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99-524V � �4,.�._.�,�. ��- a� ����,� Council File # ��'S� �������� � `l�� RESOLU ON �J �eenSheet# �o�b�� � ITY OF SAINT PAUL, NIINNESOTA � �, / �/ Presented By I'.Z`-� -�flI1L7 Committee: Date 2 WFIEREAS, JLT Group, in Zoning File No. 99-038, applied on Februaiy 24, 1999 for a 3 site plan review pursuant to the provisions of Saint Paul Legislative Code § 62.108 in order to 4 establish a truck facility on the west side of Fairview Avenue, one-half block south of Minnehaha 5 Avenue, and legally described as Section 33, Township 29, Range 23, except avenues the North 6 561 33/100 ft of nortYteast 1/4 of northwest 1/4 of Section 33, Township 29, Range 23; and 7 8 WHEREAS, JLT Group and the Hamline Midway Coalition requested the Saint Paul 9 Planning Commission to hold a public hearing on the proposed site plan; and 10 11 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 WFIEREAS, the Saint Paul Pluuiiug Commission conducted a public hearing on the site plan application on March 26, 1998 and referred the matter to the Commissions Neighborhood Plamiing Committee; and WHEREAS, the Neighborhood Planning Committee met and discussed the site plan on March 13, 1999 and March 20, 1499 and recommended approval of the site plan with conditions; and WHEREAS, on Apri123, 1999, the Saint Paul Planing Commission, having received the recommendation submitted by its Neighborhood Planning Committee, made the following findings as set forth in its resolution number 99-27: Dawes Trucking The truck transfer facility would be built by JLT and operated by Dawes Trucking. Dawes would bring a variety of goods to the site from local businesses using smaller city trucks. The goods would then be consolidated inside the building and loaded onto semi-trailers and shipped out of state. Dawes currently operates out of a building located in Roseviile. However, this building is too small and Dawes wants to move to get more room 2. Proposed operation John McDaniels, the owner of Dawes Trucking, described the proposed opexation to staff, including the hours of operation and the number of trucks: Hours of operation - The facility would be open Monday through Friday. It would normally be closed on weekends although occasionaliy there would be an individual huck on weekends. Page 1 of 9 1 G S S Zt� 2 - During the week the facility would open at 7AM. Tuesdays and Fridays 3 aze the busiest days and the facility would normally stay open until 4 midnight on those nights. On Monday, Wednesday and Thursday the 5 6 7 8 9 10 11 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 45 46 47 48 49 facility would close at 8 or 9 P.M.. Peak hours are late afternoon (3 to 6 P.M.) Number and types of trucks — There would be appro�mately 35 semi-trailer trucks a week taking freight out and another 10 semi-trailer trucks bring freight in. (On Tuesday and Friday when they aze busier, there would be 10 semi-trailer hucks a day. On Monday, Wednesday and Thursday there would be fewer semi-trailer trucks. There would be 6 to 8 smaller local hucks a day Monday thru Friday. These trucks would leave in the morning, pick up ar deliver goods locally, and return in the afternoon. The large trailers typically take 3 or 4 hours to load. However, a trailer may site at the dock for a day or two until it is picked up. The truck engines would be turned off and would not run while the hucks are parked. Elechical hook-ups for engine heaters would be provided in the winter. If trailers will be parked for more than a few hours, the tractor is unhooked and leaues the site. Some of the semi-trailers would have refrigerator units. However, Dawes would not be handling perishable good such as produce and so trucks with refrigerator units would not run them while they were at the site. There would not be any fueling stations or maintenance shops on site. 3. Existing operation Staff visited Dawes current locafion in Roseville two times and observed the following: — On Thursday, March 11 at 4:00 PM there were 10 trailers pazked at dock doors and additional trailers parked on the site away from the building. (These trailers did not have any engines running.) There was one truck backing up to a dock and in the next 15 minutes two more hucks arrived on site. (These trucks had their engines rum�ing.) — On Monday, March 25 at 8:00 the business was closed. There were approximately 10 trailers parked at dock doors and other trailers parked on the site away from the building. One parked truck was running and had its lights on. 4. The site plan The plan shows a 27,740 square foot building. It would be 294' long on the side facing Fairview and 93' deep. It would be 28'-5" ta11. The building would have a small office on the south end but most of the building would be for storing and handling goods. The building would have 21 overhead doors for large trucks on the west side (facing away from Fanview) and 5 doors for smaller, local trucks on the north side (these would be visible from the street). Access would be provided using two existing driveways on Fairview. The site also has access from an existing driveway on Prior. Page 2 of 9 a��Z� 2 5. Required findings Section 62.108(c) of the Zoning Code says that in "order to 3 approve the site plan, the plauuing commission shall consider and fmd that the site plan is 4 consistent with" the following: 5 6 (a) 7'he ciiy's adopted comprehensive plan and development or project plans for sub- 7 areas of the ciry. 9 The 1980 Ciry Wide Land Use Plan that was in effect when ttus project was 10 submitted to the City for site plan review says: 11 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 45 46 47 48 49 �) The City should Encourage conditions wiuch allow the mixing of appropriate light indushy with housing and cozzuuercial activities. In cases of incompatible land use, the City will use the techniques lasted above wherever possible to create or nnprove exis6ng buffers between land uses. [The techniques referred to include landscaping, bernung or fencing perimeters and mainta.ining building exteriors to complement adjacent land uses.) The City will ensure through it site plan review requirements that all new development provides adequate buffering as part of its design. The 1980 District 11 Plan which is currently in effect lists the following goals: — Maintain the present balance beriveen residential and commercial and industrial use. — Develop buffers to separate residential areas from commercial and industrial areas. — Confine through traffic to relatively few streets, treat others streets as local, resident serving streets. — When developing majar through streets, minnnize detriment to bordering land uses. — Fairview between Minnehaha and Pierce Butler should be de-emphasized as a through street and access form Fairview to Pierce Butler closed. (This pro}ect is south of the area referred to in this recommendation.) The site plan is not consistent with this finding but can be modified so that it is consistent: The existing driveways on Fairview must be closed to ensure that trucks use Prior Avenue to enter the site. Adequate visual and sound buffers must be provided. Applfcable ordinances ofthe City ofSaint Paul. Although trucking facilities are a pernutted use in an I-1 zoning district, the site plan is not consistent with this finding. However, it can be modified so that it is consistent: Page 3 of 9 1 �� ��-f 2 — The building setback on Fauview does not meet the min;mum required 3 setback and therefore must be increased from 6' at least 7'-5". 4 — The site plan shows two driveways to Fairview Avenue. Fauview is not a 5 truck route. The site has access to Prior Avenue, which is a designated 6 truck route. Therefore, the e�sting driveways on Fairview must be closed 7 8 9 10 11 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 45 46 47 48 49 to ensure that trucks use Prior Avenue. (c) — It is likely that without any noise mirigation, noise from trucks will exceed the maximum levels permitted by the Saint Paul legislarive code. Therefore, a noise study must be conducted to deternune whether additional noise mitigation is needed to ensure that the facility will comply with the noise ordinance and help determine the design and location of any noise mitigation tUat is needed. Preservation of unique geologic, geographic or historically sigrzificant characteristics of the city and environmentally sensitive areas. The site plan is consistent with this finding. The site is a paved pazking lot on industrial property and the surrounding azea is a residential neighborhood. (d) Protection of adjacent and neighboring properties through reasonable provision for such matters as surface water drainage, sound and sight buffers, preservation of views, Zight and air, and those aspects of design which may have substantial effects on neighboring Zand uses. The site plan is not consistent with this finding but can be modified so that it is consistent: The residents in the area have complained in the past about truck traffic on Fairview. The site plan calls for using the existing driveways on Fairview. This would increase the amount of truck traffic on Fairview. The driveways on Fairview should be closed so that all trucks must use Prior Avenue. There is enough room to the south of the exisring main building for trucks to get from Prior to the new building and trucks should be required to use this to minunize noise to the surrounding residential neighborhood. Noise from hucks on the site would have a substanfial effect on neighboring residentialland uses on Fairview and Minnehaha. A noise study by an acoustical engineer should be required to determine if noise barriers are needed and if they aze, how big they need to be and where they should go. JLT is talking about conshucting another building north of the truck transfer facility and this could act as a noise barrier if it was large enough and it was for a use that did not generate significant additional noise. (e) 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. Page 4 of 9 �� s 2 10 11 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 45 46 47 48 49 The site plan is not consistent with tlus fmding but can be modified so that it is consistent: — Traffic on Fairview Avenue is already heavy. Permitting the proposed truck facility to use driveways on Fairview would increase the amount of traffic and would unreasonably affect the residential neighborhood across the street. Therefore, the e�sisting driveways on Fairview should be closed so that trucks use Prior Avenue. �fl — The building is arranged so that most of the loading docks aze on the west side of the building and the building will block most of the noise from these docks from residents on Fairview. However, residents on Minnehaha will be hear noise from these docks unless noise barriers aze built. The building also has five docks on the north end of the building close to Fairview and noise barriers are needed for these docks too. Creation of energy-conserving design through landscaping and Zocation, orientation and elevation ofstructures. The site plan meets current standazds for energy conservation and is consistent with this finding. (g) Safety and convenience of both vehicular and pedestrian traff c 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. �) (i) Public Works staff has reviewed the site plan and deternuned that the plan, including use of existing the driveways on Fairview for the primary access to the truck facility, is safe and consistent with this fmding. The satisfactory availabiliry and capacity of storm and sanitary sewers, including solutions to any drainage problems in the area of the development. There is adequate sewer available. The applicant has not prepazed a detailed storm water drainage plan yet. The site plan is consistent with this finding if a condition is added that a drainage plan must be submitted to staff for approval. Sufficient landscaping, fences, walls and parking necessary to meet the above objectives. The site plan is not consistent with this finding but can be modified so that it is consistent: - Additional fences or wa11s must be constructed, if a sound study shows they are needed to block noise to neighboring houses. — There is no landscaping on the site now. The landscaping shown on the site plan should be increased by planting shrubs that grow at least 10' tall along the west side of the building. Additionallandscaping should be planted around the perimeter of the site where ever noise barriers are Page 5 of 9 �� required. The noise barriers should be setback 10' from the property line 2 3 to provide adequate room forlandscaping. 4 (j) Site accessibility in accordance with the provisions of the Americans with 5 Disabilities Act (ADA), including parking spaces, passenger Zoading zones and 6 accessible routes. 8 The site plan is consistent with this finding if one additional handicapped 9 accessible pazking space is provided. 10 11 (k) Provision for erosion and sediment control as specified in the "Ramsey Erosion 12 Sediment and Control Handbook " 13 14 The site plan does not show erosion or sediment control measures. A condition 15 for approval of the site plan should be that an erosion and sediment control plan 16 must be submitted to staff for approval. 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 45 46 47 48 49 WHEI2EAS, based upon the fmdings noted above, the Commission approved the said site plan subject to the following conditions: 2. 3. � Driveways. All truck traffic to this facility must use the south driveway on Prior Avenue and proceed via the area south of the main existing building. Truck traffic may not use Fairview Avenue. The two existing driveways on Fauview must be closed and replaced with curb and boulevard. Curb and boulevazd work shall be by permit. If other uses are proposed on the site that generate levels of traffic that will not negatively impact the adjacent residential neighborhood, the City would consider permitting reopening driveways to Fairview for these uses as long as the trucking facility did not have access to Fairview. Reopening driveways shall be by pernut. Hours. Hours of operation must be restricted to 7 A.M. to 10 P.M. Monday through Friday to protect the adjacent residenrial neighborhood. The facility may not operate on Saturdays or Sundays. Truck idling. Truck engines must be tumed off whenever riucks aze patked at the dock or on site waiting for more than 15 minutes to load or unload at the dock. Truck parking. Trucks may not stop or pazk on Fairview, Minnehaha or other neazby residential streets. (Public Warks says it can post signs where needed to help enforce this.) 5. Noise analysis and noise mifigation. A noise analysis must be done by an acoustical engineer. The acoustical engineer will be one agreed to by both the City and the applicant. The analysis will deternune the level of noise that could be anticipated from the facility. ff the noise analysis indicates that the faciliry without noise mitigation measures will exceed levels pernvtted under City noise regulations, sound mitigation measures must be constructed to ensure that the facility conforms to City noise regulations. Such sound mitigation measures must be in place prior to operations. If another building will serve as a sound barrier, the walls must be substantaally complete prior to operations. Page 6 of 9 1 �,��s z�{ 2 6. Lighting. E�terior lighting for the facility must be auned and shielded to m;n;mi�e glare 3 light and light spill over on to adjacent residential property. 4 6 7 8 9 10 11 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 45 46 47 48 49 7. Setbacks and landscaping. The setback on Fauview must be increased to 10 feet to permit enough room for landscaping to soften the appeazance of the building. The setback shall be planted and maintaiued with plant material approved by site plan staff and which will grow at least 10 feet tall when mature in order to form a continuous row along the entire east side of the building. � r� 10. Additional landscaping must be planted azound the perimeter of the site wherever noise barriers or visual screens aze required. The noise barriers or visual screens must be setback 10' from the property line to provide adequate room for landscaping. The existing chain link fence in these azeas must be removed. Storm water management. A storm water management plan must be submitted to staff for approval. Accessible parking. One addirional handicapped accessible parking space must be provided. Erosion control. An erosion and sediment control plan must be submitted to staff for approval. WHEREAS, pursuant to the provisions of Saint Paul Legislative Code § 64.206, JLT duly filed an appeal of the site plan approval on Apri123, 1999 and requested a hearing before the Saint Pau1 City Council for the purpose of considering the actions taken by the said commission; and WHEREAS, pursuant to the provisions of Saint Paul Legislative Code § 64.206 the Aamline Midway Coalition duly filed an appeal of the site plan approval and condiUons on May 4, 1999 and requested a hearing before the Saint Paul City Council for the purpose of considering the actions taken by the said commission; and WHEREAS, pursuant to the provisions of Saint Paul Legislarive Code § 64.206 the Northstar Chapter of the Sierra Club duly filed an appeal of the site plan approval and conditions on May 7, 1999 and requested a hearing before the Saint Paul City Council for the purpose of considering the actions taken by the said commission; and �VHEREAS, acting pursuant to Saint Paul Legislative Code §§ 64.206 - 64.208 and upon notice to affected parties, the Saint Paul CiTy Council d'ad on May 12, 1999, duly conduct a public hearing on these three appeals where all anterested parties were given an opportunity to be heard; and WHEREAS, the Council of the City of Saint Paul, having heazd the statements made and having considered the application, the report of staff, the record, minutes and resolution of the Zoning Committee and of the Saint Paul Plauniug Commission, does hereby; Page 7 of 9 i �l��Z� 2 RESOLYE, to affirni the decision of the Planning Commission in this matter in that 3 there has been no showing by any pariy appealing the decision of the Planning Commission that 4 it committed an error as to fact, finding or procedure; and be it further 6 RESOLVED, that the Council ofthe City of Saint Paul adopts as its own, the findings 7 and conditions in this matter as set forth in Planning Commission Resolution No. 99-27; and be 8 9 10 11 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 45 46 47 48 49 it further RESOLVED, that the Council of the City of Saint Paul, having heazd the statements made and having considered the application, the report of staff, the record, minutes and resolution of the Zoning Committee and of the Saint Paul Plauning Commission and acting in the capacity authorized in Saint Paul Legislative Code § 64.207, hereby modifies the decision of the Saint Paul Plamiing Commission by amending condition number 5 by adding a new condition number 5.1 (A - E) as well as adding additional conditions 11, 12, 13, 14 to conditions 1-10 as approved by the Pla.nning Commission in its resolution 99-27 dated Apri123, 1999. 5.1 Noise mitigation. Braslau and Associates conducted a noise analysis. Based upon this analysis, the noise analysis and noise mitigation conditions set forth under condition number 5 aze amended to require: (A) That construction of the "second building" contemplated by the applicant must be undertaken and substanrially completed before truck terminal operafions may begin. The second building is necessary to protect homes in the adjacent residential neighborhood from nighttime noise from hucking operations and to protect these residential azeas from direct and reflected noise from trucking operations. (B) That a second noise analysis conducted by an acousfical engineer agreed to by both the City and appiicant shall be conducted after the substantial completion of the second building and that before the truck terminal operations may begin, this second noise analysis must be submitted to the City for review to detemune whether any additional noise mitigation measures must be considered. (C) That any public address systems aze constructed and configured to eliminate public address noise from adjacent residential neighborhoods. 