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04-792Council File # ��' � /'� RESOLUTION CITY OF SAINT PAUL, MINNESOTA Presented Referred To Green Sheet # �2�f�2SL/ / Committee Date University of St. Thomas, Macalester Groveland Community Council, Merriam Pazk Community Council, and the Sununit Avenue Residential Preservation Association Mutually Accepted Compromise Agreement 4 WHEREAS, the University of St. Thomas (hereinafter "UST"), in zoning file No.04-054-501, applied for 5 a Conditional Use Permit for the purpose of expanding its campus boundary pursuant to Leg. Code §65.220 for on 6 property located on the rivo blocks bounded by Summit, Cleveland, Grand, and Cretin Aves., Parcel Identification 7 Number(PI1� OS-28-23-41-0004, OS-28-23-41-0014, OS-28-23-41-0016,and OS-28-23-41-0070 thru 0092,and 8 legally described as GROVELAND ADDITION TO ST PAUL, BLOCK 1, W 32 93/100 FT. OF LOT 13 AND EX. 9 W 21 45/100 FT., LOT 14, AND LOTS 24-26; MOSES ZIMMERMAN'S REA1titANGEMENT; SUMMIT 10 WOOD, LOTS 1-30; and 11 WHEREAS, on May 27, 2004, the zoning committee of the planning commission, having provided notice 12 pursuant to Leg. Code § 64300, duly conducted a public hearing on the said application at which all persons present 13 were given an opportunity to be heazd; and 14 WHEREAS, on June 4, 2004, the Saint Paul Piamiing Comtnission, based upon all the evidence presented 15 to its zoning committee at the said public hearing, together with the report of staff, approved UST's CUP 16 application, subject to seven conditions, based upon the findings as set forth Planning Commission Resolution No. 17 04-58 which is adopted and incorporated herein by reference; and 18 WHEREAS, pursuant to the provisions of Leg. Code § 61.702(a), the Merriam Park Community Council 19 (hereinafter, "MPCC"), the Macalester Groveland Community Council (hereinafter, "MGCC") and the Sununit 20 Avenue Residential Preservation Association (hereinafter "SARPA"), each duly filed separate appeals from the 21 Planning Commission's decision to approve the UST's CUP applicatfon and requested a hearing before the Cily 22 Council concerning the CUP approval; and 23 WHEREAS, UST, also pursuant to the provisions of Leg. Code § 61.702(a), duly filed an appeal from the 24 decision of the Planning Commission and requested a hearing before the City Council concerning the conditions 25 imposed by the Planning Commission on UST's CUP approval; and 26 WHEREAS, on July 28, 2004, the City Council, pursuant to Leg. Code § 61.702(b), conducted a public 27 hearing on all of the said appeals where all interested parties were given an opportwuty to be heard; and oy-�g.� 1 WHEREAS, at the close of the July 28, 2004 public hearing, the City Council moved to lay the respecrive 2 matters over to August 4, 2004 for the purpose of allowing the said parties to meet to determine whether the parties 3 could reach a mutually acceptable compromise in this matter; and 4 WHEREAS, on August 4, 2004, the City Council received information that as a result of ineetings between 5 the said parties to these appeals, the parties have crafted mutually acceptable compromise agreements as to their 6 respective appeal points, which both revises and adds conditions to the CUP approved by the City's planning 7 commission on June 4, 2004; and 8 WHEREAS, the City Council, having received the information of the compromise agreement and upon the 9 transmission ofthe terms ofthe said agreements and acting pursuant to its authority granted under Legislative Code 10 § 61.704; DOES HEREBY 11 RESOLVE, to deny all the appeals of UST, MPCC, MGCC and SARPA and to affirxn the Planning 12 Commission's approval of UST's CUP application, as set forth in Planning Commission Resolution No. 04-58, 13 dated June 4, 2004, and to adopt the Planning Commission's resolution as its own by reference hereto, except to 14 the extent modified as noted herein below, such modifications being premised upon the mutual agreements reached 15 between UST, MPCC, MGCC and SARPA and reported to the City Council; AND, 16 BE IT FURTHER RESOLVED, upon the mutual agreements as recommended by UST, MPCC, MGCC 17 and SARPA, that Plaxming Corrunission Resolution No. 04-58 shall have its conditions set forth therein modified 18 to read as follows: 19 1. Campus Boundary. The campus boundary for the University of St. Thomas shall be 20 expanded to include the following properties: 21 East bloc# (bounded by Suminit, Cieveland, Grand and Finn): 2067 and 2085 Grand Ave.; 22 2110 Sutmnit Ave. 23 West block (bounded by Suminit, Finn, Grand, and Cretin): 2123, 2125, 2129, 2139, 2143, 24 2151, 2159, 2163, 2167, 2171, 2175 Grand Ave.; and 2120, 2130, 2134, 2140, 2144, 2150, 25 2154, 2156, 2166, 2170, and 2174 Summit Ave. 26 East of Cleveland Ave. : The four properties located at 2055 Suminit Ave., 2045 Summit 27 Ave., 44 N. Cleveland Ave., and 2057 Portland Ave. 28 Attachmentllistsalloftheaddresses,properryidentificationnumbers(PINs),andlegaldescriptions 29 for these properties. St. Thomas hopes to eventually acquire 2133 Crrand Ave. as well. This 30 properry will automatically be included within the boundary upon purchase. 31 Consistent with the University of St. Thomas Campus Boundary Plan amendment to the Saint Paul 32 Comprehensive Plan Land Use Chapter, adopted on May 3, 1990, the boundazies set forth herein, 33 with the addition of 2055 Summit Ave., 2045 Summit Ave., 44 N. Cleveland Ave., and 2057 34 Portland Ave., ue to be considered as the definitive, long-term campus for the UniversiTy of St. 35 Thomas. Expansion beyond this azea shall be considered contrary to City policy. St. Thomas agrees 36 not to purchase additional_property in the neighborhood within one mile of the carnpus or along the 37 entire length of Summit Avenue, with the exception of a home used as a residence for any future ex- Page 2 of 7 p�l - 79� 1 president or chancellor, and excepting property purchased as part of a purchase/rehabilitation initiative as 2 described in Condition 10. Further, St. Thomas agrees to sell, within 5 years from the date of permit 3 approval, the properties it owns south of Grand Ave., including 2076, 2080, and 2084 Grand Ave. St. 4 Thomas Purther agrees to apply to rezone 2076 Grand Ave. to a residential zoning 5 classification, and sell the three properties with a restrictive covenant that they be used only for owner- 6 occupied, non-student residential uses. If properry is bequeathed to St. Thomas, it shall dispose of the 7 properry and return it to a conforming use within two yeazs. 