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Memorializing City Council action taken November 7, 2012 denying an Administrative Appeal by Raymond and Susan Cantu of a decision of the Zoning Administrator which approved a site plan for property at 1200 Rice Street.
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WHEREAS, on September 2, 2012, Raymond and Susan Cantu, pursuant to Leg. Code § 61.701(b), filed an administrative appeal under PED Zoning File no. 12-101937 <tel:12-101937> from a decision of the Zoning Administrator approving a site plan submitted by Bilal Alsadi, d/b/a Rice Street Market, under DSI Zoning File no.12-090127, to relocate a gasoline pump island on property commonly known as 1200 Rice St, [PIN no. 302922220172] and legally described as Stinsons Rice Street addition Subj To Esmt Lots 10, 11 And Lot 12 Blk 2; and
WHEREAS, on September 27, 2012, the Planning Commission's Zoning Committee, in accordance with Leg. Code § 61.303, conducted a public hearing at which all persons present were given an opportunity to be heard and, at the close of the hearing, the Zoning Committee, based upon the records before it, moved to recommend denial of the Cantu's appeal; and
WHEREAS, on October 5, 2012, the Planning Commission, based upon the evidence presented to its Zoning Committee at the September 27, 2010 public hearing, as substantially reflected in the minutes, made the following findings of fact:
A. The appeal filed by Raymond and Susan Cantu lists three main issues as the basis for the appeal.
"1. All actions/interactions with the neighborhood by District 6 Council, Zoning Committee, and the Planning Commission were predicated on the plans for a new building."
As explained in the history, the original site plan application submitted in July, 2011, did show a proposal to demolish all the structures on the existing site and then construct a new and larger building with pump islands, gas pumps, and a canopy.
1200 Rice Street is located in the B2 community business zoning district. An auto convenience market in the B2 zoning district requires a conditional use permit. Per Zoning Code Section 61.503(d), when the building containing a conditional use is torn down and a new building is constructed, the change to the conditional use requires a new conditional use permit. This conditional use permit was approved subject to conditions.
One of the proposals for this new construction was to relocate the driveway a few feet north on Rice Street (closer to Maryland). Ramsey County would not approve the driveway relocation due to concerns with traffic safety at the intersection of Maryland and Rice.
As the Maryland Avenue road construction continued, City staff and the applicant
continued discussions and reviews of site plan revisions trying to get a new building and
pumps to fit on the site without relocating the driveways. During this time, the business
owner lost the ability to sell gasoline to his customers because the reconstruction of
Maryland Avenue left the gas pumps too close to the property line. Due to the loss of retail sales of gasoline and the proposed new construction stalemate, the applicant decided to scale back their proposal from constructing a new building to only relocating their pumps to get the fuel dispensing facilities back in operation.
Relocating the gas pumps does not require a new conditional use permit. Therefore, the conditional use permit approved in May, 2012, does not apply to the current proposal for relocating the gas pumps.
"2. The approval letter of August 24 gives no indication that the site plan was reviewed by Ramsey County and Saint Paul Public Works and if the issues of traffic safety were addressed."
A copy of the site plan is distributed to City staff in various City departments, including Building, Fire, Heritage Preservation, Parks, Planning, Right-of-way, Sewers, Traffic, Water, Water Resources, and Zoning; and other governmental agencies, including District Councils, Ramsey County Public Works, Watershed Districts, and State of Minnesota Transportation Departments.
A meeting is setup for the applicant to explain their project and ask questions from staff. At this meeting staff shares their comments with the applicant and explains any revisions that need to be made to the site plan.
The applicant submitted revised plans (dated August 15, 2012) to address the comments shared at the meeting. The revised site plan met the city requirements, so staff issued an approval letter. The approval letter does not typically list each City department who has no further comments to the revised site plans.
The difference between the site plan denied on July 11 and the site plan approved on August 24 is that a WB-50 truck turning diagram was submitted to show that it is able to enter the property from Maryland Avenue traveling west, refuel the underground tanks with a clear view to the tanker valves and then exit the property on Rice Street traveling south. The plan also shows how vehicle maneuvering on the site is managed more effectively with the revised parking plan.