11 12. (D) Than any mechanical equipment not specifically analyzed must be constructed and configured to comply with the most restrictive applicable state or municipal noise standard in order to protect adjacent residential areas. (E) All other conditions imposed under condition nuxnber 5 shall remain in full force and effect. Mitigation on Minnehaha Sound mitigation will be incorporated into the site plan along Minnehaha Avenue. No entrance on Minnehaha Trucks using this facility must not enter or e�t the site from Minnehaha Avenue. Page 8 of 9 1 �'1 �l—�2� 2 13. Number of trucks The number of hucks entering the site must not exceed 45 per week. 4 14. Annual approval based upon site plan compliance. The site plan is approved for one 5 year. The site plan shall be renewable annually thereafter only after staff makes an 6 annual report on the operations at the facility to the plaiming commission and a finding 7 by the plauuing commission that the facility is being operated in compliance with the 8 conditions contained in the site plan. 10 11 12 13 14 15 FLTRTHER RESOLVED, that the appeals of JLT, Hamline-Midway Coatition and the Northstar Chapter of the Sierra Club be and aze hereby denied; and be it FINALLY RESOLVED, that the City Clerk shall mail a copy of this resolution to JLT, the Hamline-Midway Coalition and the Northstar Chapter of the Sierra Club, the Zoning Adtninistrator and the Saint Paul Planning Commission. � $�.`� �,�.rr•t.� � � � � �� l� t��� f�r�-�`-� \ OR1GiNAL By: Requested by Department of: By: Adopted by cil: ate Adoption ertified by Cou By: — Approved by Mayor: Date Form Ap ved by City Attorney $Y: �ffC.�� G-B-�� Approved by Mayor for Submission to Council By: By. � , \ ���-��_ �`t � �`�°�q AdoptedbyCouncil: Date � Adoptio eitiSed by Council � � e ' By: ., a._ �,,,.�,_—_ --�" Approved by Mayor: Date �t�t S?1-t June 8 DAiE INITipTED GREEN SHEET � � � f , • Ass�cx TOTAL # OF SIGNATURE PAGES oe.�n�r owECron arvwuca � ❑ anwnowar ❑ arcctcxK ❑ nuuxa�amneFSOai ❑ n�uxw.��rc ❑YYORryRIffi4lAIiI) ❑ (CLIP ALL LOCATIONS FOR SIGNATURE) Memorializing the decision of the City Council on May 12, 1999, denying the appeal of JLT 6roup to a decision of the Planning Commission approving a site plan for a truck facility at approximately 630 Prior Avenue North with conditions regulating access to the site, noise, hours of operation and other issues. PLANNING CAMMISSION CIB COMM{TTEE CIVIL SERVICE COMMISSION ISSUE, OF TRANSAMION S Why) Has this persoNfi�m ever xroriced under a coMrzct for fhia depaAment? YES NO Hasthis ye�soNfirtn evet been a dty employeeT YES NO Does this personlfirm possess a sldl� not iwrmallYD� M' any wrtent city emPloyee? YES NO is Mis perso�rm a farpetetl vendorT YES NO �lain all ves answers on senarate sheet and attach to areen shcet COST/REVENUE BUDGETED (CIRCLE ONE) YES NO SOURCE ACTIVITY NUMBER 3 �q -s�.�{ CI'I`Y �F SAIN'I` PALJj., 390 Ciry Halt Telephone: 612d66-8510 Norm Coleman, Mayor IS West Kellogg Boulevard Facsimile: 612-266-8513 Saint Paul, MN 55102 June 29, 1999 Council President Dan Bostrom and Members of the City Council 310 and 320 City Hall 15 West Kellogg Boulevard Saint Paul, Minnesota 55102 RE: Veto of Council File Number 99-52�: JLT Group Dear Council President Bostrom and Members of the City Council: I am returnin� to you, with my veto, Council File 99-524. This resolution unnecessarily puts the city and its taxpayers at sianificant risk of le�al liability. Some of the conditions in the resolution arguably go beyond the city's le�al authority in limiting JLT Group's right to develop its property. This would leave our residents on the hook to pay the costs of a' potential lawsuit and adverse verdict. The proposal by the JLT Group to develop industrial property at Minnehaha and Fairview in the Midway area has under�one a great deal of scrutiny by staff, residents, the Hamline- Midway Coalition, the Planning Commission and its Nei�hborhoods subcommittee, the Business Review Council, the City Council and especially Councilmember Benanav and his staff. The process has presented a challenge in balancing the ri�hts of the JLT Group to develop its property with the nei�hborhood residents' desire to be protected from noise and disruption. The resolution presented by the City Council is close to being a fair balance but severai modifications need to be made. Of the fifteen site plan conditions approved by the City Council four unreasonably restrict the JLT Group's ri�lit to develop its properiy. Specifically the restrictions on the hours of operation (condition 2), the limits on the number of trucks entering the facility (condition 13), and the annual approvai provision (condition 14), are too restrictive and place unreasonable hardships on the business. In addition, condition number three (3) control(ing truck idlin�, is not presently warranted accordin� to the noise analysis prepared by the acoustical en�ineer. I think these site plan conditions can be modified to all concerned and thereby eliminate any need to resort to the courts to resolve this matter. � �(q-Say Councii President Dan Bostrom and Members of the City Council 7une 29, 1999 Page Two I urge the Council to pass an effective compromise that will allow this important development to proceed while maintaining essential protections for the adjacent neighborhood. Sincerely, �JA- ��II�U� Norm Coleman Mayor NC:drm c: Saint Paul Plannin� Commission Members Business Review Council Members Robert Kessler, Director, License, Inspection and Environmental Protection (LIEP) Brian Sweeney, Director, Plannin� and Economic Development (PED) OFFICE OF Tf� CITY ATTORNEY Clayton M. Robinson, Jr., CiryAttorrsey �R -Sa.� CITY OF SAINT PAUL Narm Coleman, Mayor Civil Division 400 Ciry Hal( I S West Ke[logg Blvd Saint PauT, Minnesota 55702 Telephone: 651266�710 Facsimile: 657 298-5679 CiOEdPk.n �9."�,°: i��? t':�;'?or June 8, 1999 Nancy Anderson Council Secretary 310 City Hall 15 West Kellogg Blvd. St. Paul, MN 55102 ;,. + ..r.ar Re: Appeals by JLT, Inc., Siena Club - Northstar Chapter, Hamline-Midway Coalition. Zoning File No. 99-038 Council Action Date: May 12, 1999 Dear Nancy: Attached please fmd the signed original of a resolution memorializing the decision of the Saint Paul City Council to deny all the appeals in the above-entitled matter. Please place this mattei on the Council's consent agenda at your earliest convenience. If you have any questions, please don't hesitate to call. Very ly yours, � " ���'!✓�� Peter W. Warner Assistant City Attomey PWW/rmb Enclosure OFFICE OF LICENSE, TNSPECTTONS AND ENVIItONMENTALPROTECTION Robert Kets[er, Direc[or q�, -s ay CITY OF SAINT PAUL Norm Coleman, Mayor B UII DING INSPECI70N AND DESIGN 350 St Peter Srreet Suite 310 Saint Paut, Minnesota SSIO2-I510 Te[ephone: 612-266900] Facsimile: 612-266-9099 Apri127, 1999 Ms. Nancy Anderson City Council Reseazch Office Room 310 City Hall Saint Paul, MN 55102 Dear Ms. Anderson: I would like to confirm that a public heazing before the City Council is scheduled for Wednesday, May 12, 1999 for the following zoning case: Appellant: JLT Group File Number: 99-101 Purpose: Appeal of a decision by the Planning Commission to approve a site pian for a uucking faciliry with conditions regulating access to the site, noise, hours of operation and other issues. Location: Approxunately 630 Prior Avenue North I have confirmed this date with the o�ce of Counciimember Benanav. My understanding is that this public hearing request wili appeaz on the agenda of the City Council at your earliest convenience and that you will publish notice of the hearing in the Saint Paul I.egal I,edger. Please call me at 651-266-9086 if you have any questions. Sincerely, / !�-�✓✓� Tom Beach Zoning Section Vi':aiia:s � .. ^ -t ������'� � FmsrRUn� • MOTICEAF PUBLIC HEARIIVG The Saint Paul City Counci] wi7l conduct a public hearing on Wednesday, May 12, "1999, at 5:30 p.m. in the City Council Chambers, Third Floor, City Hall- Courthouse, to consider the appea] of JLT Group to a decision of the Planning Commission approving a site plan for a iruelflng facility at approximately 630 Prior Avenue North with conditions regulating �access to the site, noise, hourspf operaUon and other issues. Dated: Apri128, 1999 NANCYANDERSON ' Assistant City Council Secretary , - (Apr.3a) � s=====' ST. PAIIL LLGAL LEDGER'==s'== OFFICE OF LICENSE, INSPECTIONS AND FvWII20N�lEN'I'AL PROTECTiON Rabert Kessler, Director Qg -S a-�\ • � CITY OF SAINT PAUL '�� Norm Caleman, Mayor May 5, 1999 Ms. Nancy Anderson Secretary to the City Council Room 310 City Hall Saint Paul, Minnesota 55102 ZAFRY PROFESSIONAL BUIIDING Suite 300 350 St. Peter Srreet Sent Pau1, Minnesota SSIO2-I570 Telephone: 612-2669090 Facsr,ti[e: 672-266-9099 6I2-2669124 RE: Appeal of the Planning Commissions decision to approve with conditions a site plan review for the JLT/Dawes Trucking facility proposed for the southwest corner of Minnehaha and Fairview Public hearing at City Council scheduled for Wednesday, May 12, 1999 Zoning Files #99-101 and 99-107 Deaz Ms. Anderson: • PLANNING COMI'IISSION APPROVED THE STTE PLAN WITH CONDTTIONS On Apri123 the Planning Commission approved the site plan for a trucking facility at the southwest corner of Minnehaha and Fairview. The approval is subject to 10 conditions intended to minimize the impact of truck noise and tr�c on the residential neighborhood located across the street, including conditions that: — Prohibit truck access from Fairview Avenue and require them to use Prior Avenue — Limit hours of operation � — Limit truck idling — Prohibit truck parking on neazby streets — Require that the applicant pay for a noise study to help determine if noise barriers aze needed. (JLT hopes to have the noise study completed before the City Council meets.) The Neighborhood and Current Planning Commission and LIEP staff recommended approval with conditions. At the public hearing 17 people spoke in opposition and 10 letters in opposition were received. APPEALS HAVE BEEN FILED BY THE APPLICANT AND T'HE DISTRICT COUNCIL The applicant, JLT Group, has appealed rivo of the conditions attached by the Planning Commission. One of these conditions limits the hours of operations to between 7 AM and 10 PM Monday through Friday with no operations on Saturday or Sunday. The other condition requires that trucks must be turned off when they aze parked at the dock or when they aze on site for more than 15 minutes waiting to go to a dock to load or unload.. JLT says that trucking facilities aze a permitted use and that the nature of the trucking industry make tltese conditions impractical. The Hamline Midway Coalition has appealed the Plannina Commission's decision to approve the site plan. They say tha[ even with all of the required conditions, a trucking faciliry at this location will have a • negative impact on the residential property across Fairview and Minnehaha. They aze concemed about noise and air pollution from the facility. They feel that the conditions limiting hours and truck idling aze not enforceable. They are afraid that noise wilt be a problem even if the noise study being done says the facility will not violate City noise standazds. Please notify me if any member of the City Councit wishes to have slides of the site presented at the public hearing. Sincerely, , Tom Beach ATTACHNIENTS page 1 Appeals from JLT Group and Hamline Midway Coalition page 4 Planning Commission resolution page 10 Planning Commission minutes page 28 Staff report and recommendations page 33 Letters to the Planning Commission page 61 Noise information page 63 Truck route information page 65 Location map and site plan � r � L.J _Apr-26-99 10:54A Constructors and Assoc. 651 848-0783 SAIKT s�di � ��AA APPLICATION fOR APPEAL Departmenl ujPlarsning a1�d Economic Develnpmertl Zoxii�g Section 1100 Cily Ha11 AnxeY ZS 6'es1 Fourdt Street Saint Pau7,14f.�'SSIPZ 266-5589 APPELLANT ►Yame 3 '+-� G Address `: Q V�--'�`'"" �'a ��' V�.�._.-� CityS� 3�- �Q St.�Zip paytime phone t�RQPERTY Zoning File Name_^�-� �� /�M'Rj � ""'� - LOCAT{oN A���ess/LOCation �iwh�'.��s � �►SQr TYPE OF APP�AL: Application is hereby made for an appeal to the: CJ Board oS Zoning Appeals �City Caunci! u�der the provisions of Chapter 64, Section ��. Paragraph of #he Zoning Code, to appeal a decision made by the_ ��tM� '-��•��'��"` +��27� q , 19 File number. � �� on -- (dafe of dQCision) GftOl]NDS FOft APPEAL: �xplain why you feel there ha5 been an error in any requirement, pErmit, decision or refusaf made by an ad a o the Plan n Comm ssion fact, procedure of finding made by the Board of Zoning App 9 �.�: � �-�� � �"�� �"�� � c��� Attach additional sheet if P_02 ���'� • • Applicani's signaturs� — Pate `E' City agent • � • n U rwr. �.is��� ic�:�sar•i HHIILIMEiMIDb1HY � ��� t�'0.237 P.1 a��s�� q���d7 HA.MLINE 1V��DWAY CQA�,IT�QI�.� Ham�utePazkPlaygroundBwldi¢g � 1564L�iondAcenue,SaintPaul,DiY551Q4 • -6?G-i9sG • -641-6t23 May?,1999 —� — — — �--- — Councilmember Daniel Bosirom St. Paul Ciry Covnci? 1� W, Kelloga Blvd. St. Paul, Iv1�i 155102 Dear Councilmember Bos�rom: On behalf of the neighbors Iiving in tlte area surroundina F.airview and � iviinnehaha Avenues, the Hamline IvTidway Coalitiori Board of birectors wishes to appeal the Planning Cominission's April 23, 1999 appro�al of the jI,T/T)awes Truckinb faality siCe plan. The proposed truck transfer fariiity is an incompatible land use with respect to the residential area direcfly east and north of the siEe. In approvulg Ehe site plazt, tIze Planning Commission was mandated to follow St. Paul Zoniag Code �62.103 (c) conceming Site Plan review and approval, Said Code staee5: • "In order to approve the site plan, Ehe Plazu Contu'ussion sltell consider and fznd that the sit� plan is consiseent with... (4) Protection of adjacent and neighbocing properties through reasonable provision for suclt maEters as surface tivater drainage, sotuld and sight btiffezs, preservafion of views, light ai�d air, and those aspec�.s of design which may have suUstan�ial effect on nei�hboring land uses." The Planning CommiSSion recoo ized rhe significant ad�erse impact of the proposed truck transfer facility on tlie neighborhood and placed ten (10) candiEions on its resolution of approval to easz these effects. However, it erred in approving tfie plan because neighboring properties and residents wili not Ue protecEed and wiIl be negaHvely impacted �vith regard to these important factors. 1) 'I'he area arowld Ivinlnehalla and �airvzew curren1y has an elevated air pollurion index as a result of: a) uldustry to the immediaEe south, west, and northwest; b) �eavy truck and other vehicular tra`8c bn several nearby major streees and thoroujhfares; and, c) the Burlin,o-,ton Vorthem-Santa Fe Railroad Intermodal facility, located five (5) b1oc1<s nortll of tne site. The proposed facility will generate considerable smaIl truck and semi-tiuck traffic and idling. Both Ehe gasoline and the diesel fuel will increase the air poIIu!ion index and, consequently, presenE more of a healtlz hazard Htian the present air quaIity. In its resolution, the Commission placed a 15-minute lir_ut on t�uck idling, but #his condition is not consistently enforceaUle. Dedicate�lla muwin� ll�e Nuntlane daidmc�y ne��hborbeoct a 6e.Ke�• plrrce to ln�e ancl wark, �.�m 2 iHf. �.1:55 1���2EPM Hr+MLINEihIIuW�IY No.237 P.2 • Councii Pmsident Dan Bo<_hom �1ay 4,1999 Pa�e 2 Fe: 2F �99a3S 2) Accordin� Ya the manager oF Dawes Tzucldng, semi-trucks from aut-of-state wili arrice at all �nes oE day and ni;11e and be allowed to enter the sitz at anytime, including night-time. The noise of trucks arriving a#ter the approved hours of operation--between 7:00 a.m. and 1d:Od p.m.—and the possible running of their motors, is certain to affect neighbors. xhe testimony of Dawes Trucking representatives and the impossibility of canstanh enforcement defies the viability of this condition. 3) Durino the approved hours of operaf�an (7:00 a,m. - lO:QQ p.m.), noise from truck traffic, engine idling, back-up beepers and air brakes is of great concexn to fhe neighborhood. The Plaruung Commission required the applicant to conduct a noise study to deterr.une if JLT w-ill Ue requixed to build a sound barrier. Residents are concerned fihaE if the sfudy does not proc� concl¢sivety that noise miHgation measures must be tal<en, the noise will necerLheless be an on-going nuisance to the nei�hbors. I�1 passing the site plan, the Plannin� Commission failed to ensure compatibiliEy of this plan tivith neighboring residents. For the above reasons, we ask that the City Council accept and hear our appeal. We oppose the site plan because we Uelieve that the operation of the JLT/Dawes truck h�ansfer facilifiy is incompatiUle with the residential neighborhood to the immediate north and east of the siEe. 4�%e Iook forward to hearing from pou conceming our request. Please conEact me or Cathy Lue, I�MC commtuuty organizer, at (651) 646-1986—phone; (651) 641-67.23—fa.