8 2. Building Heights and Setbacks. Building heights and setbacks within the two-block development 9 azea shall be as follows: 10 11 12 13 14 15 16 17 ]8 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Setbacks Summit Ave. frontage - A 50 ft. setback is established for the west block to match the setback of the existing residential structures, six of which would remain. On the east block, a 100 ft. setback is established for the three story portions of the two 59 ft. tall (to the ridge) academic buildings. One and two-story elements ofthe academic buildings, designedto soften the building height, can extend into the 100 ft. setback and must have a minimum setback of 80 ft. for the two-story portion and 50 ft. for the one-story portion. Cleveland Ave. frontage - For the academic building, a 75 ft. setback to the three-story portion is established, with a minimum setback of 65 ft. Yo the two-story portion and 25 ft. to the one-story portion that would extend into the 75 ft. setback area. For the residential building located at the Cleveland and Grand corner, a 25 fr. setback from Cleveland is established. Grand Ave. frontage - A 25 foot setback from Grand is established for the Cleveland/Grand residential building at the corner. A 25 ft. setback is established for all of the other residential buildings along Crrand Ave. in both the east and west block. This matches the existing setback of the residence at 2133 Grand Ave. and the two apartment buildings at 2171-2175 Grand Ave. that would remain under the proposed development pian_ Cretin Ave. frontage - The buildings along this frontage, the 2175 Grand apartment and 2174 Summit Ave. house, aze proposed to remain. The existing setbacks should be maintained. If the apartment building at 2175 Grand is replaced by a newly constructed building, a 25 ft. setback from Cretin Ave. shall be required. Finn St. frontage - A 25 ft. setback is established for the new building on the west side, and a 30 ft. setback for the academic building on the east side. Building Heights The ma�cimum height for the academic buildings shall not exceed 59 ft. to the ridgeline at the top of the buildings. The maacimum height of the residen�ial buildings, including the child development center/apartment building, shall not exceed 40 ft. to the top of the buildings. These heights shall be considered an absolute maximum, including all mechanical equipment. 3. Size of Academic Buildings and Prohibition on Auditorium Uses. A maximum of two academic buildings may be built on the east block. The size of the first academic building shall not exceed 75,000 sq. ft. in size. The size of the second academic building shall not exceed 65,000 sq. ft. in size. No auditorium, performance hall, or athletic facility with the capacity ofmore than 250 persons shall be constructed on the east or west blocks. Page 3 of 7 0�l�'19 � 1 4. EAW Mifigation Measures. St. Thomas shall be required to implement the following mitigarion measures 2 as recommended in the Revised EAW, dated October 13, 2003 (pp. 84-85): 3 • Retain residences at 2120, 2130, 2170, and 2174 Summit Avenue and two more Summit 4 Avenue houses to be designated. The apartment buildings at 2171 and 2175 Grand may be 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 41 42 43 44 45 46 47 48 49 retained or removed. • Enroll in the Voluntary Petroleum Investigation Cleanup Program (VPIC) with the Minnesota Pollurion Control Agency for the clean up of soil contamination related to the gas station and other LUSTs (leaking underground storage tanks). • Complete soil boring investigations in construction azeas prior to excavation activities. • Conduct a demolition survey of each building to be removed from the site prior to demolition. • CoordinatewiththeHeritagePreservationCommission(HPC)regardingthehistoricdistrict design guidelines and design the new buildings in keeping with the character of the historic district. Apply for the appropriate permits from the HPC. • Cooperate in preparation of an appropriate environmental review (e.g., EAV� for the future student center or other developments proposed within the historic district. • Review any changes to the two-block development project or future phased actions (developments elsewhere on campus analyzed in the EAW) with the City to determine if changes result in different environmental impacts (the City will determine the appropriate level of analysis required to evaluate such changes). • Provide emergency vehicle access on the west block via the mid-block sidewalks. • Obtain necessary City permits and 'unplement the Pedestrian Management Plan for the Summit Avenue Parkway between Cretin and Cleveland by the completion of Stage 1 ofthe two-block development project. • Provide the City with the funding to complete the traffic signal adjustments required as mitigation for the two-block development project as recommended in the EAW. • Report to the City on the status of the seazch for remote parking and establishment of shuttle buses to supplement on-campus parking. • Move the bus stop on Summit to the east to minimize conflicts with buses and pedestrians using the crosswalks. • Further modify parking fees to masimize the use of on-campus parking areas (such as the Monison Hall ramp). • Prepare a storm water management plan that complies with the CiTy discharge rate restrictions. • Control construction and demolition dust via watering, street sweeping, rock entrance, and other Best Management Practices. • Provide temporary barriers around the portions of the site under construction for safety. • Provide information as needed to assist the City in better managing on-street parking restrictions around the St. Paul campus. • Conduct a student transportation survey to determine student parking and bransportation needs and develop a parking and transportation plan for St. Thomas. (The survey should be conducted when classes are in session. Postcard surveys orrandom student interviews could be conducted. Focus groups could also be held.) • Control student housing through the Campus Living Office and enforce the City's noise ordinance. • Install a bus shelter (suggested by Metro Transit) on westbound Summit at the Metro Transit layover area, if approved by the HPC, and coordinate with Meffo Transit and ACTC (Associated Colleges ofthe Twin Cities) to determine if other improvement to bus service can be made. Page 4 of 7 p�(-79 �. 2 3 4 5 6 7 9 10 Ii 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 5. 