"3. District 6 Council scheduled a meeting on August 28, 2012 to review the site plan relocating the gas pumps and discuss the project changing from new construction to a building rehabilitation. Neighborhood citizens were informed on August 27, 2012 a site plan had been approved on August 24."
District 6 Council was sent a copy of the revised site plan (dated July 19, 2012) on August 3, 2012. District 6 Council responded with a letter dated August 10, 2012 stating that there were some concerns with the use of the alley, tanker truck delivery and its affects on the customer parking spaces, and fencing around the perimeter and requested additional time for neighbors to review the plan.
When staff reviewed the site plan, the concerns shared by the District Council were taken into consideration.
• The use of the alley was restricted to two employees only paved parking spaces
• Timing of tanker truck deliveries and customer parking spaces were reviewed and taken into account. A minimum of 5 parking spaces are required for this auto convenience market. A total of 8 parking spaces are proposed.
• The existing chain link fence along the alley is being replaced with a new wood fence. A new black wrought iron fence is being proposed to line the perimeter of the site along Maryland Avenue and Rice Street.
Staff must process site plans in a timely manner and when a site plan is found to be consistent with Zoning Code Section 61.402(c), staff approves the plan. Staff found that the revised site plan is consistent with the zoning code in addition to addressing concerns shared by the District Council and therefore approved the site plan.
B. The site plan complies with zoning standards and all other applicable ordinances of the City.
Leg. Code § 61.402(c) Site plan review and approval. In order to approve the site plan, the planning commission shall consider and find that the site plan is consistent with:
(1) The city's adopted comprehensive plan and development or project plans for sub-areas of the city.
(2) Applicable ordinances of the city.
(3) Preservation of unique geologic, geographic or historically significant characteristics of the city and environmentally sensitive areas.
(4) Protection of adjacent and neighboring properties through reasonable provision for such matters as surface water drainage, sound and sight buffers, preservation of views, light and air, and those aspects of design which may have substantial effects on neighboring land uses.
(5) The arrangement of buildings, uses and facilities of the proposed development in order to assure abutting property and/or its occupants will not be unreasonably affected.
(6) Creation of energy-conserving design through landscaping and location, orientation and elevation of structures.
(7) Safety and convenience of both vehicular and pedestrian traffic both within the site and in relation to access streets, including traffic circulation features, the locations and design of entrances and exits and parking areas within the site.
(8) The satisfactory availability and capacity of storm and sanitary sewers, including solutions to any drainage problems in the area of the development.
(9) Sufficient landscaping, fences, walls and parking necessary to meet the above objectives.
(10) Site accessibility in accordance with the provisions of the Americans with Disabilities Act (ADA), including parking spaces, passenger loading zones and accessible routes.
(11) Provision for erosion and sediment control as specified in the Minnesota Pollution Control Agency's "Manual for Protecting Water Quality in Urban Areas."
These requirements are met.
WHEREAS, on October 14, 2012, pursuant to Leg. Code § 61.702 (a), the Cantu's, under PED Zoning File no. 12-116607 <tel:12-116607>, duly filed an appeal from the determination made by the Planning Commission and requested a hearing before the City Council for the purpose of considering the actions taken by the said Commission; and
WHEREAS, on November 7, 2012, pursuant to Leg. Code § 61.702(b) and upon notice to affected parties, a public hearing was duly conducted by the City Council where all interested parties were given an opportunity to be heard; and
WHEREAS, the Council, having heard the statements made, and having considered the application, the report of staff, and all the record, minutes, and recommendations of the Zoning Committee and the Planning Commission's decision; does hereby
RESOLVE, that the Council of the City of Saint Paul pursuant to Leg. Code § 61.704 s hereby affirms the decision of the Planning Commission in this matter based upon appellants failure to demonstrate error in the facts, findings, or procedures of the Planning Commission in this matter; and
BE IT FURTHER RESOLVED, that the appeal of Raymond and Susan Cantu be and is hereby denied and the Council hereby adopts the findings of the Planning Commission as set forth in Planning Commission Resolution no. 12-65 as its own in support of this affirmation of the Commission's determination; and
BE IT FINALLY RESOLVED, that the City Clerk shall immediately mail a copy of this resolution to the appellants Raymond and Susan Cantu, the property owner Bilal Alsadi, the Zoning Administrator and the Planning Commission.