�c. Sincerely, ��� �� Jod.i M. BanClep Executice Director /jmU cc: Councilmembet Jay Benanav Councilmember Jerzy Blal<ey Tom Beach, LIEP Gladys Morton, Planninb Commission �� u 3 �q ,sa� � city of saint paul planning commission resolution fite number 99-27 date Apri1 23, 199 �VF�REAS, JLT GROUP, file �99038, has submitted a Site Pian for review under the provisions of Section 62.103 of the Saint Paul Le�islative Code, to allow a trucking facility on the west side of Fairviecv Avenue, % block south of Ivfinnehaha Avenue, le�ally described as Section 33 To�vnship 29 Range 23 except avenues the norch 561 33/100 feet of northeast I!4 of northwest 1/4 of Section 33, Township 29 Range 23; and `VHEREAS, the Saint Paul Planning Commission, on 03/26/99, held a public hearing at �vhich all persons present were given an oppoRunity to be heard pursuant to said application in accordance with the requirements of Section 62.103 of the Saint Paul Legisfative Code; and `VHEREAS, the Saint Paul Planning Commission, based on the evidence presznted at the public hearin� as substantially reflected in the minutes, made the foltowin� findin�s of fact: • l. Dawes Trucl:ina The truck transfec faciliry would be built by JLT and operated by Dawes Tnickin�. Dawes would brin� a variety of goods to the site from local businesses using smaller city trucks. The goods �vould then be consolidated inside the building and toadzd onto semi-trailers and shipped out of state. Da�ves currently operates out of a buildin� located in Roseville. Ho�vever, this building is too small and Da�ves �vants to move to get more room 2. Proposed operatio❑ John McDaniels, the owner of Dawes Trucking, described the proposed operation to staff, includina the hours of operation and thz number of trucks: Hours of operation - The facility would be open Monday throueh Friday. It would normally be closed on weekends although occasionally there would be an individual truck on weekends. - During the week the facility woufd open at 7A�1. Tuesdays and Fridays are the busiest days and the facility would normally stay open until midni�ht on those niehts. On Monday, Wednesday and Thursday the facility wou(d cfose at 8 or 9 P.M.. y - Peak hours are late afternoon (3 to 6 P.MJ • moved bv Faricy seconded bv in favor 14 (2 abstentions Dandrea, Donnelly-Cohen) against � ZF �99038 Pa�e 2 of Resolution Number and types of trucl:s — There wou(d be approsimately 35 semi-trailer trucks a�veek takin� frei�ht out and another 10 semi-trailer trucks brin� frei�ht in. (On Tuesday and Friday when they are busier, there «�oufd be 10 semi-trailer trucks a day. On bfonday, �Vednesday and Thursday there would be fe�ver semi-trailer trucks. — There would be 6 to 8 smaller local trucks a day Ivlonday thru Friday. These trucks would [eave in the morning, pick up or de[iver goods [oca(ly, and retum in the afrernoon. — The lar�e traifers rypically take 3 or 4 hours to toad. However, a traiter may site at the dock for a day or tw�o until it is picked up. The truck engines would be tumed off and would not run whi[e the trucks are parked. Electrica( hook-ups for engine heaters would be provided in the winter. If trailers wi(I be parked for more than a few hours, the tractor is unhooked and leaves the site. — Some of the semi-trailers wouid have refri�erator units. However, Dawes wou[d not 6e handlin� perishable good such as produce and so tucks with refri�erator units would not run them while they were at the site. — There would not be any fuelin� stations or main[znance shops on site. • Existing operation Staff visited Dawes current location in Roseville rivo times and observed the FOI IOR7Ro: — On Thursday, March 11 at 4:00 PM there �vere 10 trailers parked at dock doors and additional trailers parked on the site away from the buildin�. (These trailers did not have any engines • ranniag.) There was oae tr¢ck backina up to a dock and in the aext 15 minutes nvo more trucks arrived on site. (These trucks had their en�ines runnin�.) — On Monday, March 2� at 8:00 thz business �vas closed. There were approximately 10 trailers parked at dock doors and other trailers parked oa the site away frorri ihe buildin�. One parked truck was runnin� and had its li�hts on. 4. The site plan The plan shotivs a 27,740 square foot building. Ii tivould be 294' long oa the side facin� Fairview and 93' deep. It woufd be 28'-5" talL The buitdin� would have a small ofFice on the south end but most of the building �vould be for storin� and handling goods. The building would have 21 overhead doors for laroe trucks on the west side (facin� ativay from Fairview) and 5 doors for smalfer, local trucks on the north side (these woufd be visible from the street). Access would be provided using rivo existin� driveways on Fairview. The site also has access from an existing driveway on Prior. Reqnired findinas Sec[ion 62.108(c) of the Zonin� Code says that in "order to approve the site plan, the plannin� commission sltalf consider and find [hat the site plan is consistent with" the fol(owin�: (a) The city's aclopted comprehensive p1ar: and developmznt or project plans for sub-areas of the city. Thz 1930 Ciry' �Vide Land Use Plan that �vas in effec[ «hen this project was submitted to the City for site plan revie�v says: . s �� - s a' ZF �99038 • Pa�e 3 of Resolution - The City should Encoura�e conditions which allow the mixing of appropriate light industry with housin� and commercial activities. - In cases of incompatible land use, the City will use the techniques listed above wherever possible to create or improve existin� buffers behveen land uses. [The techniques referred to include landscapin�, berming or fencin� perimeters and maintainin� buildin� exteriors to comp(ement adjacent land uses.) — The City will ensure throu�h it site plan review requirements that all new development provides adzquate bufferin� as part of its design. The 1930 District 11 Plan which is currently in effect lists the followin� goats: — bfaintain [he present balance beriveen residential and commerciaf and industrial use. — Develop buffers to separate residential areas from commercia( and industrial areas. — Confine through traffic to relativefy few streets, treat others streets as local, resident serving streets. — �Vhen developing major throu?h streets, minimize dztriment to borderin� land uses. — Fairview behveen Minnehaha and Pierce Butler should be de-emphasized as a through street and access form Fairvietiv to Pierce Butler c(osed. (This project is south of the area referred to in this recommendation.) The sire plan is not consistent with this findins but can be modified so that it is consistent: • — The esisting driveways on Fairview must be ctosed to ensure that trucks use Prior Avenue to en[er the site. — Adequate visual and sound buffers must be provided. (b) Applicable ardinances of the City of Saint Patrl. Althou�h truckin� facilities are a permitted use in an I-I zoning district, the site plan is not consistent with this findin�. However, it can be modified so that it is consistent: — The building setback on Fairview does not meet the minimum required setback and therefore must be increased from 6' at least 7'-5". — The site plan shows hvo drive�vays to Fairview Avenue. Fairview is not a truck route. The site has access to Prior Avenue, �vhich is a designated truck route. Therefore, the existing driveways on Fairview must be closed to ensure that trucks use Prior Avenue. — It is likely that without any noise miti�ation, noise from trucks �vill exceed the maximum feve(s permitted by the Saint Paul Iegislative code. Therefore, a noise study must be conducted to determine whether additional noise miti�ation is needed to ensure that the faciliry will compfy �vith the noise ordinance and help detertnine the design and location of any noise miti�ation that is needed. (c) Preszrvation of unique geologiq geographic or historically signrftcant characteristics of the city and environmentally sensitive areas. The sitz plan is consistent with this findin�. The site is a paved parkin� tot on industrial • ZF 99038 � ZF #99033 Page 4 of Resolution property and the surrounding area is a residen[ial neighborhood. (d) Protectian of adjacent and neighboring properties through reasonable pravi,rion for such matters as surface water drainage, soz�nd and sight buffers, preservation of views, light and air, and thase aspects of clesign which may hme substantia! effects on neighbaring land uses. The site plan is not consistent �vith thi; findin� but can be modified so that it is consistent: — The residznts in the area have complained in the past about truck tra�c on Fairview. The site plan calls for using the existiag driveways on Fairview. This uoald increase the amount of truck traffic on Fairview. The driveways on Fairview should be closed so that all trucks must use Prior Avenue. There is enou�h room to the south of the existin� main building for trucks to get from Prior to the ne�v buifdin� and trucks should be required to use this to minimize noise to the surroundin� residential neighborhood. — Noise from trucks on the site �vould have a substantial effect on neighboring residential land uses_on Fairview and Minnehaha. A noise study by an acoustical en�ineer should be reqaired to determine if noise barriers are needed and if they are, hocv big they need to be and where they should go. JLT is talking about constructing another building north of the truck transfer facitity and this could act as a noise barrier if it �vas (arae enough and it was for a use that did not generate significant additional noise. � • (e) The arrangement of bc�ildings, :�ses and facilities of the proposed development in order to assure � nbutting property ancUor its occ:rpants tivi11 nat be zmrecr,ronably affected The site plan is not consistent �vith this findina but can be modified so that it is consistent: — Traffic on Fairview Avenue is already hear,y. Permittin� the proposed truck facility to use driveways on Fairview would incrzase the amount of traffic and would unreasonably affect tlie residential neighborhood across the street. Therefore, the existing driveways on Fairview should be cfosed so that trucks use Prior Avenue. — The buildins is arranged so that most of the loading docks are on the ��est side of the baildin� and the buiidin� will block most of the noise from these docks from residents on Fairview. However, residents on Minnehaha will be hear noise from these docks unless noise barriers are built. The buildin� afso has fice docks on the north end of the building close to Fairview and noise barriers are needed for these docks too. (� Creation of energy-eonserving design through landscaping ancf location, orientation and elevation ofstruch�res. The site plan meets current standards for eneray conservation and is consisten[ with this finding. (g) Safety nnd com�enience of both vehiczrlar and pedestrian traffic bath within the site and in relntiof: to access streets, including traffic circulation features, the locations ancf design of entrances and exits ar:d parkir:g areas within the site. Public l�,'orks staff has revie�ved t(�e site plan and dztermined that the pfan, inc[uding use of existing the driveways on Fairview for the primary access to the truck facility, is safe and • consistent with ihis findin�. 7 q g�- sa� ZF k99038 • Pa�e 5 of Resolution (h) The satisfactory availability and capacity ofstorm and sanitary sewers, incZuding solutions to any drainage problems in the area of the development. There is adequaie sewer available. The applicant has not prepared a detailed storm water draina�e plan yet. The site plan is consistent with this finding if a condition is added that a draina�e plan must be submitted to staff for approval. (i) Sz�cient landscaping, fences, walls and parking necessary to meet the above objectives. The site plan is not consistent with this findin� but can be modified so that it is consistent: - Additional fences or walls must be constructed, if a sound study shows they are needed to block noise to neighboring houses. — There is no landscaping on the site now. The landscaping shown on the site plan should be increased by plantin� shrubs that grow at least 10' tall along the west side of the building. Additional landscaping should be planted around the perimeter of the site where ever noise barriers are required. The noise barriers should be setback 10' from the property line to provide adequate room for landscaping. Q) Site accessibility in accordance with the provisions of the Americans with Disabilities Act (ADA), inclt�ding parking spaces, passenger loading zones and accessible rozrtes. • The site plan is consistent �vith this finding if one additional handicapped accessible parking space is provided. (k) Provision for erosion and sediment control ns specified in the "Ramsey Erosion Sediment and Control Handbook. " The site plan does not show erosion or sediment control measures. A condition for approval of the site plan should be that an erosion and sediment control pfan must be submitted to staff for approval. NOW, THEREFQRE, BE IT RESOLV ED, by the Saint Paul Planning Commission, that under the authority of the City's Le�islative Code, the appfication for Site Pfan Review to establish a trucking facility on the west side of Fairview Avenue,'/: block south of Minnehaha Avenue is hereby approved, subject to the following conditions: I. Ariveways All truck traffic to this facility must use the south driveway on Prior Avenue and proceed via the area south of the main existing buildin�. Truck tra�c may not use Fairview Avenue. The two esistin� driveways on Fairview must be closed and replaced with curb and boulevard. Curb and boulevard work shall be by permit. If other uses are proposed on the site that generate levels of traffic that will not ne�atively impact the adjacent residentia( neighborhood, the City would consider pzrmittin� reopenin� driveways to Fairview for these uses as lon� as the trucking facility did not • have access to Fairvietiv. Reopening driveways shall be by permit. �� ZF #99038 Page 6 of Resolution 2. Hours Hours of operation must be restricted to 7 AM to 10 PM Monday through Friday to protect the adjacent residential neighborhood. The facility may not operate on Saturdays or Sundays. 3. Truck idling Truck en�ines must be turned aff �vhenever trucks are parked at the dock or on site waitina for more than 15 minutes to load or unload at the dock. 4. Truck parking Trucks may not stop or park on Fairview, Minnehaha or other nearby residential streets. (Pubfic Works says it can post signs cvhere needed to help enforce this.) 5. Noise analysis and noise mitigation A noise analysis must be done by an acousticat engineer. The acoustical engineer will be one agreed to by both the City and the applicant. The analysis will determine the [evel of noise that could be anticipated from the facility. If The noise analysis indicates that the facility without noise mitigation measures will exceed leve(s permitted under City noise regulations, sound miti�ation measures must be constructed to ensure that the facility conforms to City noise regulations. Such sound mitigation measures must be in place prior to operations beginning at the facility. If walls or fences will act as sound barriers they must be in place prior to operations. If another buildin� wilf serve as a sound barrier, the walls must be substantially complete prior to operations. • 6. Lighfina Exterior ti�htia� for the faciliry must be aimed and shielded to minimize glaze light and li�ht spill over on to adjacent residential property. 7. Setbacl:s and landscaping The setback on Fairview must be increased to 10 feet to permit enou�h • room for landscaping to soften the appearance of the buildin�. The setback shall be planted and maintained with plant material approved by site plan staff and which will grow at least 10 feet tall when mature in order to focm a continuous row alon� the entire east side of the building. Addi[ional landscapiag must be planted around the perimeter of the site where ever noise barriers or visual screens are required. The noise barriers or visual screens must be setback 10' from the property line to provide adequate room for landscaping. The esisting chain link fence in these areas must be removed. 8. Storm water management A storm water management plan must be submitted to staff for approval.. 9. Accessible parl:ing Oae additional handicapped accessible parking space must be provided. 10. Erosion control An erosion and sediment control plan must be su6mitted to staff for approval. 1\Pedlsys2\SHA RE DIBIRKHOLZ�PLANN ING\RES O LU"C�ILTResolution.wpd � 0 �� -�a� Saint Paul Planning Commission Ciri' Hall Conference Center 15 Kellogg Boulevard West A meeting of the Plannin� Commission of the City of Saint Paul was held Friday, Apri123, 1999, at 830 a.m, in the Conference Center of City Hall. Commissionen Present: Commissioners Absent: Mmes. Donnelly-Cohen, Duarte, Engh, Faricy, Geisser, McCall, Morton, Nordin and Messrs. Corbey, Dandrea, Field, Fotsch, Kramer, Mardell, Nowlin and Shakir. Messrs. Gervais, *Gordon, *Johnson, Kon„ and *Margulies *Excused VI. Neighborhood and Current Plannine Committee JLT Group Site Plan for a truckin� facility on the west side of Fairview Avenue, % block south of Minnehaha Avenue -(Tom Beach, 2b6-9086, LIEP) Commissioner Faricy reported that the committee met last Tuesday to review the site plan for Dawes Trucking Company, located on JLT property in the Midway. The Committee came up with a unanimous recommendation for the Planning Commission. MOTION: Commissioner Faricy moved approval ojthe requesred sire plan, subject to the fol[owing ten conditions: Drivewavs Al! truck traffiC to this jacility must use the south driveway on Prior Avenue and proceed via the area south of the main existing building. Truck traffic may not use Fairview Avenue. The !wo existing driveways on Fairview must be closed and replaced with curb and bou[evard Curb and boulevard work shall be by permit Ijother uses are proposed on the site that generate leve[s of traJfic that wi11 not negatively impact the adjacent residential neighborhood, the Ciry wou[d consider permitting reopening driveways to Fairview jor these uses as long as the trucking facility did not have access to Fairview. Reopening driveways shal! be by permit. 2. Hours Hours of operation must be restricted to 7A��1 to 10 PMMonday through Friday to protect tlee adjacent residential neighbo�hood Thefacility may not operate on Saturdays or Sundays. 3. Truck idling Truck engines must be turned off whenever trucks are parked at the dock or on site waiting for more than 15 minutes to load or unload at rhe dock. 4. Truck parking Trucks may not stop or park on Fairview, Minnehaha or other nearby � 7 • • �0 � t ct � - �S �-�i . residential streets. (Public Works says it can post signs where needed to help enforce this.) 5. Noise analysis and noise mitigation A noise analysis must be done by an acoustical engineer. The acoustical engineer wi!! be one agreed to by both the City and the applicant The anaZysis wi!! determine the level of noise that cou[d be anticipated from the facility. If the noise analysis indicates that the facility without noise mitigation measures will exceed levels permitted under City noise regulations, sound mitigation measures must be consiructed to ensure that the faci[iry conforms to Ciry noise regulations. Such sound mitigation measures must be in p[ace prior to operations beginning at the facility. If walls or fences wi!! act ar sound barriers they must be in place prior to operations. If another building wi[I serve as a sound barrier, the walls must be substantially complete prior to operations. 6. Lighting Exterior lighting for the facility must be aimed and shie[ded to minimiZe glare light and light spill over on to adjacent residenlial praperty. 7. Setbacks and landscaping The setback on Fairview must be increased to IO feet to permit enough room for landscaping to soften the appearance of the building. The setback shall be p[anted and maintained with plant material approved by site plan staff and which wi!! grow at least IO feet tall when mature in order to jorm a continuous row along the entire east side of the building. • Additional landscaping must be planted around t/te perimeter ojthe site where ever noise barriers ar visual screens are required The noise barriers or visual screens must be setback 10'jrom the property line to provide adequate room for landscaping. The existing chain link jence in these areas must be removed 8. Storm water management A storm water management plan must be submitted to staJf for approval. 