2133 Grand Ave. (residential property not owned by St. Thomas). All campus buildings developed adjacent to this properry must be set back a minimum of 50 feet from the west side property line and 2S ft. from the east side properry line. Alley access to the property must be maintained. St. Thomas shall work with the owner of 2133 Grand to develop appropriate means of mitigating the impact of increased student residents and a child development center adjacent to the property, and shall consider measures such as: fencing, special landscaping, or other screening; lighting that does not spill over the properry line; window placement that enhances privacy; design and placement of child caze drop-off and pick-up areas to minimize the potential for blocking alley access; and education of neazby student tenants to respect the property and privacy of the residents of 2133 Grand. The appropriate mitigation measures that wilT be required by the City will be determined during the site plan review process. These requirements shall no longer be in effect if 2133 Grand is subsequently purchased hy St. Thomas and the property automatically inciuded in the campus boundary. 6. Enrollment Growth Increases. St. Thomas agrees that total enrollment at the Saint Paul campus shall not exceed 8,750 students, including full-time, part-time, and audit students. Upon such time enrollment exceeds 8,000 students, St. Thomas shall report to the Planning Commission for additional review and conditions. The review shall consist of analyzing the impact of the additional enrollment on areas such as parking, traffic, student housing, and other related impacts on the surrounding residential area. St. Thomas shail propose a plan to mitigate negative impacts resulting from the additional enrollment, and the Planning Commission may impose additional conditions on this permit to address those impacts. Any additional conditions imposed by the Planning Commission may be appealed to the City Council. 7. NumberofResidentialBeds. Thetotalnumberofresidentialbedsontheeastandwestblocksshall not exceed 450, unless 2133 Grand Ave. is acquired, in which case the total shall not exceed 475 beds. In no event shall there be more than 100 beds in residences on Suuunit Avenue. Those persons living on the east and west blocks shall include a mix of undergraduate juniors and seniors and graduate students, with resident advisors, facuity and staff. 8. West Block Development. No new academic buildings shall be constructed on the west block. New construction shall be for residential uses only. St. Thomas shall agree to preserve six of the existing single-family houses on the Summit Ave. frontage not including the gazages. Any residential structures built to replace any single-family homes which are moved or demolished shall be designed to look like single-family ar"mansion" style homes of diverse designs, such that the Snmmit Ave. side ofthe west block shall always appear to be a single-family residential block. For demolition and conshuctionwork within the hisCoric district, 5t. Thomas shall follow the established review procedures of the Heritage Preservation Commission. 9. Finn St. For a period of no less than 30 years from the date of permit approval, St. Thomas agrees not to petition to close Finn St. between Smmnit and Grand Aves. and that Finn St. in this block shall remain a public street open to two-way traffic. 10. CommunityDevelopment Corp. St. Thomas shall capitalize a CDC or establish a similar initiative whose purpose would be to purchase, rehabilitate, and se11 to non-student owner-occupants an average of at least 2.5 houses per year within the boundaries of the Merriam Park and Macalester- Crroveland neighborhoods. The average will be calculated over a twelve year time period, so that 30 houses will be done over the 12 years. For properties sold through this effort, restrictive covenants shall be added at time of sale to require use of the properties for non-student, owner- occupied residential uses only. Page 5 of 7 oy-�9�, 2 , � 4 ? 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2'7 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 11. University/Community Advisory Council. St. Thomas agrees to participate, at the levet of senior management and the board of trustees, in an advisory council charged with resolving university/community problems, and providing a channel for communications on campus master pianning and development, and to enhance university/community relations. The composition ofthe advisory council would include representatives of the St. Thomas board of trustees, senior management and students, and neighborhood representatives from the Merriam Pazk Community Council and the Macalester Groveland Community Council, the Summit Ave. Residential Preservarion Association, and Neighbors United. The scope of the advisory council's work would include all issues affecting local residents, including but not limited to: the creation and management of a CDC or similaz initiative to purchase and rehabilitate housing in the neighborhood; pazking; St. Thomas construction impacts, includingthe building ofparking lots, athletic fields; student housing (both on and off- campus); and neighborhood quality of life issues such as the impact of student party houses. This group would meet at least quarterly and report to the St. Paul Planning Commission and the St. Paul City Council. 12. Parking Issues. St. Thomas agrees to explore and implement policies, such as reducing pazking permit fees, that will increase the use of its on-campus pazking spaces on evenings and weekends for the 2004-2005 school year. St. Thomas also agrees to explore ways to further increase use of on-campus pazking and use of bus passes for all students in the 2005-2006 school yeaz and succeeding years. 13. Parking Ramps. Parking for the east and west blocks shall be developed as proposed by St. Thomas, with a maximum of 590 spaces constructed in underground parking ramps on both blocks, and with access from Finn St. A small number of surface pazking- spaces, for uses such as drop- off/pick-up, or loading shall be permitted. If St. Thomas is unable to develop 590 total spaces on the two block development site, because of site and design constraints, such as those related to retaining six ofthe existing houses on Summit, then the balance of the spaces may be developed on the south campus. 14, Student Addresses. St. Thomas agrees to require all enrolled students to declaze a bonafide locai address, as a condition ofregistration, and will improve its computertracking of student housing data to assist in enforcement of local City rental occupancy ordinances. I 5. Community Contribution. St. Thomas agrees to commit a total of $30,000 annually for use by the Merriam Park and Macalester Groveland Community Councils and the newly-established University/Community Advisory Council. The university would have discretion to award $10,000 peryeaztoeachcommuniTycouncil. TheUniversitylCommunityAdvisoryCouncilshallbeawarded $10,000 per year to be used at its discretion to address neighborhood issues related to the presence of the campus. 