, May 22, 2009 Zoning Commiitee minutes, May 14, 2009 Deadline for Action Extension Letter Carrespondence received Staff Report packet cc: Zoning File #: 09-060-431 Appiicant: Theodore and Elaine Kvasnik City Gouncil Mem6ers District Council: 13 Donna Drummond Wendy Lane Allan Torstenson Peter Warner AN AFFIl2MAT'IVE ACTION EQUAL OPPORTUNITY EMPLOYER �� .city of saint paul planning commission resolution fiie number 09-35 d ate Mav 22. 2009 WHEREAS, Theodore and Elaine Kvasnik, File # 09-060-431, have applied for a Rezoning from B2 Community Business to TN2 Traditional Neighborhood under the provisions of §61.801(b) of the Saint Paul Legislative Code, on property located at 2036 Masshall Ave, Parcel ldentification Number (PIN) 042823220003, legally described as MERRIAM PARK SECOND ADD LOTS 3 AND LOT 4 6LK 6; and WHEREAS, the Zoning Committee of the Planning Commission,on May 14, 2009, held a public hearing at which a{I persons present were given an opportunity to be heard pursuant to said application in ac�ordance with the requirements of §61.303 of the Saint Paul Legislative Code; and W1iEREAS, the Saint Paul Planning Commission, based on the evidence presented to its Zoning Committee at the pubiic fiearing as substantially reflected in the minutes, made the fotlowing findings of fact: • 2. 3. The owners of the property, Theodore and Elaine Kvasnik, are appiying to rezone the property to TN2. The property contains six commercial spaces, of which fve are currently occupied. The space at 2036 Marshall is currently vacant, and the rezoning will altow ThuroSread, a company which produces baked products, to locate in the space. While the new business will include a small retail component, the majority of the business will be off- site sales, making the business one of "limited production and processing° which is first allowed in the TN2 Traditional Neighborhood district The proposed zoning is consistent with the way this area has developed. The property is located within a neighborhood commercial node at the intersection of Marshall and Cleveland Avenues. The uses permitted in the B2 and TN2 districts are very similar. Most notably, most of the buiidings in this node are scaled, aRanged, and oriented to be transit- and pedestrian-friendly, which is the same buiiding pattern envisioned for the TN2 district. The proposed zoning is cons'sstent with the Comprehensive P(an. •Strategy Number One of the Land Use Chapter of the Saint Paul Gomprehensive Plan (Land Use P(an) is to Target Growth in Unique Neighborhoods. This strategy includes focusing on the growth of mixed- use communities such as the Cleveland-Marshall node, as well as on creating new development in and along identified Corridors (arterial or collector streets with high volumes of vehicular traffic and frequent peak-hour transit servicej. Specific policies supportive of the zoning change call for providing for growth and trarrsit-supportive densities, while guiding this growth in a way that recognizes community circumstances and preferences and promoting standards that maintain vitality and attractiveness (1.20, 1.22, 1.44, 1.45). The property in question is located on Marshall Avenue, just west of the intersection of Marshall and Cleveland Avenues. Both streets are characterized as Corridors in the Land Use Plan and have a mixed residential and, particularly at major intersections, commerciai character. TN2 moved by Morton seconded by �in favor Unanimous against �• Zonmg File # 09-060-431 Planning Commission Resolution Page 2 zoning will maintain both an appropriate scale and character of development and an appropriate irrterface with surrounding residential areas. 7he Merriam Park Community Plan (Summary) contains a number of policies that support the proposed zoning change. The vision guiding the plan calis for supporting ihe neighborhood's °urban vil(age° characfer, with a mix of uses and smaller-scafe, loca(ly-oriented businesses. 