9. Accessible parking One additional handicapped accessible parking space must be provided 10. Erosion control An erosion and sediment contral plan must be submitted to staffjor approval. Commissioner Nordin asked if the City would require JLT Group to come back for another site plan review if they decide to build the other building somewhere else on the site. Mr. Beach responded that they would. Commissioner Nordin commented that it is very difficult to control where the trucks park when they arrive afrer the site closes at 10 p.m. She asked if it might be possible to ask the truckers to park in a designated area in the rear of the site to idle their trucks. Ivir. Beach stated that it is his understandin� that the applicant would be a�reeable to desionatin� some spots down by Prior behind an existing buildin�. NIOTIOti Commissioner Nordin moved to add under the 4"' condition that the owners • establish an area of truck parking in the secluded southwest corner of the site jor early truck � I1 � ,ii r% ;i :� arrival; Commissioner Geisser seconded the motion. Commissioner Faricy informed the Commission that such a discussion took p(ace at the committee meeting and it was her recollection that they decided to leave that issue to ttte discretion of the Departmeat of License, Inspection and Environmental Protection and the owner to figure out a legitimate, logical place for them to park. Commissioner Geisser encouraged other commissioners to add their ideas. Commissioner Faricy added that some of these trucks will be coming in al( ni�ht long. Talking with a trucker, she found out that truckers must keep a log. They can drive for 10 hours strai�ht; then they have to be ofFthe road for 8 hours. If they drive 70 hours in seven days, they have to take 24 hours off: There is no question that these trucks will come and go at different hours. Many of these truckers are individual corporations. We will need to do something about these trucks or they will be lined-up on Prior, idling. Perhaps, afrer the noise analysis, something can be set up. Commissioner Fotsch realizes that if these trucks come in at different times, they will need to go somewhere. His concem is that if any of them aze allowed to come in, the hour requiremeni is eliminated. Once they get to the site, iYs another intrusion into the neighborhood. There aze many truck stops around the Interstate. He thinks they should be required to time their arrival into the site when it's open. He does not support the amendment. Commissioner Nordin stated that the reason why she is bringing pazking on-site to the table is because of her experience of living in the city. In the Northwest Quadrant where she lives there is a �Vards Distribution Center on the southwest comer of Snelling and Como. The owners of a handful of houses near there have done everything possible to try to get the City to help them, but there is no way to control the truckers. They come and go as they p]ease. The diesel's need to run in our cold climate. All the streets around the Wazds azea aze signed for no pazking after 10 p.m. and before 6 a.m., but the residents are constantly calling the police tellin� them that there are trucks pazked violating the law. Commissioner Faricy asked if Commissioner Nordin would go along with aliowing LIEP to make that decision with Dawes Trucking. Commissioner Nordin agreed to add that to the amendment. Commissioner Corbey asked Mr. Beach if the truckers will be empioyees of Dawes Trucking or independent operators in order to establish responsibility. Mr. Beach believes the truckers aze not employed by Dawes Truckin�. Commissioner Corbey thinks the Commission needs to adopt some type of motion that will cover these truckers, because if they're not employees of Dawes, they will be running wild. Commissioner Kramer appreciated the intent of the motion, but he feels that the Committee has put together a good resolution and he doesdt want to further complicate the issue. The nei�hborhood hasn't talked about the issue of a designated place for the truckers to idIe and the committee didn't address it. He said he was uncomfortable with trying to craft a statement today, about where the trucks wiil be allowed to id(e on-site without havine the appropriate � • • • )2 a�-Sa�t discussions. He sTated he is a�ainst adopting this amendment. If that decision is delegated to staff (LIEP), it eliminates any public involvement in that decision. Ma} be that's something the Commission wants to do, but that issue has not been addressed, and Commissioner ICr • not comfortable with inserting ii in as a condition. amer is Mr. Beach responded about the comment that if LIEP handled this issue, there would not be any chance for neighborhood input. He suggested that the amendment could be would detennine the truck idling area in consultation with the district co¢ncit. He added LIEP did phrased that LIEP make a decision about where the trucks could park and someone didn't ao �at if the decision could be appealed. o ree with it, Commissioner Nordin suggested different Ianguage for the amendment: The owr�er shall coordinate with LIEP and the district councii to establish a designated idfe area for afrer hour truck parking. The idle area shall be marked with adequate signage. Commissioner Geisser accepted the change in language. Commissioner Now]in stated that he wil( go along with the Committee recommendation, but he is still troubled by the bigger picture here. It is his understanding that the Commission is looking only at the site plan review because the zoning authorizes this use. This property is located on the edge of an industrial area that has had many trucking concems. It is a big chunk of land, and this is a very Iow intensity use, in his opinion. It's obvious that this use could create a problem. He wonders if the Committee got assurance that this use was " �� • area or did they make the assumption that, based upon zoning, they had to 0o with it. OK m this Commissioner Faricy responded that the Committee did look at the situation and the did the decision based upon the zoning because this site is zoned I-1. Y make • Commissioner Kramer asked for clarification on the amendment. Was it that there shall be this facility for parking on the site or that it wili exist if they can work it out? Commissioner Nordin replied that the amendment is intended to say that LIEP, the owner, and the district council shall discuss and determi�e whether ihere would be a designated "idle" area. If they agree to put one on-site, then the idle area shall be marked with adequate si�nage. Mr. Warner stated that it's good to invo(ve the district planning counci! if this altows for closer contact with the neighbors and their concerns. He asked Commissioner Nordin if, impl;c�t;n her motion, she was g�ving the district counci! some sort of veto authori Nordin replied that he is giving the neighborhood the option of having the trucks park ty. Commissioner anywhere they want on the street and having residents make phone calis to the police because the truckers are not followin� the signage or settling for the trucks to park on a certain of the site that would be the least disruptive to their residential neighborhood. respoaded that, with respect to zoning, the authority to zone is vested in the City and the ortion Planning Commission in their advisory capacity. It can't o an Mr� Warner exclusively, has the authority to decide the conditions, etcg If the mot on s t make sur t at the ❑eighborhood district council is involved in the process, thars great. If it is anythin� that, it would be an improper delegation of the City's zonin� authoritv. o more than CommissionerNordin asked ifthis issae coWd be delayed fortwo weeks, The Commission b' • �� � responded that it could not. Commissioner En�h spoke against the motion because: 1) it undoes the conditions in #3, #4 and #5; 2) there are a host of conditions already imposed; and 3) there's a dirth of knowiedge on • what the noise mitigation is going to be. She appreciates the motion because it's seems to be trying to contemplate some practical reality, but on the other hand, there's a gap of information the Commission is not even going to know. She also feels the motion is micro mana�ing what the staff is going to have to determine at a later date. Staff needs to have the leeway to implement all of these conditions, which she thinks are fairly restrictive and should be, considering where the property is. Commissioner Faricy called the question. Commissioner Nordin withdrew her motion to amend. Commissioner Faricy withdrew calling the question. Commissioner Field asked if the Commission acts today on the motion as it stands, can it come back at a later time, if the problem exists, and modify the site plan to permit such an "idling" area, if there's a human cry. Mr. Wamer replied that the Commission could do that. Certainly, if it appears in the future that the conditions are not being abided with, the City has a number of legal tools that it could take advantage of to bring a cause of action. Commissioner Field asked if, afrer the City undertook some type of enforcement proceedin�, could the Planning Commission modify the site plan to accomplish what Commissioner Nordin su��ested. Mr. Wamer replied that it all depends on the outcome of the enforcement action that City brings. Commissioner Field asked if the applicant, in this particulaz case, determined, that in light of police calls, it would make more sense to estab(ish a parking spot on their property for truckers • to park, could they then apply for a revision of their site pIan, which woald then be subject to staff and eventually, Planning Commission review. Mr. Wamer replied thac they probably could not. It is their property; it's a permitted use. If they wanted to establish a parking azea, it probably wouldn't require any City review. Commissioner Nordin asked if a legal recourse was the only recourse the neighborhood might have if there is a probtem in the future. Mr. Wamer responded that the City has a variety of tools that it could exercise, legaliy, to address the problem on-site, if there are problems and complaints are made. The nei�hbors have the option of a number of legal theories they could apply. Commissioner Corbey, referrin� to the letter received from the JLT Group, stated that they proudly say that they own approximately 2 squaze feet in the Midway area. He asked if the Planning Commission could suggest that they allow the truck parking for Dawes on other property owned by JLT, perhaps at 739 Vandalia Street, in order to sett(e this situation. Mr. Warner replied that it could. Commissioners Dandrea and Donnelly-Cohen abstained from the discussion and also from the vote. � � !'f �g - s a`t The motion on the floor to approve Ihe requested site plan with conditions carried on a roll ca!! vote (Dand�ea ¢nd Donnelly-Cohen ¢bstaining), • �• Communications Commitfee Commissioner ICrar�er reported that the Committee is waiting for the first draft of report from the City desi�er. the annual �- Task Force Repo� Advertisina Si n Committee Prelimina n' Re ort -(La�, Soderholm, 266-6575) Commissioner Field reported that the task force held a it was moved to lay the matter over in its entire meeting one week ago, Thursday, where known, regarding the use of amortization. � until the outco me of pe�ding legislation is Commissioner Engh, referr�ng resolution to adopt the Saint to the following provision in the recentl on it vis-a-vis state law that wou d�o err r e an ecial District Si y p�sed City Council gn Plan, asked what is the timing y sort of study on the use of amortization: RESOLVED, that the Council requests that the Plannino back to the City Council within six months as to the use of amortiz 4on for e bi(Iboards in the Saint Anthon Park, and report Specia( Sign Districts and as to the a Grand Avenue, Smith Avenue and mOVal of ppropriate amortization eriod Hl°h�a�d Village Mr. Ford res p for such uses; • ponded that in the City Council's adoption of that the amorti2ation provision was eliminated. Mr. Ford asked Mr. Soderholm if there was an Mr. Soderholm replied that the Planning Commission's report wili consist of hvo sentences if the law is y��er clarification on the study. with regards to nd make rts ci�ement for the Plannin� Counci( approved the resolution to have a s o Commissio to finish its work ty-wide rec ommendations. He added that the City following up with an ordinance amendmentth k,;i�n district for District 12, M W the four readings, and also requires a public hearin go before the Ci rner is already says the g but it will do exactly�vhatithe�re ol � nugh y are on record as S�pporting. Mr, W�er believes that ordinance next Wednesday's agenda for third reading, wi11 be on Commissioner Field elaborated that there is a petition circulating involvin nuisance as reflects bi(Iboards to go onto the ballet. He added that his understandino that special sig� districts were to g some theory of voted in opposition to the Saint Antho y gpe�a�ls� 9°ality ofa a h� been of the Saint Anthon area. p� area. He noted that he the use of a special sign district on an entire area � on District because it was all enco if it were possible, that the Advertising Task Force ook at special area, e.g., Grand Avenue. In the case of Saint Anthon o res ect ce tooi to accomplish an objective that Saint Anthon p � 4ua(ities of a with the intent of the s ecial si� Y he found it was used more as a Y Pazk wanted, but he didn't see it in keeping districts in eve P an district. He thinks the Commission wi(! be seeine ry planning district of the city, and he doesn't think that w legislation. o Special sign as the intent of the • � �� Saint Paul Planning Commission City Hall Conference Center 15 Kellogg Boulevard West A meeting of the Planning Commission of the City of Saint Paul was held Friday, March 26, 1999, at 8:30 a.m. in the Conference Center of City Hall. Commissioners Present: Commissioners Absent: Mmes. Duarte, Engh, Geisser, McCall, MoROn, and Messrs. Corbey, Dandrea, Field, Fotsch, Gervais, Gordon, Johnson, Kramer, Mardell, Margulies, and Shakir. Mmes. *Donnelly-Cohen, *Faricy *Nordin and Messrs. Kong and *Nowlin *Excused Also Preseat: Ken Ford, Planning Administrator, Jean Birkholz, Martha Faust, Tom Harren, Nancy Homans, Larry Soderholm, Jim Zdon, Department of Planning and Economic Development staff; Tom Beach and Bob Kessler from the Department of License, Inspection and Environmental Protection. IV. PUBLIC HEARING: Site Plan Review for a trucl:ing facility on the west side of Fairview Avenue,'/z block south of Aiinnehaha Avenue, JLT Group (Tom Beach, 266,9086, LIEP). Chair Morcon read the rules and procedures for pubiic hearin�. Mr. Tom Beach eave a short presentation before testimony w�as taken. JLT Group submitted a site plan in February for a new truck transfer faciiity. Eazlier this month the Hamline-Midway Coalition asked the Plannine Commission to hold a public heazing. Mr. Beach noted that since the staff report was written, there have been more discussions with JLT. There are some chanees to the written staff report; a sheet has been passed out reflecting those changes. The properry at 625 Fairview Avenue is owned by JLT Group; the wcking facility will go on a eastern portion of the property, next to Fairview Avenue. JLT will build the building and the facility wilf be operated by Da�ves Trucking. Most of their business involves bringing in a variety of goods from local businesses using smaller city trucks. Those goods aze brought inio the building, consotidated into packa�es by location and loaded onto semi-trucks that make the deliveries. Dawes Truckine is currently located in Roseville. They are relocating because they need more room. Mr. Beach show�ed stides of the site. � \J � u �� � � -S �-� John MacDaniels, owner of Dawes Truckin�, informed Mc Beach about their operation. 11te • facility will be open Monday through Friday; it's normally closed on weekends, but an occasional truck will come in. Durin� the week, they open about 7 a.m. Tuesdays and Fridays are generally the busiest days and they stay open unti] midnight. On Mondays, Wednesdays and Thursdays, the facility is open until 8 or 9 p.m. The peak hours are in the late aftemoon from 3 to 6 p.m. Right now they have 35 semi-trailers a week taking freight out; and about 10 semi-trailers a week bringing frei�ht in. They also have from six to ei�ht local trucks coming and going each day, Monday throu�h Friday. Typically, the semi-trailers take three or four hours to load or unload. Sometimes trucks leave their engines on while they are loading or unloadin�, but they don't leave them on overnieht. There will be electrical heaters provided in the winter so that they won't need to run their heaters all night. Some of the trucks will have refrigerator uniu, but they will not need to be running. There will be no fuelin� stations or maintenance facilities on the site. The Board of Directors of the Hamline-Midway Coalition voted unanimously to oppose this project. Two letters were received from the neighborhood; one was in opposition; the other was in support. Next, Mr. Beach went through the required findings. The first one states that the Planning Commission shall consider and find that the site plan is consistent with the city's adopted comprehensive plan and development or project plans for sub-areas of the ciry. Since the City's recently adopted comprehensive plan was not in effect when this application came in, the fortner plan must be used. The plan says that in cases of incompatible land uses, the City wi(I use techniques such as landscaping, berming, or fencing site perimeters in maintaining building • exteriors to create buffers bern-een ]and uses. The District 1 I Plan also talks about creating buffers to separate residentia! areas from commercial and industrial areas. It also talks about traffic concems. Staff thinks that the site plan can be consistent with these policies if noise barriers are erected. The exact design of these noise barriers hasn't been worked out yet. 3LT Group is talking about putting another buifdins alon� Minnehaha for something like mini- storage that wouldn't create much noise, which might act like a noise barrier, if it is built. If the building is not built, perhaps some walled fences will need to be built along Fairview. The earlier staff report also recommended closing all the driveways on Fairview so that trucks would need to come in off Prior. Afrer talking with JLT, staff has modified its recommendation on this. JLT says they need access on Fairview because they glan to su6divide the property. Now, staff recommends that the northem most driveway is closed and JLT has agreed. The next finding is that the site plan must be consistent with the applicable ordinances of the City of Saint Paul. Trucking facilities are a permitted use on this property since it is zoned I-1. A question that came up here is whether or not Fairview is a truck route. The City Attorney said that Fairview is not a truck route, however, the regulations say that trucks can use a non- truck route "when necessary in entering or leaving a truck terminal" and then they must use the shoRest route to get to a truck route. JLT says they won't have access to Prior Avenue (a truck route), so staff is recommending they have at least one driveway out to Fairview. Staff originally recommended that there be a sound study done to see if the City's noise ordinance would be exceeded, but since has decided that would not be necessary. A reasonable solution might be attained if they decide to erect the other building. There's a small discrepancy as faz as the setback from Fairview Avenue. It needs to be a little bigger than shown. StafF is • recommendin� that the setback be increased. � �� The next finding has to do with preservation of unique geological, geographic or historically significant characteristics of the city and environmentally sensitive areas. The site doesn't fall into those categories. The were some concems raised by the neighborhood concerning . environmental issues, particularly, air quality. Mr. Beach said he called the Minnesota Pollution Control Agency and the Environment Quality Board about the issues. Both said that this faciliry was quite a bit smaller Than anything that would trigger any formai environmental review. Both also said that a situation may cause irritable odors without violating any ordinance. Perhaps, there may be a restriction on when wcks tum off their engines. The next f nding deals with protection of adjacent and neighboring properties. Staff is now recommending that it will meet that finding if they close one driveway on Fairview Avenue and put up the noise barriers. The next finding has to do with the arrangement of building and uses. Staff is recommending that the plan is consistent with that finding, if the changes are made. Re�arding energy conservation, the plan is consistent with the current practices. Regardino safety and convenience of both vehicular and pedestrian traffic, Public Works reviewed this site plan and determined that the plan, induding the use of the existing driveways on Fairview for the primary access to the truck faciliry, is safe and consistent with this fmding. Drainaae. The site plan doesn't deal with that yet, but can be added on if these other things aze approved. Landscaping, fencing, wails, and parking. There witl be some kind of requirement for either • walls or buildin�s to block sound. Staff recommends that there be at least 10 feet between the building and the sidewalk to plant vegetation. Site accessibility. They need to provide one more handicapped parking spot. Erosion and sediment control. They don't yet have a plan. Staff recommends approva( of the site plan subject to the following conditions: 1. Driveways. The north driveway on Fairview must be c[osed and the south driveway must be widened as determined by Public Works to handle lazge trucks. 