16. Goodrich Ave. Access. At such time as the University remodels or replaces the Binz Refectory or replaces Grace Hall, the loading drive which currently exists between Goodrich Ave. and the Binz Refectory shall be removed, such that there shall be no vehicular access from Goodrich Ave. to any ofthe University's buildings on the south campus. WI3EREAS, the compromise agreement also included an agreement by SARPA to drop its pending lawsuit against the City regarding an environmental assessment worksheet prepared for the UST expansion along with a further agreement that SARPA and its existing boazd members would not appeal to City Council or sue the City in the future regarding any approvals by the City's Heritage Preservation Commission for the removal of the five houses UST owns on SLUmnit Avenue and for the construction of new residential structures under the campus expansion that are consistent with the conditions of the permit; AND Page 6 of 7 oy-79�. 1 BE IT FURTAER RESOLVED, that the clerk shall mail a copy of this resolution to UST, MGCC, MPCC, 2 SARPA, the zoning and plauning adininistrators and the plauning commission. Requested by Department of: Sy: Form Approved by City Attorney � Approved by Mayor for SuUmission to Council L'�3� I �� � Adopted by Council: Date /7i �ii t// �p�l� Adoption Certified by Council SecreGVy o�f-792 � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � Departrne�rt/offieelcouncil: DaEe Initiated: co � „-�� Green Sheet NO: 205207 CorMact Person & Phone: DeoarimerK faent To Pe�son Ini6aVDate Cauici�memberBenanav � 0 omn7 � Assign 1 o De ent Directar Must Be w� Co�mcil Agenda bY lDabel: Number 2 Cledc 'I&AUG-04 � Routi�9 3 OMer 4 5 Total # W Signature Pages, (Clip AII Loptio� for SignaWre) AcNen Requested: Approving U of St. T'homas, Macalester Groveland Community Council, Merriam Pazk Community Council, and Summit Avenue Residential Preservation Association Compromise Agreement. RewmmendaUons: Approve (A) w Reject (R): Personal3ervice CoMracts Must A�wer the Following Questiore: Planning Commission 1_ Has this persoNfirm ever worked under a coMrad for this department7 CIB CommRtee Yes No Civil Service Commission 2. Has this person/firtn ever been a ciry employee? Yes No 3. Does tliis person/firtn possess a skill not normaly possessed by any curreM ciry employee? Yes No Explain all yes answers on sepante sheet and attach to green sheet Initiatlng Problem, Issues, Opportunity ryVho, What, When, Where, Why): AdvarKages IF Approved: DisadvaMages N Approved: DisadvaMag� If Not Approved: Total AmouM of �y�� Budgeted: Trensaction: Fumii� Source: ActivNy Number. Pinanciai IMortnation: (6qrlain) DEPARTMENT OF PLANNING & ECONOMIC DEVELOPMENT Mmth¢ G Fu11er, Direc[or CITY OF SAINT PAUL Randy C Kelly, Mayor July 13, 2004 Ms. Mary Erickson City Council Research Office Room 310 City Hall Saint Paul, Minnesota 55102 Dear Ms. Erickson: 2� West Fourth Sbeet Saint Paul, MA� Si 102 � O�f -�79� Telephone 65l-266-6700 Facsimde. 6�I-?28-322Q I would like to confirm that a public hearing before the City Council is scheduled for Wednesday, July 28, 2004, for the following zoning case. Zoning File Number: Appellant: Address Purpose: Previous Action: 04-110-366 Merriam Park Community Council Two bfocks bounded by Summit, Cleveland, Grand, and Cretin Avenues. Appeal of a Planning Commission decision approving a Conditional Use Permit for expansion of the University of St. Thomas campus boundary. Zoning Committee Recommendation: Approval with conditions, 7- 0, May 27, 2004 Pianning Commissio� Decision: Approval with conditions, 15-3 (Fotsch, Coletta, McCall) , June 4, 2004 I have confirmed this day with Councilmember Benanav's office. My understanding is that this public hearing request wili appear on the agenda for the July 21, 2004, City Council meeting and that you will publish notice of the hearing in the Saint Paul Legal Ledger. Please call me at 266-6556 if you have any questions. Sincerely, �°rw���� Donna Drummond City Planner cc: File #: 04-110-366 Appellant: Merriam Park Community Council Paul Dubruiel Wendy Lane Carol Martineau Allan Torstenson � NO�TCE OF PUBLIC HEARII�TG The Saint Panl-City Council witl con- duct a public hearing on Wednesday, July 28, 2004, at 5:30 p.m. in the GSty Council Chxmbers, Tlvrd Floor, City T�Iall, to con- sider the appeal of the Merriam Park Com- munity Cotincil to a decision of the Plan- ni�a Commisffion appmving a-(:onditional Use Permitfor espazLSion of the Unfvezsity of St. Thomas campus bonndary in the two blocks bounded by Summit, Cleveland, Grand, and Cretin Avenues. Dated: July 13, 2004 MARY ERICI{SON, Assistanf CYty Council Secretary (July 15) ST. PAUL IaGAL78DC�R 22083242 L W maoda�Zonmg�Pcdoos\CCdocs\04110366�u12S-04ccEncksonmeYAeYatlPf&FjfA Employer DEPARTMENT OF PLANNING & ECONOMIC DEVELOPMEiJT Martha G. Fuller, Director CITY OF SA1NT PAUL Randy C. Kelly, .'vlayor July 13, 20�4 Ms. Mary Erickson City Council Research Office Room 310 City Hall Saint Paul, Minnesota 55102 Dear Ms. Erickson: 2J West Fourth Sbeet Sain1 Paul. MN 55(02 7=1 a��=7�a Telephone. 65l-266-6700 Facs�mi(e: 651-22&3220 I would like to confirm that a public hearing before the City Council is scheduled for Wednesday, July 28, 2004, for the following zoning case. Zoning Fi{e Number: Appellant: Address: Purpose: Previous Action: 04-110-542 Summit Ave. Residential Preservation Association (SARPA) Two blocks bounded by Summit, Cleveland, Grand, and Cretin Avenues. Appeal of a Planning Commission decision approving a Conditional Use Permit for expansion of the University of St. Thomas campus boundary. Zoning Committee Recommendation: Approval with conditions, 7- 0, May 27, 2004 Planning Commission Decision: Approval with conditions, 15-3 (Fotsch, Coletta, McCall) , June 4, 2004 I have confirmed this day with Councilmember Benanav's office. My understanding is that this public hearing request will appear on the agenda for the July 21, 2004, City Council meeting and that you wilf publish notice of the hearing in the Saint Paul Legal Ledger. Please call me at 266-6556 if you have any questions. Sincerely, ���. V � Donna Drummond City Planner cc: File #: 04-110-542 Appellant: Summit Ave. Residential Preservation Assoc. Paul Dubruiel Wendy Lane Carol Martineau Allan Torstenson � NOTICE OF PUBIdC HEARING The Saint Paul City Council will con- duct a publie hearing on V�TednesdaY 3u�Y 28, 2004, at 5:30 p.m- ia the GSty Council Chambers, Tlurd Floor City HaII, to con- sider the appeal of the Summit Avenue Residential Preservation Association (SAR.PA) to a decision of the Planning Commission appmving a Conditional Use permit for expansion of the University of St. Thomas campus boundu'}' in the two blocks lwunded by Summit, Clevelaad, Grand, and Cretia Avenues. Dated: Jvly 13, 2004 MARY ERICKSON, Assistant City C�� 51 etazY SL PAUL LEGAL LSDGER 220H3241 _ L W manda�Zovmg�Pcdocs�CCdocs\04-] 10-542�u128-04ccEricksonma�felV�BFS�p Employer DEPARTMENT OF PLANNING & ECONOM[C DEVELAPMENT Mmtha