4. The proposed zoning is compafible witfi surrounding commercial and residential uses. The range of businesses a((owed under TN2 zoning are al( compa661e with residantiat uses as the disfict is intendect fo allow mixed-use commerciaf and residenfial develapmenf. Moreover, the development standards associated wifh fraditionai neigfiborfiood zoning wiii help to ensure that the pedeshian and transit friendly character, neighborhood scate, and positive commercial/residential interface are maintained. � � 5. Court ru(ings have determined that °spot zoning" is illegal in Minnesota. Minnesota courts have stated that this term °applies to zoning changes, typically limited fo smatl pfots of fand, which esfabtish a use ctassification inconsistent with fhe surrounding uses and creates an isfand of nonconforming use within a(arger zoned disfrict, and which drama6cai(y reduce tfie value for uses specified in the zoning ordinance of either the rezoned plot or abutting property.° While no other TN2 zones are located in ciose proximity, TN2 zoning is compatible with both surrounding uses and zoning. Moreover, the general area is already characterfzed by the presence of a number of smail, adjacent districts of different but compafibie zoning designations. Rezoning will not reduce the value of either the rezoned or surrounding properties for allowed uses. The rezoning would therefore not constitUte °spot zoning°. • NOW, 'fHEREFORE, BE IT RESOLVED, that the Saint Paui Ptanning Commission, recommends to City Council, that the appiication of Theodore and Elaine Kvasnik for a Rezoning ftom B2 Community Business to TN2 Traditional Neighborhood for property at 2036 Marshall Ave be approved. • � ,� � . Saint Panl Planning Commission City Hall Conference Center 15 Kellogg Boulevard West Minutes May 22, 2009 A meeting of the Planning Commission of the City of Saint Paul was held Friday, May 22, 2009, at 830 a.m. in the Conference Center of City Hall. Commissioners Mmes. Donnelly-Cohen, Faricy, Lu, Morton, Porter, Smitten, Thao, Wencl; and Present: Messrs. Alton, Barrera, Goodlow, Gordon, Johnson, I{ramer, Schertler, Spaulding, and Ward. Commissioners Messrs. *Bellus, *Commers, *Margulies, and *Nelson. Absent: *Excused • • Also Present: Donna Drummond, Planning Admin;ctrator, Wendy Lane, Department of Safety and Inspections, Marcia Moermond, Office of City Council, Amy Filice, Allan Torstenson, Lucy Thompson, Penelope Simison, Merritt Clapp-Smith, Luis Pereira, 7essicaItosenfeld, ChristinaMorrison, 3osh Williams, and SonjaButler, Department of Planniug and Economic Development staff. L Approval of minntes May 8, 2009. � ft MOT'IONc ComtnissionerTohnson moved approvalof the minutes ofMay 8, 2009. Con:missioner Sramer seconded the motdon. The motios carried unanimously on a vaice vote. Chair's Announcements . Chair Akon announced that Commissioner Barrera has news to shaze. Commissioner Barrera said that his wife delivered a baby girl named Florence Amalia, born on Apri124, 2009 and they both aze doing great. Chair Alton also mentioned that the committee assignment sheet was enclosed in the packets, and to please take a look at it. There were anly a few changes made. Planning Administrator's Annonncements Donna Drummond made several announcements. The City was awarded an EPA Grant of $lmillion for a Central Corridor community-wide environmental assessment. This willpa�e the way for redevelopment in the Cenh�al Gorridor for the future. On May 13�` the City Council approved a resalufion authorizing the City to enter into a joint powers a�eement for the Interstate 94 Corridor, joining with Washington and Ramsey Counties to look at possible LRT, BRT, or commuter rail in the corridor. Also on May 13� the HRA approved a$400,000 forgivable loan Por Cxay Incorporated, as an incentive to move into Galtier Plaza. This would bring 200 jobs to downtown with an average wage of $100,000 per employee. No lease has been sigied as of yet. �' framework. The urban character of Saint Paul is such that garages on side fronts of • houses stiould be prohibited. Regazding the side entry of a house, he thinks the requirements need to be more specifia There should be a strucfural element on fhe side of the house that gives some indication of wfiere the primary entrance is. The primary entrance should have a distinctive feature. Mr. Roscoe noted tbat porches and accessibility ha�e not been addressed. He commented on section B(a) saying thaY it needs to be greafly eapanded The language becomes czitical, because on one hand you want to be somewhat general but yet you need to be clear. He agrees wifh Commissioner Schertler's comment about training staff, which is really important. Also staff needs to make sure these defrnitions are rea11y cleat. MOTION: Commissioner Wenc1 moved to confinue the pubfic hearing to Friday, June 5, 2009, leave fhe record open fo� written testimorcy, and then refer fhe maller back to the Neighborhood Planning Committee for review and recommendalion Commissioner Ward seconded the motion. The motian carried unanimously on a voice vate. V. Zoning Committee �w susnvESs #09-060-431 Theodore and Elaine Kvasnick— Rezoning from B2 Communiiy $usiness to TN2 Traditional Neighborfiood. 