2. Souad barriers. Sound mitigation measures must be designed and constructed to ensure that the development conforms to City noise regulations. If walls are required for sound barriers, they must be in place before the building is occupied. If another new buiIding will act as a sound banier, work must begin on that building before the trucking building is occupied. 3. Truck idling. Truck engines must be tumed offwhenever trucks are at the docks or aze standing on the site waiting to get to a dock. More discussion on that this moming leaves this up to staff, the neighborhood and JLT to work out. 4. Parking on adjacent streets. Trucks using this site may not pazk on Fairview or Minnehaha. 5. Hours of operation. Hours of operation must be timited to between 6 a.m. and 12 midni�ht. . 6. Setbacks and lattdscaping. The setback on Fairview must be increased to 10 feet to permit � �� �g-S�y enou�h room for landscaping to soften the appearance of the buildina. The setback must be • planted with shrubs that will get at least ] 0 feet tall when mature to form a continuous row alon� the entire east side ofthe building. Additional ]andscaping must be planted around the perimeter of the site wherever noise barriers are required. Noise barriers or other new buildings must be setback 10' from the property line to provide adequate room for landscaping. 7. Storm water plan. A storm water management plan must be submitted to staff for approval. 8. Accessible parlting. One additional handicapped accessible parkin� space must be provided. 9. Erosion and sediment control. An erosion and sediment control plan must be submitted to staff for approval. Commissioner Field sfiated he is distressed by Mr. Beach's comment that we just pass over the issue of truck idlin�. He noted he would be interested in the discussions that took place this mornin� and how it's possible to come up with a recommendation like that. Mr. Beach replied that the discussion was with the o�vmer who said that there are times, especiafly during the winter, when truckers don't want to shut off their engines. Commissioner Field asked if the nei�hborhood was involved. Mr. Beach responded it was not. Commissioner Gordon asked what noise mitigation efforts Mr. Beach recommend. Mr. Beach noted that they would depend on whether the other building goes up. If the building is e�ected and if it's a use that doesn't generate additional traffic, it should take care of much of the • problem witli noise bouncin� up to Ivfinnehaha. In addition, he thinks there should be a wal( or fence along Fairview Avenue. If the buildin� doesn't get built, then the City would require more noise barriers. Commissioner Gordon asked how high those would be. Mr. Beach replied that hasn't been worked out yet. It would be a solid barrier. Commissioner Gordon asked if JLT just needs to begin work on the other building in order for Dawes to occupy the truck building. Mr. Beach stated that was reasonable. Commissioner Gordon asked if Mr. Beach is satisfied that the other building or solid barriers will adequately mitigate the noise emanating from this operation. Mr. Beach replied that he was because the people who wouid be affected most are those east along Fairview, they are dosest to the trucks. He is confident they will not hear anything because the docks are on the opposite side of the buildin=. A wall can be placed north alon� Fairview to help on that side, and if the building is erected, it should take care of the noise problem. If the building is not built, then perhaps a wing wall coming out of the north end of the building may need to be built. Commissioner Gordon asked about the noise from the trucks ingressing and egressing from the building. Mr. Beach stated there witl be noise from trucks. Commissioner Gordon asked how Mr. Beach knew that the noise from the lrucks entering and exiting wouldn't be excessive. Mr. Beach stated that he knew for sure that the noise would not violate the City's noise ordinance based on past experience with other cases. Mr. Beach added that there was no formal testing done in this case, but the architect did check w ith a noise meter. Commissioner Gordon stated that he is concemed about the fact that the initial recommendation included a noise study and the revised recommendation does not. He asked why that requirement was dropped; it would indicate, with an acceptable level of confidence, whether the noise is going to be unacceptable or not. Mr. Beach replied that staff is confident they will be able to evaluate whether the proposal will meet the standard or not. � Commissioner Gordon asked who would select the company or individual to perform the noise study. Mr. Beach said that in the past, the applicant has selected the person and the City has `�� )9 either accepted the person or su�gested ano[her. Commissioner Gordon asked if there was a down side for requirin� the noise study before approvins an application. Mr. Beach responded it is primarily the cost to the developer and about a two week delay of the project. • Commissioner Geisser asked Mr. Beach what the decision was on how these added trucks would affect the level of air quality of the neighborhood. Mr. Beach replied that staff at the Minnesota Pollution Control Agency and the Environmental Quality Board indicated that this would not require an environmentai assessment worksheet (EAW) or an indirect source permit. Their professional judgment was that in terms of air quality tha[ can be measured, this would not violate standards that they have; there might, however, be a problem w�ith odor. Commissioner Geisser was concerned about their making these judgtnents without doing any type of study. Mr. Beach stated that this is a case that is far below what they would normally be concerned with. He asked the Environmental Quality Boazd what their threshold was and they answered that with a trucking facility, it needs to be 600,000 squaze feet; this is 25,000 squaze feet. Commissioner Geisser asked if the City has any ordinances that are separate from these in terms of level of noise or air quality, where abutting a residential neighborhood. Mr. Beach replied that the City has a noise ordinance, but not an air quatity ordinance. h1r. Bob Kessler, Director for the Department ofLicense, Inspection and Environmentai Protection addressed the Commission. He stated that the reason he did not feel that a noise study was necessary because there are often noise studies done where they rarely show that the new use will be in violation of the City's noise ordinance. Sometimes ho�vever, there aze complaints about noise whether or not the facility meets the threshold in the ordinance. Then the department needs to do whatever it can to mitigate the noise even thou�h it doesn't violate the ordinance. Commissioner Corbey asked how many decibels is estimated a truck emit; entering and leaving • the premises, and what does the ordinance call for. Mr. Beach rep[ied that he doesn't have a figure on decibels when a truck enters or leaves a facilit} or drivin� by. The ordinance deals with a more lon�-term noise, e.g., a truck idling. Accordina to the ordinance, the noise has to be present more than 10% of the time in a given hour. In this case, you can't exceed 75 decibels during the day (measured at the residential zoning line) and from 11 p.m. to 7 a.m., that drops down to 5� decibels. There is a graph on page 16 of the staff repoR that helps to define those levels. The level that you'd find in a private office is 55 decibels; 75 decibels is a large gathering of people or downtown Saint Paul. Commissioner Mardell asked where other truck terminals are located in the City of Saint Paul, and if there are any other truck terminals that are located in close proximity to residential neighborhoods. Mr. Beach listed: 1) the Burlington-Northern facility on Pierce-Butler (noise within the site); 2) a trucking facility on West Minnehaha near Dale (some problems); 3) a trucking facility on Petham Avenue, soaYh of University Avenue thaY are similar types of facilities in the City. There are complaints from time to time. Commissioner Corbey asked if it woutd make a difference if the docks on the north end of the building were moved to the south side of the building so the noise and pollution wouldn't spill into the neighborhood on Minnehaha. Mr. Beach repiied that if the docks were on the south side, they would interfere with the Fairview driveway. Commissioner Corbey asked why the entrance to the facility could not be along Prior Avenue, a truck route. He noted that the buildings along there are old and di(apidated and wondered if there would be a comprehensive • plan in the future to redevelop that wfiole iayout of buildines. Mr. Beach responded that the �' 0 aq -�S ��I drive�vays alona Fairview have been there for years, and the applicant has objections to closing • those driveways because of possible fumre plans for the property. Commissioner Gordon asked if the noise study would be of help in determinina what the noise miti�ation efforts should be. Mr. Kessler replied that Mr. Beach is the expert on that and coutd provide advise on what types of walls or barriers or miti�ation measures might be employed. He has done that in many cases in the pazt, so the City would not necessazily need a consuitant for that. When there is noise disturbing a neighborhood and it doesn't violate the City's ordinance, which is usually the case, it is di�cult to come up with measures to do what is necessary to help eliminate the noise. Commissioner Gordon asked if the noise study would be of help in deciding issues like whether an operation should not run until midniaht, but only until 10 p.m. Mr. Kessler replied that it is possible that a professionally done study could provide information that staff could not gathec. In this case, Mr. Kessler didn't think it was a likely possibility and he didn't think that there was enough unknown information to require a study to be done. Because this facility has not been fully used for a long time, it is naturally going to be disruptive to the neighborhood. Mr. KuR Williams, JLT Group, gave a short presentation. This formerNavy and Unysis facility was purchased by JLT Group three years ago. A substantial amount of that property has already been re-developed. They hope to build four more buildings on this site. Under this proposal there are two buildings (the second one will take 60 days to confirm). The site is zoned industrial and JLT knows that this is a good project. Dawes Transport has a July move-in timetable. • Commissioner Field asked what types of use the additiona( buildings at this site will be. Mr. Williams replied that as a developer, he doesn't kno�v the answer to that question. The second building on this site wif] be a mini-gara�e. The other buildings probably wil] be office buildin�s. Commissioner Gordon asked if working out the noise issue might include doin� a noise study. Mr. Wifliams replied that he is not sure how to do a noise study. Commissioner Gordon asked if he had a problem with hiring a consultant who knows how to do noise studies. Mr. Williams responded that a noise study is a matter of timing and cost. Commissioner Gordon asked what it would cost to have a noise study done. Mr. Williams answered that he did not know. Public testimony began. John Van De Weghe, 1807 Blair Avenue, addressed the Commission in opposition. He was the lead speaker for the neighborhood delegation who a�e opposed to the facility altogether. His concerns are noise, air qua(ity, safety, etc. On Tuesday, he sat in his car from 4:55-5:10 p.m. on Minnehaha and Fairview. He counted 200 cars or vehicles that came through the intersection in fifreen minutes. Mr. Van De Weghe also submitted written testimony from a neighbor. 2. Thomas Minder, 764 Tatum Street, addressed the Commission in opposition. He stated that his community is a socioeconomic diverse neighborhood and a benefit to Saint Paul. Already existing in the neighborhood is an industrial corridor (Pierce Butler Route), carrying a lot of truck traffic. It is four-five blocks from his house, yet they heaz the traffic • on it all day long. Burlington-Northen, to the north is the same situation. To the west is the Amtrak Station, with trains arriving at midnight and at 7 a.m. To the east, they have the x 21 hiehest pollution area in the Twin Cities, the Snelling-University intersection. Further to the north is the Saint Paul Stadium, a great benefit to the city, and in the summer months • the neighborhood listens to the crowd cheering. To the south is University Avenue and all summer long, hot rods travel up and down University oa Friday and Saturday nights, which makes a lot of racket. The neighborhood is overtvn with noise and air pollution. His children are awakened every moming now at 7 a.m. without the truck transfer facility. He feels this truck facility will break the community, an asset, a model of community activiry. The community has worked with landowners in the past to resolve problems. Economic development is obviously, a very important issue in the community. It's important to the Ciry of Saint Paut; iYs important for JLT to make a profit and the community invites them into the community to do so. Clearly, JLT has not invited the neighborhood to the table to discuss iT. He inveTed JLT to come up wiYh a business plan that makes the money, provides jobs for the neighborhood and the Ciry of Saint Paul, and becomes a partner with the community, not a detriment to it. Commissioner Gordon asked if there have been no meetings between JLT and the community. Mc Minder replied there have been two meetings; he was unable to be present at the meetings. 3. Michael Samuelson, 17�8 Hewitt Avenue, addressed the Commission in opposition. He referred to finding 62.108 of the Zonin� Code in regard to the site plan. This type of firm, a trucking firm, is not appropriate under the Comprehensive Plan: The Land Use Chapter. These types (truckins facility) of uses should be considered to be restricted. There is an issue of concern hare about the best use of this land. The neighborhood appreciates the oppoRUnity for JLT to move into the neighborhood and provide for appropriate job producing businesses. Under the Port Authority's rule of assistance programs is "per 1,000 • square feet of building space there is a minimum of one job on a site coverage of 30% per site." This plan does not even come close to this. This will not provide livin� wage jobs for the community. Fifteen years ago, this site was projected as an opportuniTy to provide living wage jobs in light industrial work that would employ the residents of our community. That �vould be welcomed, but a trucking ftrm that brings noise, disturbance, complaints, pollution, etc., is not appropriate under the Saint Paul Comprehensive Plan: the Land Use Chapter, and specifically, in the goals and objectives of the City to bring firms that provide jobs. This will not provide jobs for Saint Paul. In addition, he echoed the concems of the previous speaker, Thomas Minder, by sayin� that this use will force people out of the neighborhood, the community they have chosen to live in. The community already lives with noise on all four sides. This use will bring trucks up and dowm Fairview Avenue (not a truck route) because JLT wants tfie entrances there. They shouldn't be allowed to do that. If you allow them to do that, how and where does the community go to respond? Mr. Samuelson noted that if he were to add a third story to his home, which is not allowed, he would be in trouble. This is an incompatible use with the Land Use Plan and with the long range vision of this community. He asked the Commission to oppose this site plan and recommend that JLT work with the community to find a compatible use. The community woutd be willing to a(so work with the Port Authority and the Plannina and Economic Development staff to come with a re-development plan. He asked that the Commission put a moratorium on this site altogether in order to work on a coraprehensive pian for this siYe. Chair Morton asked Mr. Beach to clarify whether this site plan complies with the Comprehensive Plan. He stated that a new Land Use Plan was just adopted and he originally • cited that in the staff report. The City Attomey advised, however, that the o]d Land Use Plan be referred to because the new one w�as not in effect when this plan was submitted. This use is in A' qt a�-sa� conformance with the earlier Land Use Plan. • 4. Joe Potraski, 1636 Minnehaha Avenue West, addressed the Commission in opposition. He stated that he is very disappointed with Mr. Beach's stance because he is basically, asking the snake not to eat the mouse and then lea�ing it up to the snake to make sure he doesn't eat the mouse. There are too many questions about the noise and pollution that he is leaving up to JLT. The proposed semi-truck transfer station is not a proper use for this site in this neighborhood. The zoning of this lot allows for many uses, but the proposed use is not a proper use in the community now. Semi-trucks aze already illegally using the community's side streets. JLT has already admitted, previously, that it can have no influence or control over the semi-truck drivers once they leave their property. The City of Saint Paul cannot now protect the community from the illegal use of iu sides streets by the j semi-truck drivers. Everyone existing in the community has a responsibility to not cause � damage to the community, which the semi-truck uansfer station certainly would. The very loud beep, beep, beep that is required by law when the trucks back up can be heazd from Burlington Northem on a day when the wind is not blowing in the opposite direction, one- half mile from his house, as the crow flies. With the transfer station just right across the street from many homes, the loud beep, beep, beep will be a constant disturbance. The level of the beep cannot be lowered because of OCHA's standards. T'he pollution caused by semi's running, not only in the winter, but also in the summer for the air conditioning, will be a problem. There are many decisions which Mr. Beach has lefr the community out of. He has bowed to JLT and JLT's architect. He is glad that the Commission has noticed these failures and encouraged the Commission to tum dow�n this project. He noted that he has worked with the MPCA for 2%z years to try to get them just to notice the smell coming from the factory on Minnehaha and Fairview and Minnehaha and Fryer. lfiey have failed • to find it. They have failed to stand up for the community. He stated that he is very uncomfortable in leaving anything to JLT because once they are there, iYs going to be ev8n harder to enforce. He added that he is happy with what he has experienced here today. He thought he would come here and experience peopte who really didn't have much interest or questions, but he was pleased to hear the wise questions that were asked by the Commission. 