G. Fuller, Director CITY OF SAINT PAUL Randy C. Kelly, Mayor July 13, 2004 Ms. Mary Erickson City Council Research Office Room 310 City Hail Saint Paul, Minnesota 55102 Dear Ms. Erickson: 2� West Fourth Sbeet Saint Paul, MN 55102 � ��-�7qa Telephone 6.i1-266-6%00 Facsimde: 651-228-3220 I would like to confirm that a public hearing befo�e the City Council is scheduled for Wednesday, July 28, 2004, for the following zoning case. Zoning File Number: Appel lant: Address: Purpose: Previous Action: 04-110-613 University of St. Thomas Two blocks bounded by Summit, Cleveland, Grand, and Cretin Aves. Appeal of a Planning Commission decision approving a Conditional Use Permit for expansion of the University of St. Thomas campus boundary. Zoning Committee Recommendation: Approval with conditions, 7- 0, May 27, 2004 Planning Commission Decision: Approval with conditions, 15-3 (Fotsch, Coletta, McCall) , June 4, 2004 1 have confirmed this day with Councilmember Benanav's office. My understanding is that this public hearing request will appear on the agenda for the July 21, 2004, City Council meeting and that you will publish notice of the hearing in the Saint Paul Legal Ledger. Please call me at 266-6556 if you have any questions. Sincerely, �� Donna Drummond City Planner cc: File #: 04-110-613 Appellant: University of St. Thomas Paul Dubruiel Wendy Lane Carol Martineau Allan Torstenson NOTICE OF POBISC HEARII�iG The Saint Papl GYty Council will con- duct a public hearing oa Wednesday, July 2S, 2004, at 5:30 p.m. in the G�ty Council Chambers, Tlurd .Floor, City I3all, to'con- . sider the appeal of the University of St. Thomas to a decision of the Planning Commission approving a Condi7�ona1 Use Permit for expansion uf the University of SG Thomas campus boundary in the two bloeks bounded by Summit, Cleveland, Grand, and Cretin Avenues. Dated: Julg 13, 2004 MARY ERICKSON, Assistant City Covncil Secretary (July 15) 5C PADL IE6AL iEDC�R 22083240 L Wmanda�Zon�nglPcdocs\CCdoos\04-110-613ju12S-04ocEncMoomelgelbRt��,(d Employe� DEPAR'I'MENT OF PLANNING & ECONOMIC DEVELOPMENT Martha G. Fuller. Director � - 7 �ia. CITY OF SAINT PAUL Randy C Ke11y, Mayar July 13, 2004 Ms. Mary Erickson City Council Research Office Room 310 City Hall Saint Paul, Minnesota 55102 Dear Ms. Erickso�: 25 West Fourth Street Saint Paul, MN »102 Telephone: 657-266-6 i00 F¢csimile: 651-2?8-3220 I would like to confirm that a public hearing before the City Council is scheduled for Wednesday, July 28, 2004, for the following zoning case. Zoning File Number: Appellant Address: Purpose: Previous Action: 04-110-655 Macalester Groveland Community Council Two blocks bounded by Summit, Cleveland, Grand, and Cretin Avenues. Appeal of a Planning Commission decision approving a Conditional Use Permit for expansion of the University of St. Thomas campus boundary. Zoning Committee Recommendation: Approval with conditions, 7- 0, May 27, 2004 Planning Commission Decision: Approval with conditions, 15-3 (Fotsch, Coletta, McCall) , June 4, 2004 i have confirmed this day with Councilmember Benanav's office. My understanding is that this public hearing request will appear on the agenda for the July 21, 2004, City Council meeting and that you will publish notice of the hearing in the Saint Paul Legal Ledger. Please call me at 266-6556 if you have any questions. Sincerely, ��rv,c V /VwvvrC-cr ..vaaa:� UF PUBLIC HEARIIHG Donna Drummond City Planner cc: File # 04-110-655 Appellant: Macalester Groveland Community Council Paul Dubruiel Wendy Lane Carol Martineau Allan Torstenson The Saint Paul City Council will con- duct a public hearing on Wednesday, Jiily 28, 2004, at 5:30 p.m. in the City Council Chambers, Third F7oor, City Hall, to con- sider the appeal of the Macaleater Gmv- eland Community Couneil to a decision of the Pl n n'na Commission approving a Conditional Use Permit f`or espansion. of the Univexsity of St. Thomas campus boundary ia the Lwo block.s bounded by S�mit, Cleve]and, Grand, and Cretin Av- enu�. Dated: July 13, 2004 MARY ERiCIiSON, Assistant City Council Secretary (Jvly 15) 51: PADL LSGAL• °••••°e a2ossaas L �Amanda�Zoning�Pedoes\CCdocs\04110-655�u12&04ccFiieksovmd�eYaHSa.�}fd FJnpioyer � LARRY D. STARNS 1950 Summit Avenue • St. Pau1,MN 55105 • 651.698. 7291 1. d. stams@worldnet. att. net July 28, 2004 Honorable Jay Benanav, Councilman City Council CiTy of Saint Paul Room 310-C 15 West Kellogg Boulevard Saint Paul, Minnesota 55102 Re: Appeal of Historic Preservation Commission (HPC) Decision regarding Demolition of the University of St. Thomas' (US� Christ Child School Building located at Summit and Cleveland Avenues, St. Paul. Deaz Councilman Benanau: My name is Larry Stams and I reside at 1950 Summit Avenue in Saint Paul. Due to a scheduling conflict, I am unable to attend the City Council hearing on the appeal of the HPC decision to raze the UST-owned Christ Child building this evening. I would like you to consider my comments before you make your decision and I ask you to enter them into the record. I have lived on Summit Avenue for approximately 15 years and have been involved with the UST Proposed Expansion Project for approximately five yeazs. I am also a past-President of the Summit Avenue Residential Preservation Associafion. In all of my years residing in this neighborhood, I have never encountered such a grave threat to my qualiTy of life and that of my family and friends as is posed by the expansion of UST. This Proposal will entail the demolition of two entire blocks of Summit and Grand Avenues. The magnitude of this demolition within a residential community and within an historic preservarion district is unprecedented in St. Paul as faz as I can recall and it certainly causes one to pause and think about the legacy it will leave. Why do I speak of the Proposed UST Expansion Project in the context of this Appeal? Because this is the first step toward the demolition of other properties not yet approved for demolition, though it will clearly be the first in a string of dominoes to fall. To approve this partial demolition in a vacuum would be to circumnavigate around the real issue involved with this property: the lazger Proposed Project. It is the easiest of the properties for which to receive approval and, like blockbusting, is a very effective tool to accomplish the object of conquering the lazger target: the balance of the two blocks involved. There is nothing pretty about what it going on and the City should not be a party to this blatant tacric to destroy our neighborhood. Hon. Jay Benanav July 28, 2004 Page 2 What appears to be occurring is the tactic of incrementalism whereby the true, lazger picture is never revealed. By taking small, less visible steps the overall objective can be achieved as effectively (in this case surely more