2038 MazshalI Avenue between Cleveland and WiIder. (Tosh �iZlimns, 651/266-6659) � MOTION: Commissioner Morton moved the Zoning Committee's recommeudation to approve the rezoning. The mntion carried unanimously vn a voue vote. Commissioner Morton announced that flze next meeting will be ott May 28, 2009 and the agenda. VL Comprehensive Planning Committee Central Corridor — Initiate Station Atea Planning For Hamline, Victoria, and Western. (Christina Morrison, 65I/266-6546 and Jessica Rosenfelc� 651/266-6560) M01TON: Coinmissioner Barrera moved tlte Comprehensive Planndng Committee's recommenAaizon tn qpprove the xnitrafion of s7ation area planning for Hamlin� V'utoria and Western stations: Commissioner Ward seconded the motiam The mation carried ureanimously on a voice vote Off-Street Pazking Requirements — Recommendation to initiate a sCudy. (Merritt Clapp-Smith, 65I-266-6547) . M01TON: Commirsioner Wexd moved the Comprehensive Planning Com»:i#ee's recommendaiion to approve the resolution to inikafe an off stred p�king requirements study. . Co»vxissioner Ward seconded the mofiom T7te motion carried unanAnnusly on a voice vote • � a�� . VII. Neighborhood Planning Committee Bicvcle Pazkin�Zonin�Code Amendments — Recommendation to initiate a study. (Kate ReiZ1y, 651/266-66I8) M01TON: Com�ru.rsioner Wencl moved the Neighborhood Planning Co�rmrittee's recommendation to approve the resoLrdion ta aZZow staff time to study a bicycle parking amendment Commissioner Gordon seconded the motion. The mntion carried unanimously on a voice vote VIII. Commnnications Committee Commissioner Smitten had no report. IX. Task Force Reports No report. X. Old Business None XI. . �I. New Business None Adjournment Meeting adjoumed at 10:03 a.m, Recorded and prepared by Sonja Bufler, Planning Commission Secretary Planning and Economic Development Department, Ciiy of Saint Paul Respectfiilly submitted, 4/L�.n�'��^'^�"`H ►.��. � u��• . .�. �• �.�� ... \ J Approved � l�l ZU J g ��) Mazil Porter � Secr�ta�y of the Plaunul ommission � o y��2 � • MlNUTES OF TttE ZONfNG COMMITTEE Thursday, May 14, 2009 - 3:30 p.m. City Council Chambers, 3rd Floor City Hall and Court House 15 West f(ellogg Boulevard PRESENT: EXCUSED: ABSENT: Alton, Donne(ly-Cohen, Faricy, Kramer, and Morton Johnson, Margulies Gordon STAFF: Patricia James, Samantha Langer, Josh Williams and Peter Wamer The meeting was chaired by Commissioner Morton. Theodore and Elaine Kvasnick - 09-060-431 - Rezoning from B2 Community Business to TN2 Traditional Neighborhood, 2036 Marshall Ave., between Cleveland and Wilder Josh Williams presented the stafF report with a recommendation of approval for the Rezoning- Council. Josh Williams also stated District 13 made no recommendation, and there were Q letters in support, and 0 letters in opposition. • Upon questions of the Commissioners, Mr. Williams stated that there is adequate parking for the existing businesses. The property owner owns the adjacent business and provides parking at that property as well. Josh also stated that the parking requirement does not change because of the rezoning. Ted Kvasnick, the applicant, reiterated that there is afready a lot of parking availa6le to existing businesses. No orie spoke in support or opposition. . The public hearing was closed. After further discussion relating to spot zonings, Gommissioner Carole Far+cy moved approval of the Rezoning-Council. Commissioner Kathi Donnelly-Gohen seconded the motion. The motion passed by a vote of 5-0-0. Adopted Yeas - 5 Nays - 0 Drafted by: �� L��- Samantha Langer Recording Secretary Abstained - 0 � DEPARTMENT OF PLANNING & ECONOMIC DEVEUJPMF,�,NT Cedle Bedor Director CTTY OF SAINT PAUL Christapher S. Co7eman, Mayor June 18, 2009 25 West Fowrh Sdeet Saint Pm�{ MN55101 Theodore A Kvasnik and Elaine K Kvasnik 1245 Knollwood Ln Mendota Heights MN 55118-1731 Attn: Thuro Bread Mr Seth Couenhoven 938 Brooks