5. Ron Williams, 779 Clayland Street, three blocks from Minnehaha and Fairview, addressed the Commission in opposition. Three years ago he and his wife bought their house with 0 dollars down in an area with busing and one they could afford. They aze very concemed that the JLT proposal could mean that they will be stuck in a deteriorating neighborhood. Mr. Williams is representing the Sierra Club this morning whose goals include "to protect the quality of the namral and human environment." The focus of his concem today is the protection of kids. In a couple of days, the Sierra Club intends to submit an Environmental Assessment Worksheet petition. This petition stresses that there are certain envuonmental problems that need to be addressed by the City conceming the JLT proposal: 1) safety; 2) noise; 3) air quality; 4) visual quality; 5) light pollution; and 6) water. The JLT proposal brings a very serious safety concern to the children of the community, especially to Fairview Avenue children. For this reason, it is imperative that the JLT be prohibited from using Fairview Avenue for their trucks. Twenty trucks per day running until midnight will bring a serious noise issue. It dcesn't have to be this way. There is no reason why a facility that is compatible with the residential neighborhood cannot be placed on this property. An additional twenty trucks per day will have a serious air poilution impact on an azea that is • now only 12 blocks away from Snel(ing and University, the most air polluted point in the State of Minnesota. He encouraged the Planning Commission to recommend doing and � 2Z EAW for this proposal. He noted that the developer is threatening the City with deadlines, hopin� that the City will rubber-stamp their request. This is very inappropriate; the City • must reasonably consider the developer's request. 6. Ken Schuba, 179� Blair, addressed the Commission in opposition. He asked the Commission to wnsider what impact this facifity will have on some of the community's sources of income. His wife is a licensed day-care provider, located less than'/z block from Fairview Avenue. Some of her clients have aiready expressed a concern about the idea of a warehouse being so close to the day-care. Their concems are the same as he and his wife: 1) heavy traffic; 2) noise; 3) lazge trucks; 4) unsafe driving habits; etc. Ifthese clients aze lost, it will be increasingly more di�cult to find new clients with these less than appealing aspects in the neighborhood. There are several home day-cares in the neighborhood. One is located directly across the street from the proposed site. This will definitely affect their ability to find and keep clients. The facility will not only affect the community's quality of life, but it will also affect its sources of income. If their income suffers, it has a ripple affect that affects more than just his family. They will not have the financial resources to maintain their property, their house value will fall, their neighbors' house value will fall, they may wind up on public assistance, and the pressures of financial instability affect ali members of a household. This financia( impact is of great concern to Mr. Schuba and his family. This neighborhood is on the up-swing. House values are going up. People aze takinL pride in their homes, doing work to update and remodel, all in an efFort to raise the qualit}• of living for everyone in the neighborhood. This nei�borhood has a home gazden show; a neighborhood that fights to have gun shops removed for safety's sake; a nei�hborhood that is concemed about the trucking facility that will decrease the aesthetics, increase the pollution, increase the noise, increase the crime, and in rurn, decrease the • values of their homes. The people who own this land do not need to worry about the issues that the neighborhood has. They will never be confronted with the likes of a trucking warehouse being built across the street from their homes. They will never need to worry about semi-trucks cruising down the streets that their kids will be riding their bikes on, diesel engines starting up at 5 a.m., or trucks runnin� all night long so that the drivers can sleep in their cabs. We do, and we are concemed; and we do not think that we should be affected by a big company getting big�er, especiatly at the expense of people trying to improve a wonderful part of our city. Obviously, this company is not trying to be a good nei�hbor. They, obviously, have no regard for the people who live here. How can we allow someone with so little concern for the community to start a business that will only cause more and more problems down the road. Last week the Roseville City Council, in their wisdom, stopped Cub Foods plans because "they fear the store will disrupt their ►ives around the clock with noise, fumes, trucks, loadin„ lights, and all the extra traffic." Mayor pon Wall stated, "My concern is that this a shopping center next to a residential area; it involves the wider community." Francine Panioa, 1800 Blair, addressed the Commission in opposition. She and her family also run the comer grocery store of the community at Minnehaha and Fairview. They purchased the building, approximately one year aso, to renovate it and bring it back to its old quality, its old look, and to keep the neighborhood a neighborhood, a store for people to go with their children and to send their children to. She is concemed for the safety of these children and their parents with their strollers. Another issue is the invasion of the lights this • company already has on the people who live on Minnehaha. The three tenants who live in her business buildin� have had the same privacy complaints. In the evening, the lights are � 2 '1 � a -sa �{ so imasive that they cannot just close their shades and be alone. The neighborhood expects � that this +nvasion will be mukiplied by a great amount. Already, they have had io invest in new shades and draperies in order to keep both the noise and lighu out of their own living rooms. There are some seventy plus children running around the blocks in a six block radius. More trucks travelin� in this community will make it even more dangerous than it already is with trucks using the side streets. The community would like to keep it a nice nei�hborhood for famities to feel safe. 8. Jim Twembold, 1762 Blair, addressed the Commission in opposition. He tives one block from the proposed site. He is concemed about security and safety issues. Within four blocks of this siie, there are two schools, several churches, several family services, and four parks. The buildings are primarily family-owned and occupied buildin�s. The neighborhood is full of kids. When the truckers deliver late at night, they will run their trucks all night. Just as one's house is maintained at a 70 degree temperature, they will maintain their truck at a 70 degree temperature so they can relax and sleep. There's also the issue of them spending the night there with no bathrooms; the issue of them storing empty trailers which can invite others to spend the night out of the rain or kids Iooking for a piace to cause trouble. There is no way of policing that. Locks only keep honest people honest. Any given day, you can see trucks going up and down the side streets. It was said that Fairview is not a designated truck route, but to the truckers, their time is money and they're going to take the shortest route from A to B. We don't need any more trucks going up and down the side streets. This company's busiest time is from 3- 6 p.m.; thaYs when the schools are getting out; that's when parents are either dropping off or picking up their kids from the local day cares. • The first tape ended here; the second tape was blank. 9. Maz�orie Schma]z, 1829 West Minnehaha, addressed the Commission in opposition. Ms. Schmalz lives right across the street from this proposal and is emotionally affected by blankness, e.g., the view of a close blank neighbor's house from their dining room window was remedied by the addition of a deck. Now, this proposal talks about putting up a long, high barrier along Fairview. She is also concerned about the air quality and odors the new use will cause. ]0. Bob Molden, 1817 Van Buren, addressed the Commission in opposition. Mr. Molden lives right across the street from the north gate on the proposed site. During the State Fair one year, there were 200 school buses that used this site to park. The noise and the stench were nearly unbearable, and that was just an indication to him of what they will face with this facility. He expects that twenty trucks is not the actual figure; there will be more and more. Eventually, the facility will turn into a monster. He feels that JLT needs help to find an alternative use and the community is willing to help him. Since Govemor Ventura is courting the movie industry, perhaps this facility could be used for that. I 1. Cheryf Hammerlindl, 672 NoRh Fairview, addressed the Commission in opposition. She and her husband live directly across the street from this proposed facility. Her fust concern is the safety of the children of the community. There have been six serious accidents at the gates on Fairview involving trucks. There are forty-two children on the block they live and • thirty-five children on the next block. The peak hours for Dawes is from 3- 6 p.m.; those are also the peak hours for children being outside. Another concem is that her husband works at night, so he sleeps during the day. With all the extra noise created by the trucks, fi� 2S he will have more difficulty sleepin�. 12. Steven Wilson, 680 Fairview Avenue North, addressed the Commission in opposition. He thinks that to keep the ingress and egress of this facility along Fairview is a very poorly thought-out decision. The added truck traffic will further endanger the children, shake houses, decrease air quality, and increase noise and light pollution. There aze other uses that woutd be rrtore appropriate for this site. 13. Roberta Mach, 1804 Englewood Avenue, addressed the Commission in opposition. Ms. Mach lives one block north of Fairview and Minnehaha and is concerned about home values goinL down and Fairview Avenue becoming a truck route. I4. Sara Oxten, 1798 Blair Avenue, addressed the Commission in opposition. Ms. Oxten has been impressed with the neighborhood, but is dismayed by the odors already there emanating from businesses. She was surprised to hear that Fairview was not a truck route. She thought it was because of all the truck tra�c. She thinks that JLT should be able to make money, but not at her and the neighborhood's expense. I5. Carol Minogue, 1846 Englewood, addressed the Commission in opposition. Ms. Minogue expressed concem about the property values of the community's homes going down if this faciliry is al(owed to locate on Fairview. She also submitted a letter from a neighbor. 16. Paul LaBelle, 1895 Tatum, addressed the Commission in opposition. His home is a day care and he is concerned, primarily, about safety. 17. K. Nighten�ale, ] 689 Van Buren Avenue, addressed the Commission in opposition. She mentioned that there are 54 block clubs in the neighborhood; there is great community involvement. If this proposed facility moves in, her family is moving out. Mr. Brian Houmann, JLT Group's architect, addressed the Commission, commenting that the Planning Commission should be concerning itse(f with site plan issues. The proposed facility is within its rights to be there. He explained that they will be taking down the pole lights and putting up building lights that shine into the site. Commissioner Geisser stated that the Planning Commission has a Comprehensive Plan that they expect people to respect. They also expect people to respect the health and safety issues of the community, a community that pays taxes. It is the intention of the Land Use Chapter to place more intense uses outward; less intense uses towazd residentiat neighborhoods. She noted that is apparent from the testimony that there is not a good understanding between the neighborhood and JLT. There aze other issues beside zoning that should be taken into consideration regarding this decision. Mr. Houmann stated that 7LT is bringing this use before the CiTy because this is what they have. Commissioner Geisser pointed out that discussions with the neighborhood are very important. Mr. Houmann said that JLT had two meetings with the neighborhood. Commissioner Kramer asked what specific changes resulted from the meetings with the community. Mr. Houmann noted the possibie erection of noise barriers. Commissioner Corbey asked if any consideration was given to locate this facility on the r1 LJ • • � 2L �a-��.y northwest comer of the site, and asked why they chose this section of the site. Mr. Houmann . answered that this facility would not fit as well on the northwest corner. Commissioner Mazdell added that the northwest site probably would not be as eas}' to access with the trucks. bIOTION: Commissioner Gordon moved to close the public hearing and refer the matter to the Neighborhood and Current Planning Committee; the motion was seconded by Commissioner Geisser and carried unanimously on a voice vnte. Commissioner Gordon urged the applicant to meet with the local community. V. Zonine Committee #99-030 Jonathan E. Waaner - Rezone from RT-1 to B2-C to allow for a therapeutic massage, rehabilitation and chronic pain center at 366 West King, between Smith and Manomin (Martha Faust, 266-6572). Commissioner Gervais reported that this case was laid over until the next Zoning Committee meeting, Tuesday, March 30. #99-031 Tena Lv - Special condition use permit to allow for on-site auto zepair at 1047 University Avenue, beriveen Oxford and Lesington Parkway, in conjunction with the vehicle warranties the applicant offers customers (Nancy Homans, 266-6557). bIOTION: Commissioner Gervais maved approval ojthe requested specia! cnndition use permit to a!!ow jor on-site auto repair at 1047 University Avenue, befween Oxford and • Lexington Parkway, in conjunction with the vehicle wurtanties fhe applicani offers custamers. Commissioner Geisser noted that this applicant came before the Commission in the past and the Commission allowed no repairs to be done on-site. The Commission recently had an extensive discussion about whether the proposed Ryder Truck rental facility was an appropriate use on the site directly to the west, given current plans calling for higher density uses on University Avenue. Why should University Avenue be allowed to have all these "interim" uses. Commissioner Gervais replied that all ofthose things were discussed at the Zoning Committee meeting, but fett Mr. Ly should be allowed to fulfil warranties he offers on used cazs. Commissioner Gordon added that Mr. Ly has just one bay for repair. He doesn't think this will afFect too much. Commissioner Shakir asked if the resolution will meet the district council's concerns. Ms. Homans replied that District 7 has raised issues related both to the previous prohibition of repairs on-site and to the large signs that were erected for a previous car dealer. She said that the district council is likely to be disappointed in the Zoning Committee's recommendation. Commissioner Kramer noted that there is no condition that limits repair work. He reported that the SCUP permitted for Ryder has been appealed to the Ciry Council. He asked if there was any prudence in waiting to hear what the City Council does in that case. • Mr. Ford stated that he thought each case should be considered on its own merits and this applicant should not have to wait for Ciry Council action on someone else's case. � i7 PLANNING COMMISSION STAFF REPORT 1. APPLICANT: JLT Group 2. CLASSIFICATION: Site Plan Review 3. LOCATION: 625 Fairview Avenue ('/: block souih of Minnehaha) 4. PLANNING DISTRICT: Hamline Midway Coalition (District 11) 5. LEGAL DESCRIPTION: See file 6. PRESENTZONING: I-1 7. STAFF INVESTIGATION AND REPORT: DATE OF HEARING: 3/26198 ZONING CODE REFERENCE: 62.708(c) DATE: 3/19/99 BY: Tom Beach 8. DATE RECEIVED: 2/23l99 DEADLINE FOR ACTION: 4/25/99 -------------------------------------------------------------------------------- -------------------------------------------------------------------------------- A. PURPOSE: Site plan review for a new truck transfer facility. B. PARCEL SIZE: The proposed building and the paved area around it for trucks would be cover 2.5 acres. It wouid be located at the east end of a larger piece of industrial property that runs from Fairview to Prior on the south side of Minnehaha and covers 14.5 acres C. EXISTING LAND USE: The area where the truck Vansfer facility would be built is currently a parking lot. There are two driveways on Fairview Avenue. (These driveways have gates which are currently locked and have snow in front of them indicating that they have not been used recently). The rest of the property has a variety of offices and industrial uses and more parking. The main building on the site has approximately 15 loading docks on the south (back) side. D. SURROUNDING LAND USE: The area to the east (across Fairview) and to the north (across Minnehaha) is residential. (Zoned R-4, RT-1 and RM-2) The area to the west and south is industrial. (Zoned I-1) E. ZONING CODE CITATION: Section 62.108(c) lists a number of findings that the Planning Commission must make in order to approve a site plan. These are listed and discussed in Section H below. F. HISTORY: The site has been had industrial uses for over 60 years. At one time Controi Data was a major tenant. JLT bought the property about 3 years ago and has been renovating the existing buildings. � DISTRICT COUNCIL RECOMMENDATION: The Hamfine Midway Coalifion requested a public hearing on this site plan. They have concems about truck traffic, noise and air pollution. Their Board of Directors voted unanimously to oppose the project. (See attached letters.) • • H. FINDINGS: 1. Dawes Trucking The truck transfer facility would be built by JLT and operated by Dawes Trucking. Dawes would bring a variety of goods to the site from local businesses using smaller � city trucks. The goods would then be consolidated inside the building and loaded onto semi- trailers and shipped out of state. Dawes currently operates out of a building located in Roseville. However, this buiiding is too small and Dawes wants to move to get more room �� �a-sa�{ 2. Proposed operation John McDaniels, the owner of Dawes Trucking, described the proposed operation to staff, including the hours of operation and the number ot trucks: Hours of operation • - The facility would be open Monday through Friday. It would normally be closed on weekends although occasionally there would be an individual truck on weekends. - During the week the facility would open at 7AM. Tuesdays and Fridays are the busiest days and the facility would normally stay open until midnight on those nights. On Monday, Wednesday and Thursdey the facifity would ciose at 8 or 9 P.M.. - Peak hours are late afternoon (3 to 6 P.M.) Number and types of trucks — There would be approximately 35 semi-trailer trucks a week taking freight out and another 10 semi-trailer trucks bring freight in. (On Tuesday and Friday when they are busier, there would be 10 semi-trailer trucks a day. On Monday, Wednesday and Thursday there wouid be fewer semi-trailer trucks. — There would be 6 to 8 smailer local trucks a day Monday thru Friday. These trucks would leave in the morning, pick up or deliver goods locally, and return in the afternoon. — The large trailers typically take 3 or 4 hours to load. However, a trailer may site at the dock for a day or two until it is picked up. The truck engines would be turned off and would not run while the trucks are parked. Electrical hook-ups for engine heaters would be provided in the winter. If traiters will be parked for more than a few hours, the tractor is unhooked and leaves the site. — Some of the semi-trailers would have refrigerator units. However, Dawes wouid not be handling perishable good such as produce and so tucks with refrigerator units would not run them while they were at the site. — There would not be any fueling stations or maintenance shops on site. 3. Existing operation Staff visited Dawes current location in Roseville two times and observed the following: • — On Thursday, March 11 at 4:00 PM there were 10 trailers parked at dock doors and additional trailers parked on the site away from the building. (These trailers did not have any engines running.) There was one truck backing up to a dock and in the next 15 minutes two more trucks arrived on site. (These trucks had their engines running.) — On Monday, March 25 at 8:00 the business was closed. There were approximately 10 trailers parked at dock doors and other trailers parked on the site away from the building. One parked truck was running and had its lights on. 4. The site plan The pian shows a 27,740 square foot buiiding. It would be 294' long on the side facing Fairview and 93' deep. It wouid be 28'-5" tall. The building would have a small office on the south end but most of the building would be for storing and handling goods. The building would have 21 overhead doors for large trucks on the west side (facing away from Fairview) and 5 doors for smaller, local trucks on the north side (these wouid be visible from the street). Access would be provided using rivo existing driveways on Fairview. The site also has access from an existing driveway on Prior. 