effectively) as if the whole Project were implemented. This is disingenuous and belies the very process used to evaluate the unpact of the lazger Froject. Don't be suckered into this tactic! Show some leadership and force the real, larger issue into the discussion at a point where it can be honestly and thoroughly evaluated with proper public participation. I personally see a very bitter irony in this decision by HPC given that they were involved with the designation of this property and its context as an historic district I ask you: where is the integrity of the CiTy when such hypocrisy occurs? While I think this is particularly problematic conceming such a unique and vital resource for the City as is represented by Summit Avenue, I nevertheless think it a very significant, negative precedent for other properties in St. Paul. I ask you: whose property is safe if City policy can be so easily reversed? I haue watched as UST has very rapidly expanded. To date, this inoludes the downtown Minneapolis Campus, the St. Paul Seminary, a campus in Mankato, a retreat center in Owatonna, and a residential property in Rome, Italy. Now, UST is overtaking our neighborhood. I have endwed five yeazs of maneuvering around the most direct course of evaluating the environmental issues and including the input of those concerned: the preparation of an EIS. Why, when such a process will only take at most two yeazs, does UST spend five years avoiding it? The answer seems cleaz: it is a tactic to avoid the proper analysis of the issues of most concem and which demarcate the true effects of such institutional expansion; namely, the socio-economic impacts. It is also a tactic to avoid looking at what alternatives aze available to UST that might have less negative impact on oux neighborhood. I ask you: with a Froject of this magnitude with the obvious likely negative impacts on the neighbors, why is there any question about the appropriateness of an EIS? I understand that SARPA has asked the Ramsey County District Court to rule on the legality of approving the UST Expansion without an EIS. It is premature for the Council to rule on whether UST can demolish part of the involved properties unril the Court renders its judgment. To do so, in my mind, would also leave the appeazance of complicity in UST's Project and tactics. Please withhold ruling until the Court has provided its expertise into the analysis. Hon. Jay Benanav July 28, 2004 Page 3 Thank you for considering my comments. Very tntly yours, Larry Starns cc: Hon. Randy Kelly, Major of Saint Paul Saint Paul CiTy Council Members �"" o�-��a � �y L'd���'L �/�/o� University of St. Thomas Conditional Use Permit Councilmember Benanav's Compromise Proposal - Aug. 4, 2004 The wording below represents the agreement among the University of St. Thomas, the Merriam Park Community Council, the Macalester-Groveland Community Council, and the Summit Avenue Residential Preservation Association. It is proposed as the decision component of the City Council's final resolution on the St. Thomas conditional use permit appeals, which has not yet been written. When the complete final Council resotution is drafted, including alf of the "whereas" clauses reciting procedural steps and required findings, the language below will be incorporated as the Council's decision on the zoning appeals and will replace the Planning Commission's action. NOW, THEREFORE, BE IT RESOLVED, by the Saint Paul City Council, under the authority of the City's Legislative Code, that the application of the University of St. Thomas for a Conditional Use Permit to expand its campus boundary is hereby approved subject to the following conditions: Campus Boundary. The campus boundary for the University of St. Thomas shall be expanded to include the following properties: East block (bounded by Summit, Cleveland, Grand and Finn): 2067 and 2085 Grand Ave.: 2110 Summit Ave. West block (bounded by Summit, Finn, Grand, and Cretin): 2123, 2125, 2129, 2139, 2143, 2151, 2159, 2163, 2167, 2171, 2175 Grand Ave.; and 2120, 2130, 2134, 2140, 2144, 2150, 2154, 2156, 2166, 2170, and 2174 Summit Ave. East of Cleveland Ave. : The four properties located at 2055 Summit Ave., 2045 Summit Ave., 44 N. Cleveland Ave., and 2057 Portland Ave. Attachment 1 lists all of the addresses, property identification numbers (P1Ns), and legal descriptions for these properties. St. Thomas hopes to eventually acquire 2133 Grand Ave. as well. This property will automatically be included within the boundary upon purchase. The maps labeled Attachments 4 and 5 illustrate the properties to be included within the campus boundary. Consistent with the University of St. Thomas Campus Boundary Plan amendment to the Saint Paul Comprehensive Plan Land Use Chapter, adopted on May 3, 1990, the boundaries set forth herein, with the addition of 2055 Summit Ave., 2045 Summit Ave., 44 N. Cleveland Ave., and 2057 Portland Ave., are to be considered as the definitive, long-term campus for the University of St. Thomas. Expansio� beyond this area shall 0�-7 9a, be considered contrary to City policy. St. Thomas agrees not to purchase additional property in the neighborhood within one mile of the campus or along the entire length of Summit Avenue, with the exception of a home used as a residence for any future ex- president or chancellor, and excepting property purchased as part of a purchase/rehabilitation initiative as described in Condition 10. Further, St. Thomas agrees to seil, within 5 years from the date of permit approval, the properties it owns sauth of Grand Ave., inciuding 2076, 2080, and 2084 Grand Ave. St. Thomas further agrees to apply to rezone 2076 Grand Ave. to a residential zoning ciassification, and sell the three properties with a restrictive covenant that they be used only for owner- occupied, non-student residential uses. If property is bequeathed to St. Thomas, it shall dispose of the property and return it to a conforming use within two years. 