Ave. W Roseville Mn. 55113 RE: Zoning Fife # 09-060-431, Theodore and Elaine Kvasnik Dear Mr. Kvasnik and Mrs. Kvasnik: Q ��b� �l' Telephone: 651 d66-6700 Facsnnile: 657-228-3220 On April 23, 2009, you applied to rezone property at 2036 Marshall Ave. After a public hearing � by the Saint Paul Planning Commission's Zoning Committee on May 14, 2009, the Gommission voted to recommend approval recommended of your request on May 22, 2009. The Pianning Commission's recommendation is being forwarded to the City Council for their acfion. Minnesota Statutes 15.99 requires that all city action on zoning applications be compieted within 60 days of the date the application is made, but allows the City to extend this period for an additional 60 days (total of 120 days), In order to accommodate the City Council public hearing on your rezoning, which is also required by state law, fhe City of Saint Paul is hereby extending the deadline for action from June 22, 2009, (original 60 day deadline) to August 21, 2009 (additional 60 day deadiine). 7he City Council public hearing on this rezoning has been scheduled for July 1, 2009. me at 651-266-6659 orjosh.wiiliams@ci.stpaut.mn.us if you have questions. Williams � cc: File # 09-060-431 Zoning Administrator License Inspector District 13 Community Council AN AFFII2MATNE ACTTON EQUAL OPPORTUNITY EEMPLOYER . � C� • • ZONING COMMITTEE STAFF REPORT 1. FfLE NAME: Theodore and Elaine Kvasnik 2. APPLICANT: Theodore and Elaine Kvasnik 3. TYPE OF APPLICATION: Rezoning-Council 4. LOCATION: 2036 Marshall Ave, betwesn Cleveland and Wilder a��,g2�v FILE #: 09-060-431 HEARING DATE: May 14, 2009 5. PIN � LEGAL DESCRiPT10N: 042823220003; MERRIAM PARK SECOND ADD LOTS 3 AND LOT 4 BLK 6 6. PLANNING DISTRICT: 13 7. ZONING CODE REFERENCE: §61.801(b) 8. STAFF REPORT DATE: May 5, 2009 9. DATE RECEIVED: April 23, 2009 EXISTING ZONING: B2 BY: Josh Williams 60-DAY DEADLINE FOR ACTION: June 22, 2009 A. PURPOSE: Rezoning from B2 Community Business to TN2 Traditional Neighborhood. B. PARCEL SIZE: 15900 sq. ft., Marshall Avenue frontage 100 ft C. EXISTING LAND USE: Commercial/Retail D. SURROUNDING LAND USE: North: CommerciaUgas station, laundromat, liquor store (B3 Generai Business) South: Residential (RT1 multifamily residentiai) East: Retail/Commercial (B2} West: Retail/Office (B2) E. ZONING CODE CITATION: §61.801(b) provides for changes to the zoning of property initiated by the property owner. F. HISTORY/DISCUSSION: There is no zoning history for the property. G. DISTRICT COUNCIL RECOMMENDATION: District 13 has not made a recommendation as of the date of this staff report. H. FINDINGS: � � The owners of the property, Theodore and Elaine Kvasnik, are applying to rezone the property to TN2. The property contains six commerciai spaces, of which five are currently occupied. The space at 2036 Marshail is currently vacant, and the rezoning will allow ThuroBread, a company which produces baked products, to locate in the space. While the new business will include a small retail component, the majority of the business will be off-site sales, making the business one of "limited production and processing" which is first allowed in the TN2 Traditional Neighborhood district. The proposed zoning is consistent with the way this area has developed. The property is located within a neighborhood commerciat node at the intersection of Marshall and Cleveland Avenues. The uses peRnitted in the B2 and TN2 districts are very similar. Most notably, most of the buildings in this node are scaled, arranged, and oriented to be transit- and pedestrian-friendly, which is the same building pattern envisioned for the TN2 district. The proposed zoning is consistent with the Comprehensive Plan. Strategy Number One of the Land Use Chapter of the Saint Paui Comprehensive Plan (Land Use Plan) is to Targef Growfh in Unique Neighborhoods. This strategy includes focusing on the growth of mixed-use communities such as the Cleve4and-Marshali node, as well as on creating new development in and along identified Corridors (arterial or collector streets with high volumes of vehicular traffic and frequent peak-hour transit service). Specific policies supportive of the zoning change cali for providing for growth and transit- � Zoning File # 09-06Q-431 Zoning Committee Staff Repozt Page 2 supportive densities, while guiding this growth in