5. Required findings Section 62.108(c) of the Zoning Code says that in "order to approve the site plan, the planning commission shall consider and find that the site plan is consistent with" the following: (a) The city's adopted comprehensive plan and development or project plans for sub-areas of the city. The City's recently adopted Land Use Plan supports "compatible mixed use". The site plan is not compatible with the adjacent residential neighborhood. The plan could be made more • compatible by closing the existing driveways on Fairview so that trucks must use Prior and installing sound barriers. The Land Use Plan also says the City should "consider alternatives such as special restrictions on large trucking firms." � G The draft District 11 Plan supports steps to mitigate the impact of the Burlington NoRhen intermodal freight yard which is located '/z mile to the north. Taking steps to mitigate the impact of this site would be consistent with that. (b) Applicable ordinances of the City of Saint Paul. • The site plan does not meet the minimum required setback along Fairview: the required setback for the buiiding is 7'-5" and the proposed site plan shows a setback of 6'. There is a question about whether Fairview Avenue can be used as a truck route. Staff is reviewing this with Public Works and the City Attorney's office and will have more information at the public hearing. There is a question about whether the noise from trucks wouid exceed the maximum levels established in the City's noise ordinance. Staff is recommending that a noise study be done to determine if mitigation, such as noise barriers, is needed to meet these noise limits. "fruckirtg facilities are a permitted use in an I-1 zoning district and the site plan meets all other applicable ordinances. (c) Preservation of unique geologic, geographic or historically sign�cant cha�acterisfics of the city and environmentally sensitive areas. The site plan is consistent with this finding. The site is a paved parking lot on industrial property and the surrounding area is a residentiai neighborhood. The neighborhood has environmental concerns about air pollution from existing truck traffic on the site and the additional fra�c that this facifify woufd generate. Staff is not aware that the site is in violation of any air quality regulations but is contacting the MPCA to confirm this. (d) Protection of adjacent and neighboring properties through reasonable provision for such • matters as surface water drainage, sound and sighf buffers, preservation of views, light and air, and those aspects of design which may have substanfial effecfs on neighboring land uses. The site pian is not consistent with this finding but can be modified so that it is consistent — The residents in the area have complained in the past about truck traffic on Fairview. The site plan calis for using the exisUng driveways on Fairview. This would increase the amount of truck traffic on Fairview. The driveways on Fairview should be closed so tfiat all trucks must use Prior Avenue. There is enough room behind the existing main building for Wcks to get from Prior to the new building. — Noise from trucks on the site would have a substantial effect on neighboring residential land uses on Fairview and Minnehaha. A noise study by an acoustical engineer should be required to determine if noise barriers are needed and if they are, how big they need to be and where they should go. JLT is taiking about constructing another buiiding north ot the truck transfer facility and this could act as a noise barrier if it was large enough and it was for a use that did not generate a lot of additional noise. (e) 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. The site plan is not consistent with this finding but can be modified so that it is consistent — The arrangement of the driveways wiU increase traffic on Fairview Avenue. The existing driveways shouid be closed so that trucks use Prior Avenue. — The building is arranged so that most of the loading docks are on the west side of the building and the building wili biock most of the noise from these docks from residents on • Fairview. However, residents on Minnehaha will be hear noise from these docks unless noise barriers are built. The building also has five docks on the north end of the building close to Fairview and noise barriers are needed for these docks too. 30 (� Creation of energy-conserving design through landscaping and location, orientation and aq 'S a � elevation of structures. • The site plan meets current standards for energy conservation and is consistent with this finding. (g) Safefy and convenience of both vehicular and pedesfian traffic both within the site and in relation to access streets, including tra�c circulafion features, the locations and design of entrances and exits and parking areas within the site. Public Works staff has reviewed the site plan and determined that the plan, including use of existing the driveways on Fairview for the primary access to the truck facility, is safe and consistent with this finding. (h) The satisfactory availability and capacity of siorm and sanitary sewers, including soiutions to any drainage problems in fhe area of the development. There is adequate sewer available. The applicant has not prepared a detailed storm water drainage plan yet. The site plan is consistent with this finding if a condition is added that a drainage plan must be submitted to staff for approval. (i) Suffcient landscaping, fences, walls and parking necessary to meet the above objectives. The site plan is not consistent with this finding but can be modified so that it is consistent: — Additional fences or walls should be constructed, if needed, to block noise to neighboring houses. — There is no iandscaping on the site now. The landscaping shown on the site plan should • be increased by planting shrubs that grow at least 10' tali along the west side of the building. Additional landscaping should be planted around the perimeter of the site where ever noise barriers are required. The noise barriers should be setback 10' from the property line to provide adequate room for landscaping. Q) Site accessibi�ity in accordance with the provisions of the Americans with Disabilities Act (ADA), including parking spaces, passenger loading zones and accessible routes. The site plan is consistent with this finding if one additional handicapped accessible parking space is provided. (k) Provision for erosion and sediment control as specified in the "Ramsey Erosion Sediment and Control Handbook." The site pian does not show erosion or sediment control measures. A condition for approvai of the site pian should be that an erosion and sediment control pian must be submitted to staff forapprovai STAFF RECOMMENDATION: Based on findings 1-5, staff recommends that the site plan be approved subject to the following conditions: 1. The property owner must close the two existing driveways on Fairview at his expense and repiace with them with curb and boulevard so that all trucks coming to the trucking facility wouid have to use Prior Avenue. in the future, if other uses are proposed on the site that would generate Ievels of traffic consistent with the adjacent neighborhood, the City would consider • permitting driveways on Fairview for these uses as long as the trucking facility did not have access to Fairview. 2. The property owner must pay an acoustical engineer to do a noise study. The purpose of this study would be to determine the ievels of noise that could be anticipated from the truck transfer � �) facility and to propose options for mitigating the noise. 3. Based ort ihe resulis ot the noise sur*rey, sound mitigation measures must be designed and —constructed to ensure that the development conforms to City noise regulatio�s. . 4. The setback on Fairview must be increased to 10 feet to permit enough room for landscaping to soften the appearance of the building. The setback must be pianted with shrubs that wiil get at least 10 feet tall when mature to form a continuous row along the entire east side of the building. 5. Additional landscaping must be planted around the perimeter of the site where ever noise barriers are required. The noise barriers must be setback 10' from the property line to provide adequate room for landscaping. 6. A storm water management plan must be submitted to staff tor approval. 7. One additional handicapped accessibie parking space must be provided. 8. An erosion and sediment control plan must be submitted to staff for approval. ! ' • r1 U �1C J'� i M r. wu��- re t e,., � J � k �c '�Gsc re�ee� r eesvr"r`'`' ` h..�,�4 2� PLfMN�� Ct71MlKtttiG�'� cr�' STAFF RECOMMENDATION FOR JLT/DAWES TRUCK FACILITY �� P «'� t� Revised 3/26/99 j-{ cs�� ��] c+ - S� • `l Staf� r2commends that the site plan be approv=d subject to th� foilowing condiYions: 1. Driveways The nortn drivewa/ on Fairview must be clos°d and the south drive�aay must be wid=ned as d2termined by Public Works to handle large trucks. 2. Sound barriers Sound mitigation measures must be designzd and construct2d to ensure that-the dev=lopment conforms to City noise regulations. If wails ara rzquired for sound barriers, they must be in place before the building is occupied. If another new building wilt act as a sound barrier, work mus! begin on that buiiding beforz the trucking building is occuoied. 3. Truck idling Truck engines must be turned ofi wfienever trucks are at the docks or on standing on the site waiting to get to a dock. 4. Parking on adjacent streets Trucks using this site may not park on Fairvew or Minnehaha. 5. Hours of operetion Hours of operation must be limited to between 6 AM and 12 midnight. 6. Setbacks and landscaping The setback on Fairview must be increased to 10 feet to permit enough room for landscaping to soften the appearance of the building. The setback must be planted with shrubs that wiil get at least 10 feet tail when mature to form a continuous row along the entire east side of the building. Additional landscaping must be planted around the perimeter of the site where ever noise barriers are required. Noise barriers or other new bui4dings must be setback 10' from the property line fo provide • adequate room for landscaping. 7. Storm water plan A storm wat2r management plan must b2 submitted to staff for approval. 8. Accessible park+ng One additiona4 handicapped accessib(e parking space must be provided. 9. Erosion and sediment control An erosion and sediment control pian must be submitted to staff for approval. \ J 33 �LTGROUP INC. 739 Vandalia Street • St. Paui, MN 55114 (651) 641-1111 •(651) 641-1244 Fa• ���� April 19, 1999 Peter W. Wazner Assistant City Attorney City of Saint Paul 400 City Hall & Court House 15 W. Ketlogg Boulevard St. Paul, MN 55102 RE: Project: Dawes Trucking @ Minnehaha and Fairview Avenues Dear Mr. Warner: After the last committee meeting of the Plannin� Commission I thou�ht it advisable to • share our thoughts with you in re�ard to the issues that have arisen. It must be noted again that our plan certainly conforms with both the letter and the spirit of the zoning of the property. We are not askin� for variance; but instead others seem to be requesting a chan�e in the types of uses allowed on this site and in the area. As owner of approximately 2,000,000 sq. ft. of industrial property in the Midway, we certainly are familiar with the kinds of activities that occur here on a daily basis. While this particular tenant is a"trucking company", it must be noted that distribution companies in the area often have more truck traffic than might be seen from Dawes Truckin�. In regard to Fairview Avenue being a truck route or not, we find it almost amusing to observe that this particular debate can only be described as what it must have been like to watch medieval theolo�ians arguin� about how many an�els could dance on the head of a pin. Or, perhaps, Bill Clinton explainin� the meanin� of "it." The fact is tnxcks drive regularly on Fairview Avenue. There are si�ns that clearly mark it as a truck route. (We will provide the pictures if someone cares.) City of St. Paul attorney, Mr. Matt Pfhol, has told us it is a truck route. To our knowled�e the • City has never attempted to re�ulate the trucks on Fairview Avenue goin� north from � �Y c�,�, • University Avenue. Perhaps someone can show us that attempt? Candidly, we find it duplicitous to su�gest we cannot use Fairview Avenue for trucks. What will the plan be for our immediate nei�hborin� businesses that re�ularly use trucks today on Fairview Avenue? But, someone minht say this new use will create an undesirable amount of new truck traffic on Fairview Avenue. The truth is that with a smaller buildin� like this there is no way an inordinate amount of new traffic could be created. There has also been a down ri�ht misrepresentin� implication that trucks wil] be "weavin�" and "windin�° their way through nei�hborhood streets. There is as much chance of that as there is of having truck traffic on Summit Avenue. As is so often the case, perhaps some people should pause, catch their breath and rethink what their real problems are. In our view, trucks backing in perpendicular to Fairview Avenue (as is the case on Fairview Avenue) poses a much bigger safety hazard. In addition, a few weeks a�o we cooperated with authorities who used a second story location in one of our buildin�s to observe and arrest suspects due to a significant dru� violation across the street on Minnehaha. While not having heard from the neighborhood on that score, we will say "you're welcome" in advance. • Sound Abatement — we find it interestin� that select commission members have found • the project Q,�v_ of violatin� sound ordinances prior to the buildin� and business havin� yet to be open. Where is the fairness in that position? If the tenant should be in violation of noise ordinance, they shouid be treated as any other business in St. Paul and appropriate measures should be taken. Where does this guilty before openin� come from? In point of fact, this business does not test jackhammers. They have a small fleet of modern equipment and have been a law-abiding business. • Subdivision of Parcel — we were astounded by the suggestion from one member who said that trucks should only enter from Prior because we were out of line (paraphrasing) in our concern over future marketing to other tenants and our ability to spiit the parcel if need be for financin� purposes, etc. I would ask that member if he owned a I S-acre parcel in the middle of the Twin Cities would he want that risht taken away from him? I could believe this suggestion coming from someone with a partisan point of view. From an appointed position of responsibility in seein� that property rights are upheld as part of a commissioner's duty it is astonishin�. We have been a slight bit surprised that there has been less than full support for our continuin� improvements to the parcel. We have spent millions and millions of dollars on this parcel and this new buildin� follows that course. When Bob Kessler came out to discuss the project, he did so in a professionai and rational manner. I did not say he is • squishy cheesecake. Rather he displayed savvy and poise. I have since leazned from a respected peer, Scott Tankenhoff of Hillcrest Development (whose company has made sizable contributions to the improvement of St. Paul) that he also felt Mr. Kessler did a 3� � good job on his most recent project. We were willin� to listen to Mr. Kessler's . suggestions in order to meet time requirements of the tenant. Those timings are now in jeopardy. We understand we had staffs' recommendation and now we are unclear as to where we stand. We would be willing to meet one last time to brin� needed clarity if anyone desires. This includes the issue of a sound barrier. We stand ready to discuss these matters with any and all participants. Thank you for your attention. Sincerely, Jerr�� y "Ffoo� cc: Commission Members Council Member Benanav City Staff Mayor's Office District 11 • u ,z�r_iur �aro��ttv 3� RPR-13-1999 12�18 FIRST RSSET MRNRGEMENT 612 973 1061 P.02i08 /�� �� ` - t SIERRA CLUB North Star Chapcec 779 Clayland Street St. Paul, MN 55109 612-973-1145 (daytime/messages) 651-69?