2. Building Heights and Setbacks. Building heights and setbacks within the two-block development area shall be as foilows: Setbacks Summit Ave. frontage - A 50 ft. setback is established for the west block to match the setback of the existing residential structures, six of which would remain. On the east block, a 100 ft. setback is established for the three story portions of the two 59 ft. tail (to the ridge) academic buildings. One and two-story elements of the academic buildings, designed to soften the buiiding height, can extend into the 100 ft. setback and must have a minimum setback of 80 ft. for the two-story portion and 50 ft. for the one-story portion. Cleveland Ave. frontage - For the academic building, a 75 ft. setback to the three-story portion is established, with a minimum setback of 65 ft. to the two-story portion and 25 ft. to the one-story portion that would extend into the 75 ft. setback area. For the residential buiiding focated at the Cfeve{and and Grand corner, a 25 ft. setback from Cieveland is established. Grand Ave. frontage - A 25 foot setback from Grand is established for the Cleveland/Grand residential building at the corner. A 25 ft. setback is established for all of the other residential buildings along Grand Ave. in both the east and west block. This matches the existing setback of the residence at 2133 Grand Ave. and the two apartment buildings at 2171-2175 Grand Ave. that would remain under the proposed development plan. Cretin Ave. frontage - The buildings along this frontage, the 2175 Grand apartment and 2174 Summit Ave. house, are proposed to remain. The existing setbacks shouid be maintained. If the apartment building at 2175 Grand is replaced by a newly constructed building, a 25 ft. setback from Cretin Ave. shall be required. Finn St. frontage - A 25 ft. setback is established for the new buiiding on the west side, and a 30 ft. setback for the academic building on the east side. Building Heights The maximum height for the academic buildings shall not exceed 59 ft. to the ridgeline at the top of the buildings. The maximum height of the residential buildings, including the child development center/apartment building, shali not exceed 40 ft. to the top of the buildings. These heights shall be considered an absolute maximum, including all mechanical equipment. �► �, o� �� � 3. Size of Academic Buildings and Prohibition on Auditorium Uses. A maximum of two academic buiidings may be built on the east block. The size of the first academic building shall not exceed 75,000 sq. ft. in size. The size of the second academic building shall not exceed 65,000 sq. ft. in size. No auditorium, performance hall, or athletic facility with the capacity of more than 250 persons shall be constructed on the east or west blocks. 4. EAW Mitigation Measures. St. Thomas shall be required to implement the following mitigation measures as recommended in the Revised EAW, dated October 13, 2003 �PP. 84-85): • Retain residences at 2120, 2130, 2170, and 2174 Summit Avenue and two more Summit Avenue houses to be designated. The apartment buildings at 2171 and 2175 Grand may be retained or removed. • Enroll in the Voluntary Petroleum investigation Cleanup Program (VPIC) with the Minnesota Pollution Control Agency for the clean up of soil contamination related to the gas station and other LUSTs (leaking underground storage tanks). • Complete soil boring investigations in construction areas prior to excavation activities. • Conduct a demolition survey of each building to be removed from the site prior to demolition. • Coordinate with the Heritage Preservation Commission (HPC) regarding the historic district design guidelines and design the new buildings in keeping with the character of the historic district. Apply for the appropriate permits from the HPC. • Cooperate in preparation of an appropriate environmental review (e.g., EAW) for the future student center or other developments proposed within the historic district. • Review any changes to the two-block development project or future phased actions (developments elsewhere on campus analyzed in the EAV� with the City to determine if changes result in different environmental impacts (the City will determine the appropriate level of analysis required to evaluate such changes). • Provide emergency vehicie access on the west block via the mid-block sidewalks. - Obtain necessary City permits and implement the Pedestrian Management Plan for the Summit Avenue Parkway between Cretin and Cleveland by the completion of Stage 1 of the two-block development project. • Provide the City with the funding to complete the traffic signal adjustments required as mitigation for the two-block development project as recommended in the EAW. • Report to the City on the status of the search for remote parking and establishment of shuttle buses to supplement on-campus parking. • Move the bus stop on Summit to the east to minimize conflicts with buses and pedestrians using the crosswalks. • Further modify parking fees to maximize the use of on-campus parking areas (such as the Morrison Hall ramp). • Prepare a stormwater management plan that complies with the City discharge rate restrictions. • Control construction and demolition dust via watering, street sweeping, rock entrance, and other Best Management Practices. • Provide temporary barriers around the portions of the site under construction for safety. • Provide information as needed to assist the City in better managing on-street o�-7ga parking restrictions around the St. Paul campus. Conduct a student transportation survey to determine student parking and transportation needs and develop a parking and transportation plan for St. Thomas. (The survey should be conducted when classes are in session. Postcard surveys or random student interviews could be conducted. Focus groups could also be held.) Control student housing through the Campus Living Office and enforce the City's noise ordinance. Install a bus shelter (suggested by Metro Transit) on westbound Summit at the Mefro Transit {ayover area, if approved by the HPC, and coordinate with Metro TsansiY and ACTC (Associated Colieges of the Twin Cities) to determine if other improvements to bus service can be made. 5. 2133 Grand Ave. (residential property not owned by St. Thomas). All campus buildings developed adjacent to this property must be set back a minimum of 50 feet from the west side property line and 25 ft. from the east side property line. Alley access to the property must be maintained. St. Thomas shall work with the owner of 2133 Grand to develop appropriate means of mitigating the impact of increased student residertts and a child development center adjacent to the property, and shali consider measures such as: fencing, special landscaping, or other screening; lighting that does not spill over the property line; window placement that enhances privacy; design and piacement of child care drop-off and pick-up areas to minimize the potential for blocking aliey access; and education of nearby student tenants to respect the property and privacy of the residents of 2133 Grand. The appropriate mitigation measures that will be required by the City wili be deteemined during the site plan review process. These requirements shall no longer be in effect if 2133 Grand is subsequently purchased by St. Thomas and the property automaticaliy included in the campus boundary. 