a way that recognizes community • circumstances and preferences and promoting standards that maintain vitality and attractiveness (1.20, 1.22, 1.44, 1.45). The property in question is locafed on Marshal! Avenue, just west of the intersection of Marshail and Cleveland Avenues. BoYh streets are characterized as Corridors in the Land Use Plan and have a mixed residential and, particulariy at major intersections, commerciat character. TN2 zoning will maintairt both an appropriafe scale and character of development and an appropriate intertace wifh surrounding residential areas. The Merriam Park Community Plan (Summary} contains a number of policies that support the proposed zoning change. The vision guiding the plan cafls for supporting fhe neighborhood's °urban village" characfer, with a mix of uses and smaller-sqie, locally-oriented businesses. 4. The proposed zoning is compatible with surrounding commercial and residential uses. The range of businesses allowed under TN2 zoning are all compatible with residential uses as the district is intended to allow mixed-use commercial and residential development. Moreover, the development standards associated with traditional neighborhood zoning will help to ensure that the pedestrian and transit friendly character, neighborhood scale, and positive commercial/residential interface are maintained. 5. Court rulings have defermined that "spot zoning" is iliegal in Minnesota. Minnesota courts have stated that this term °applies to zoning changes, typically limited to small plots of land, which esfablish a use classification inconsistent with the surrounding uses and creates an island of nonconforming use within a larger zoned d+strict, and which dramaticaity reduce the vaiue for uses specified in the zoning ordinance of either the rezoned plot or abutting property.° While no other TN2 zones are locatecl in close proximity, TN2 zoning is compatibte with both surrounding uses and zoning. Rezoning � will not reduce the vafue of eifher the rezoned or surrounding properties for allowed uses. The rezoning wou(d fherefore not consfifufe °spot zoning°. STAFF RECOMMENDATION: Based on The above findings, staff recommends approval of the Rezoning from B2 Community Business to TN2 Traditional Neighborhood. � U � /� �n�� /� �'0 9--06C� �3 ( PET{�ION'f0 AMfND THE ZONING CODE Departineni of Planning arid Ec'onomic Developme Zoning Section Zsl00 City HaZI Annex 25 YYest Fourth Street Saint Paul, MN SSIO2 • Tslephone:65Z-26Fr658�w .Fax:_ 65Z-266-9I24 �� , .,. {ilk�a;�ir.�a6 �O�O�'�'illw�.g Address yo3�f-2o�fL /J1.t.G�SH��e-. -- ��, S-{ ; �,9-vL g�+JN �p SS/d Daytime phone �S� �1 '�'7b3 SEi-H GovENH �✓� �FC�iv�Q PT20PERTY APR 2 ��g�orr Address/Location 20 � � /��.�7`.t�� fi ✓--� I.egal �� An undivided�two-twelfths j2/12) of I,ot's Three (.�) and Four (4) in Block Six (6} Second Addition to Merxiam Park to the O�.ty of St. Paul, . ,. TO"THE HONORABLE MAYaR AND CITY COUNCII.: Pursuant to Section 61.$00 of the Saint Pau] Zoning Ordinance and to Section 462.357(5).of Minnesota Statues, �+`��Pa2E .a, kv,4s.u�/� , the owner of all the land proposed for rezoning, hereby peflflons von to rezone the above described properry from a B� zoning dishict to a 'C" N� zoning district, for the pu of: C(t�.,rC� :� c� l.0 3 �/- 2o yL �/,.a�,S t(-�iy,.e LUf l�C� /NGLU�'✓ES. ��/.� F/I�U'y.I/ �'�1 TO�1��. �ONI/JC. w 1f� s�lEw 7�-exr¢••c u%e_� 15'.�.�.�� .G,� �,17,e.t�2 nL,c'wGnc.4•TloN �v'(�- �tJ.2 '�� f�4 rYX�tt3.C'Z7�' Lv(� d� �'i7�F:G. ��¢[¢.S Cows'Tf.2 �LY� Q r� 1��'"LL� S�AA^t'1L. /JV�/gLSo yd/GL(�j.� �,�,(IiIGlKCr � s,��,�. 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COMO CI7IZEN PARTICIPATIO DIS RICTS" o9��r� �: �� .,�F.�� , '; �� I � . ... �s. s � e N � CITTZEN PARTICIPATIOM PLANNING RISTRICTS 1.SUNR4Y=BRT7LECREEK�H26HWOOd 2.GREATER EAST 5.IIIE 3.WEST SIOE" 4.DAYTON'S BLUFF . 5:PAYNE-PHkLEN -� b.NORTH EN�D � 7.THOMAS=DALC 8.S1lMMIT-UNIVERSITY � � 1 D. COMO �EVENTH �i j�� /}/ J1 �` v� Vt�V • 71.HAMLINE-MI6WAY � � . ANTti�NY . 13'. RRIAM PK.—LEkINGTON NAMLiNE GROVELAND�NIACALESTER 15.HIGHLAND j6:SUMMIT HbLL 17.QOWN76WN . d a �� n� FILE #J��— DATE � �� O � PLNG. DiST! st— MAP # �� LEGEND �� zoning district boundary ^ � subjed property �— ortn �� 0 one famiiy � iwo family '�-� Q multipie family • • ^ comme � � � industr V vacant �� . t € E [ '.�«�T E r [ i � . � _ , . _ ; , � � � � z . ,