6. Enrollment Growth Increases. St. Thomas agrees that total enroliment at the Saint Paul campus shali not exceed 8,750 students, including full-time, part-time, and audit students. Upon such time enrollment exceeds 8,000 students, St. Thomas shail report to the Pianning Commission for additional review and conditions. The review shali consist of analyzing the impact of the additional enrollment on areas such as parking, traffic, student housing, and other related impacts on the surrounding residentiai area. St. Thomas shail propose a plan to mitigate negative impacts resulting from the additional enrollment, and the Planning Commission may impose additional conditions on this permit to address those impacts. Any additional conditions imposed by the Planning Commission may be appealed to the City Council. 7. Number of Residential Beds. The total number of residential beds on the east and west blocks shall not exceed 450, unless 2133 Grand Ave. is acquired, in which case the total shall not exceed 475 beds. In no event shall there be more than 100 beds in residences on Summit Avenue. Those persons living on the east and west blocks shall include a mix of undergraduate juniors and seniors and graduate students, with resident advisors, faculty and staff. 8. West Btock Development. No new academic buildings shall be constructed on the west block. New construction shali be for residential uses only. St. Thomas shall agree � � � o���a is unable to develop 590 totai spaces on the two biock development site, because of site and design constraints, such as those related to retaining six of the exisiing houses on Summit, then the baiance of the spaces may be developed on the south campus. 14. Student Addresses. St. Thomas agrees to require all enrolled students to declare a bonafide locai address, as a condition of registration, and will improve its computer tracking of student housing data to assist in enforcement of locai City rental occupancy ordinances. 15. Community Contribution. St. Thomas agrees to commit a total of $30,000 annually for use by the Merriam Park and Macalester Groveland Community Councils and the newly-established University/Community Advisory Council. The university would have discretion to award $10,000 per year to each community council. The University/Community Advisory Council shall be awarded S10,000 per year to be used at its discretion to address neighborhood issues related to the presence of the campus. 16. Goodrich Ave. Access. At such time as the University remodels or replaces the Binz Refectory or replaces Grace Hali, the loading drive which currz�tly exists between Goodrich Ave. and the Binz Refectory shall be removed, such that there shall be no vehicular access from Goodrich Ave. to any of the University's buildings on the south campus. In addition to establishing a new conditional use permit as described in the preceding points, the City and the Summit Avenue Residential Preservation Association have agreed to sett{e the fawsuit that SARPA filed, based on the fotlowing commitments: SAftPA agreement. St. Thomas agrees to preserve six of the existing houses on Summit Ave. in the west block and SARPA agrees to drop its pending lawsuit on the EAW and the organization and existing board members agree not to appeal to City Council or sue the City in the future related to any approvals the HPC and City Council may give for removal of the other five houses and construction of new residential structures that are consistent with the conditions of this permit. � G�Shared\CC\WARD4\UST Benanav Comprom�se 4 oB-4-04 2 pm.wpd � �� b�`7�1a, to preserve six of the existing single-family houses on the Summit Ave. frontage not including the garages. Any residential structures built to repiace any single-family homes which are moved or demolished shall be designed to look like single-family or "mansion" style homes of diverse designs, such that the Summit Ave. side of the west block shall always appear to be a single-family residential block. For demolition and construction work within the historic district, St. Thomas shall follow the established review procedures of Yhe Heritage Preservation Commission. 9. Finn St. For a period of no less than 30 years from the date of permit approval, St. Thomas agrees not to petition to close Finn St. between Summit and Grand Aves. and fhat Finn St. in fhis block shatl remain a public street open to two-way trafiic. 10. Community Development Corp. St. Thomas shall capitalize a CDC or establish a similar initiative whose purpose would be to purchase, rehabilitate. and sell to non- student owner-occupants an average of at least 2.5 houses per year within the boundaries of the Merriam Park and Macalester-Groveland neighborhoods. The average will be calculated over a twelve year time period, so that 30 houses wiil be done over the 12 years. For properties sold through this effort, restrictive covenants shall be added at time of sate to require use of the properties for non-student, owner-occupied residential uses only. 11. University/Community Advisory Co�ncil. St. Thomas agrees to participate, at the level of senior management and the board of trustees, in an advisory council charged with resoiving university/community problems, and providing a channel for communications on campus master planning and development, and to enhance universify/communify relations. The composition of the advisory council would inciude representatives of the St. Thomas board of trustees, senior management and students, and neighborhood representatives from the Merriam Park Community Council and the Macalester Groveland Community Council, the Summit Ave. Residential Preservation Association, and Neighbors United. The scope of the advisory council's work would inciude all issues affecting local residents, including but not limited to: the creation and management of a CDC or similar initiative to purchase and rehabilitate housing in the neighborhood; parking; St. Thomas construction impacts, including the building of parking lots, athietic fields; student housing (both on and off-campus); and neighborhood quality of life issues such as the impact of student party houses. This group would meet at least quarterly and report to the St. Paul_Planning Ccmmission and the St. Pau! City Council. 12. Parking Issues. St. Thomas agrees to explore and implement policies, s�ch as reducing parking permit fees, that will increase the use of its on-campus parking spaces on evenings a�d weekends for the 2004-2005 school year. St. Thomas a;so agrees to explore ways to further increase use of on-campus parking and use of bus passes for all students in the 2005-2006 school year and succeeding years. 13. Parking Ramps. Parking for the east and west blocks shall be developed as proposed by St. Thomas, with a maximum of 590 spaces constructed in undergrourd parking ramps on both blocks, and with access from Finn St. A small number of surFace parking � spaces, for uses such as drop-off/pick-up, or loading, shall be permitted. if St. Thomas