-9303 (home/messages) Apri1 13, 1999 Mayor Notmari COleman City of St. Paul 15 west Kellogg Boulevard St. Paul, MN 55101 RE: RequAat to MaYOr'� Office for Environmental Assessment JL'f Truck Trans£er Site Proposal (Minnehaha e Faizview Av¢niles ) Dear Mayor Coleman: ihe JT.2 Truck i:ansfer Site Proposal fails four of your most important and often- stated development tests: • 11 job creation 2) tax base 3) affordable housing 4) neighboshood preservation • and rejuvenation. The Eocus of the Sierra Club's concern, o£ couzse, is #9--the neighborhood environmental and a.uality-of-life issues. In an eEfott to ensure thac the City cbtains sufficient information to make an appropriate decision on the truck t=ansfer site proposal, the Sie=ra Club recently sponsozed a neighbozhood-based petition effo=t. The petition (co v attached) requested the Minnesota Environmental Quality Board (EQS) to initiate an Environment Assessment Wozksheee (EAw) with tegard to the proposed site. The EQB rejected the EAw petition on the basis of the exemption for structures measuzing less than 100,000 square feet of intezioz sguare Eootage. The pzoposed £acility consists of outdoor loading platforms and paved truck bays in conjunction with intetior temporary scoraqe spaee. Most of the environmental and neighborkood issues, however, revolve around the proposed facility's outdoor activities_ Since this project falls outside the Minnesota EQB's jurisdiction, we are bringing this maCter to the City's attention- The 393 petition siGnatures, obtained by neighborhood volunteers, cleaxly indicate the neighborhood's overwhelming endorsement of the need for such an environmental assessment addressing the following issue�: a1 Safety concerns because the truck entrance and exit driveways on Faizview vill cau5e a significantly increasad traffic hazard £or neigkborhood childzen and Fairview auto traffic; b) Ext=eme noise pollution caused by truck engines and backup signals dusing the "anticipated" operating hours of 'I a.m. to midnight two weeknights and 7 a.m. to 9 p.m• three weeknights, plus some weekend hours; c) ziaht eollution due to powerful bzight lights shining f=om the site into Faizvie*.r a.venue bedrooms at night; d) Pollution of the visual environment in this residential neiqhborhood; e) Water pollution Prom runo££ of hydrocarbons and detergents used to clean pavements; � 37 APR-13-1999 12�19 FIRST ASSET MRNAGEMENT 612 973 1061 P.93i08 f) Increased air pollutioa caused by additional tzuck tra£Eic to a site wichin 12 blocks of Snelling � University, the most polluted site in Minnesota, and running of diesel tzuck eagines while parked at the sice_ The petition siynatuses also teetify to the signezs' belief that the City wi11 be responsive to their concerns. In fact, many of the 343 adult siqners also siqned sepatate, unofficial petition sheets liscing their minor children! It is czitieally important to the future of this unique neighborhood, and 'to ouz childzen, that the City be provided with the requested envizonmencal data. We are therefore now askina that Your of£iee perform an environmental aa3essment of the p=oposed truck tsansfer site develonmene pro�ect• Specifically, we are asking the City to perEoxm an envizonmencal assasssene, to inc2ude the in£ormation speei£ied on the attached YROPOSED ENVIIiONb�L7Tl�L ASSESSMENT. The Twin Cizies Gioup of the Sierra Club also understands "the bigqer pictuse"--the economic and political and economic context Within which developmenL issaes must be decided. we wou2d therefo:e also like to present our views regarding the £irst three -- eeonomic -- issues in the lisc at the beginning of thi� letter: 1) job creation; 2) cax base; and 3) afforflable housing. We be2ieve the proposed truck trans£er sice has litcle economic vaS.ue for St. Paul in tezms of eichet tas base enhancement o= job ereation, and threatens both public safety and the survival of this valuable affordable-houeinq neiqhk�orhood. Although chis Rropezty is not wzder port Authority jurisdiction and is not requesting Cicy Pundinq, nonetheless ue would like Lo compare the Authority's Sxownfields Neiqhborhood Redevelopment Criteria'S economic quidelines. FirSt, add=essing enhancement of the tax base, the Port Authozity iequires that the facility constitute a•'value-added liyhz mznufacturing" use. TI:is truck ZransEer site is a freiqhti transportation faeility to be used Dy independenc truckers, aot a manufacturing facilicy. Second, the pozt Authority's guideline for iob creaiion ie "at leasc one job per 1,000 squa=e feec of buildirg spaee," with "wage rates ac least S9 pe: hour," With 7D5 of nev hires consiszing of St. Paul residents. Although loadir.g and unloading freighc is labor intenszve, such work is mose likely to be hired on a casual basis through "tmmp" ager.cies. Tke proposed truck freight trans£er site wi11 not gene:ate anywhere near the 27 new, full-time, living-crage sta£f jobs chat the Port Authority would require iP this pzopezty were a zeclaimed brownfield. The legally apalicable City developmenc critezia, of course, are set fozth in the St. Paul Comprehensive Land Use P2an. both the new city plan (approved by the Cicy Council and pending approval by the Mecropolican council), and the preceding plan c,hich is still in effect, requite developm.ent to be compatible witk the euiroundinq neighborhood. The new city Land Use Y1an prohibics che constnzction of any new truck traasfer sites anywhere in St. Paul. It is thu3 obvious that City land use policy t:nequivocallY requires compacibilitV with the existinq nei4�orhood. ih¢ Sierra Club has a sincere concern £os preeesvinq the quality of life in this extraordinary urban residentia2 neiqhborhood. This established residential neighborhood, in the Neue21 Park area o£ Hamline-Miduay, is a striking exam�le of a safe, stable, multizacial neighbozhood with a mix of economi-c level3 and housing types, plus many of the resources and amenities that urban planz:ers vould plan in an urban neighborhood iE they Were p2anning a neighbozhood zoday: _public and private elementary 9CI100�9� churches, parks, playgrounds, zecreation centers, bus routes, and locally-owned teLail stores and eatinq establishments, plus a public 2ibraty and nationally known university, 2nd czicically scazce af£ordable housinq. Two days before the Planninq Cemmission hearinq, we were excited and encouzaqed by your public statemenc emphasizing that maYntaining and expanding the supply of affordable housing in St. Paul is a top iiayoral priority. The vast 7najo=ity of homes are owner-occupied, and the vasc majority are we11 saintained. We know the r;r..t,�� t,;nr .an�rA fnr nvr nr;nfihorh�nd. 'oeeause it Lewazds us Lesidents each year estate ta:c¢s, howevet, many smalle.c ot olfler homes s:ill fall into the "a£fo=dable categoty for blue-collar wotkers, veterans, younq families, and empty nestess who appzeciace che many advantaqes of living in Sc. Paul. i • • � � IQ APR-13-1999 12�19 FIRST ASSET MANRGEMENT 612 973 1061 P.04i08 �q -S2 `-� The �roposed tzuck transEer sice, bordered by £a:rviem ar.d Minnehaha Avenues--CWo • o1d resicential streets--is inLrinsically not r.eiqh'corhood-friendly. Noise, air pollution, and pu'alic sa£ety issues together eoastitute a serious, i�i.nent threac to the health of neighbors and the ecoaomic h¢alth of the neighborhood. Noise: The "anticipated" houzs of operation aL :he proposed site estend £roia 7 a.m. till 9 p.m. on so:,�e weeknights and ti12 :cidr.ig�t on oeh¢rs, plus some weekead hours, raith no scaced closing or "quiet hour�." Neighbors on Fair+iew, Minaehaha, and nearby streets will have at most 7 hours o: res�ice on seleetez weel:nights from the zepeated high-decibel backuo signals; those who vork gsaveyard shift xill have little if any rest. Many homes lack air co.^.ditioaing ar.d must leave vindovs open durinq warm weathe=. Accordinq to the National Instituces of Health, lack of adequace sleec can cause oz aggravate ocher health problems. ic also causee children and adults to experience difficulties in memory and concencration, thus zdr•ersely affecting learninq, job performance, and safecy. The addition o£ lancseaping and some noise-baxziet walls, as recommended in the Planning cecsnis>ion's Staf` tteport, would have no ePfect on noise £rom the trucks coming and going on the street; they would also do little to eff2ctively reduce the impact of hiq%�-decibel backup signal noise during the facility's long and lace hours of operation. Air Pollution: The sice will also brinq increased air pollucion, in an area that already has the highesti level of air pollution in the 'hrin Cities. Othe= environmental concerns include runo£f and visual pollucion, which are both cized in the Planning Conmiseion Scaff Feport. The '•big picture" also includes add.itional, unspecified facilities that zhe ownEr has planned for other porcior.s of this site, entailing siill more traffic and pollution. Safetv, however, is our primary concern. It is one thing to say "Not in my backyard," and quite another to say "DOn'i zun over our chiLdren!" • • As many residents reminded the Plannir.g Commission ac itis Mazch 26 public hearing, the proposed truck freight trans£er site is directly onposite 2 overwhelminqly T-nT' worse, The safety issue is paramountl Peak hours of ooeration--in the a£ternoon--eoincide danqerously wish after-school child pedestrian traffic to and £rom zhe neighborhood grocery store at Minnehaha and Fairview, homes and in-home daycare centers in adjacent and nearby blocks, Newe11 Park Recreation Center at Fairview and HewiCt, the public playqround ac Clayland and Chelton Streets, and the public library at Minnehaha and 5nelling Avenues. Even if the child's route does not cross Fairview, we all know that chi.ldren may unexpectedly rur:, skate, skateboard or zide bicycles or tricycles into the street. Neighboss voiced concezns chae the pro�osed sem:.tzailes truck entxazce and exit driveways on Fairview would soon necessitate the widening of Fairview Avenue and consewent loss of the boulevazd ("ttee-lawn"), making such danqer to children even more likely. Residents also testifiec' that evea nov, many trucks are illegaily using Fairview Avenue north o£ Minnehaha--past Nevell Park, going into Pierce-Butler Route--and residential sice-streets as tzuck through xoutes. 2his illegal practice can only be expected co increase if a czuck fze;.qhc cransfer facility is built at Fairview and Minnehaha Avenues. Tn conclusion, neighborhood residents and the 1oca1 5ierra Club believe that the planned cruck transfer site will not confer ar.y signifieant economic oz fiscal benefits on St. Paul, and that 7.ts a�proval vould spe11 danger and neighborhood detezioration, cempromising Hamline-A?idway as a i:nique, sa£e, af£ordable, multiculLUra1 urban neiqhborhood. Even under optimal conditions, with the Planning Cemmission Staf£ Report's recommended mzti.gat:r.g improvements, che approval of this particularly unsuitable project by the City vould threaten public safety and � � 35 qPR-13-1999 12�20 FIRST RSSET MRNRGEMENT PROPOSED ENVIRONMENTAL ASSESMENT JLT Truck Transfer Si�e Minnehaha and FairvieW Avenues 1. Description: Give a complete description of the proposed ancillarv facilities. Emphasize construction and operation methods that wi11 cause physical manipulation of the produce wastes. 612 973 1061 project and P.05i08 and features environment or Indicate the timing and duration of construction activities, 2. Permits and Approvals Required_ List all known local, state, and federal permits, approvals, and funding required. 3. Land Use: Describe current and recent past land use and development on the site and on adjacent laads. Discuss the compatibility of the project with adjacent and nearby land uses; indicate whether any potential conflicts involve envirorunental natters. Identify any potential environmental hazard due to past land uses, such as soil contamination or abaadoned storage tanks. 4. Water Quality - Surface Water Runof£: Compare the quantity and quality of the site runoff before and after the project. Describe methods to be used Lo manage and/or treat runoff. Identify the route(s) and receiving water bodies for runoff from the site; estimate the impact of the runofz on the quality of the receiving waters. 5. Tra£fic and Public Sa£ety: Estimated total Average Dai1y Traffic (ADT) qenerated: Hours oP operation: w2ekdays Weekend Estimated maximun peak hour traffic: Timing/Hours of peak hour operation: For each affected road, indicate the ADT and the directional distribution of traffic with and without the project. Provide an estimate of the imgact on traffic congestion on the affected roads and describe any traffic improvements which wi11 be necessary. ?�ddress any traffic-related public safety concerns. Existing parking spaces: Nuinber of parking spaces added: Identify any possible toxic or other hazardous materials to be transfered or stored. r 1 L J • • � • APR-13-1999 12�21 FIRST ASSET MRNAGEMENT 7. Dust, Odors, and Noise: Wi11 the project generate dust, odors, or noise during construction and/or operation? If yes, describe the sources, characteristics, duration/time of day, quantities, intensitv, and any proposed mitigative measures. Also identify the locations of sensitive receptors (inclvding hvmen popvlations) in the vicinity and estimate the impacts on these receptors. °lq -S 3L1 Describe safety measures and procedures be taken to avoid or • minir.:i2e hazards with regard to such materials. Describe measures to ensure site security. 6. Vehicle-relat2d Air Emissions Provide an estimate of the project's traffic generation on air quality, including carbon monoxide levels, including peak hour and seasonal levels. Discuss the effect of traffic improvements or other mitigation measures on air quality impacts. • � � 8. Parks, Recreation Areas, and Playgrou, Identify any designated parks, recrea playgrounds on or in psoxi,mity to the Describe the resource(s) and identify impacts on the resource{s>. 612 973 1061 P.66i08 as: ion areas, or site. any anticipated Describe any measures to be taken to minimize or avoid adverse impacts. 9_ visual Impact will the project create adverse visual impacts? (Exa�-nples include glare from intense lights and large visible plumes from cooling towers or exhaust stacks.) Describe any measures to be taken to minimize or avoid adverse impacts. 10_ Compatibilitv With Plans: Is the project subject to an adopted local comprehensive land use plan or any other applicable land use, traffic, water, or resource managemant plan of any local, regional, state, or federal aqency? If ves, identify the applicable plan(s), discuss the compatibility of the project with the provisioris of the plan(s), and explain how any conflicts between the project and the plan(s) will be resolved. If no, explain. il. Impact on Infrastructure and Public Services: wi1Z new or expanded utilities, roads, other infzastructure, or public services be required to serve the project or provide for public health or safety? x � �� qPR-13-1999 12�21 FIRST RSSET MRNAGEMENT 612 973 1061 P.07/68 If yes, describe the new or additional infrastructure/services needed, including any infrastructure • that is a"connected action" with respect to the project. 12. Related Developments; Cumulative Impacts: Are future stages of this development planned or likelv? If yes, briefly describe future stages, their timing, and plans for environmental review. Ts this project a subsequent stage of an earlier project? Zf yes, briefZy describe the past development, its timing, and past environmental review. Is other development anticipated on adjacent lands or outlots? If yes, briefly describe the development and its reZationship to the present project. If any of the above are marked Yes, discuss any cumulative environmental impacts resulting from this pro7ect and the other development. 13. Other Potential Environmental Impacts: If the project may cause any adverse environmental impacts which were not addressed by items (1} �hrouqh (12), identify and discuss them here, alonq with any proposed mitigation. 14. Summary of Issues: List any impacts and issues identified above that may require further investigation before the project is • commenced. Discuss any alternatives or mitigative measures that have been or may be considered for these impacts and issues, including those that have been or may be ordered as permit conditions. # # r 1 U ��$' y2. RPR-13-1999 12�21 FIRST ASSET MRNAGEMENT 612 973 1061 P.08i08 �a -s a-y • \ J • constituce 2 taking, dimi.nishing both che peaceable enjoyment o£ our homes azd our propercy values. we implore the Cicy co exercise a11 cue care to see that this r.eighborhood and its quality of life are preserved. Tne first step, we believe is for the City to conduct a thorouqn, eomprehensive environmental/saPety assassment including a1I cancerns a�+dressed in L'ne attached "Proposed Enviromaental Assessment.° we are askinq that this environmental study be compleced and reviewed, includinq a public commer.t period, before any approval is qiven or permi.ts gzanted for the develop�ent of the proposed sice. Please send us a copy of this report {oz any ocher envisonmental, economic, or neighborhood impact studies) immediately upon ics release to the publie. We aze specifically requesting also that the Cicy provide a public coa¢aent period oE at least 30 days following p�blication of the report. Thank you foz your atcention_ Sincerely, � "V' � ` Ronald G. Willia s r�d� � Amelia Ruth xummel Twin Cities �roup sierra Club Attachments 1. Yroposed JL2 Tzucking Transfer Site EAW Petition 2. Proposed Environmenta2 Assessm¢nt ec: councilmember Jzy Benanav Couneil President Dan Sostrem councilmember Jezry Slakey Councilmember Chsistopher Coleman couneilmembez Mike Harris Councilmember Jim Reiter Councilmember Hachy Lantry Gladys Morton, Chair, St. Paul Planning Commission Kathy Loue, Hamline Midway Coalition Pastor Greg Renstrem, Hamline United Methodist Church Pastor Tsu Ker Yang, Y.amline United Methodist church Ginny Yingling, North Star Chapcer Sierra club Bi11 Clap, Esq. � y3 rnTOi a aa �� � �5�. ��.,�� 1Vorth Scar Chapcer 779 Clayland Street Sc. Pau1, MN 55104 /�Pril I.Z 1999 Gladys Motton Ptanning Commission City of Sc. Paul City Hall St. Paut, MN SS10i Dear Ms. Morton: RPR-12-1999 16�24 FIRST ASSET MRNRGEMENT 612 973 1061 P.02i09 Our peciuon to thc Environmental Quality Board (EQB} regarding rhe JLT Tiucking Transfez Faciliry has been denied by the EQB, as explained in thc auached letter to Mayor Coleman. In its stcad, we are ccquestiag that the Ciry Planning Commission recommend that the Ciry perform thc attached "Proposed Envtzonmental Assessment " Please advise your Neighbnrhood Commiace of this maaer before iu'Iliesday momi�,e meeting. Alw, please send copies of this conespondence and attachmenrs to all of your Commission members. Thank you for your attention to tlus mattrr. SincerclY. � . ``61,�,o.SLa.` � . C..l ,� �-�-,.�..z Ronaid G. Williatns Twin Ciues Group Siccra Club cc: Mayor Narmaa Coleman Council Presidcnt Dan Bosnom Caunalmember Jay Benanev Counciimember 7erry Blakey Councilmember Christopher Coleman Councilmemba Mike Harris Councilmembcr Jim Reiter COUncilRlCi6j7ei K3Lhy Tan�'S' Kathy Loue, Hamline Midway Coalition Pastor Crreg Rensiro� �1ine United Methodist Church Fasror Tsu Ker Yang. Hamline United Methodist Church Bill Klap. Esq. • • • �' Y h MRR-3a-15.� _��57 WILDe.4 RESE�RCH oti_ �G% 4523 P.01i2: R9 -s a`1 � Mazch 30, 1999 Gladys Morton, Chair Saint Paul Planning Commission 15 West Kellogg Boulevard Saint Pau(, Minnesota 55102 Dear Ms. Morton_ I am wTiting as a concemed neighbor about the proposed truck transfer facility that 3LT would like to build on Fairview Avenue just south of Minnehaha Avenue. I oppose this use of the property for three main reasons: traffic, air quality and noise. These are not new concems for our neighborhood. We aze ciose to Snelling Avenue, University Avenue, the Burlington Northem Santa Fe �uck-�ain operation, the fairgrounds, the classic caz gatherings on weekends. We already absorb more than our shaze of Saint Pau1's tr�c congestion, exhaust and noise. The cumulative effect leaves us especially vulnerable to negative effects from a siguficant increase in uvcks entering and leaving our neighborhood every day. I understand and respect the owner's interest in getting a good value for his investment in this properiy. The stakes aze very high far me and my neighbors as we11. Por us, this is not just a question of increasing the retum on one profit center in a large real estate holding. We have � poured our savings and our time and caze and pride into our homes. We work hazd to keep up and improve our houses, yards and streetscapes. I am just one of ihe many paople who thought our neighborhood was worth investing many, many hours of personal time into a neighborhood planning process so that we could preserve and improve our quality of life, making our own local contribution to the future vitality of Saint Paul. We did this because we believed the city would support and value our neighborhood voice. We aze not a vrealihy neighborhood but we woik hazd to be a good, strong neighborhaod. We support local businesses, keep up our homes and yards and live respectfully alongside neighbors who aze different from us. But these accomplishmenu aze fragile and aze under increasing pressure. I believe that in the long term, Saint Paul would reap greater benefits and prevent more problems by showing support for our neighborhood on this issue, rather than by allowing this resident- unfriendly use of an industrial property that is located where people live. Sinc�ely, . ' ( n C i, _.�.r� �, �,�__. Ginger Hop � • 1728 Blair Avenue Saint Paul, Minnesota 55104 REGEIVED MAR 3 0 1999 ELANNING & ECONOMIC DEVEIAPMENT ibiy L TOTRL P.01 TS- "I 03/29/1959 23'°0 6127211649 K�NNE�Y TR?ti5 La{E PA6c 02 t�1�R 3 0 1�99 RECE��ED Mazch 29, 1999 � Ms. Gladys Morton Chsir, St. Paul Planning Commission 15 West Kellogg Blvd $t. Paut, MTv� 55102 Dear Ms. Morcon, ��jy�i&ECONOM�C DEYELO�ti1� It was with regret and constemation that I heard that JLT, owners of the property at Fairview and Minnehahe Avenues are planning to lease it out as a trucking hub. Futther, access and egress to the property is to be on Fairview Avenue due to the wishes of the owner. although there aze residences directly aczoss the street. I have been a resident of this neighborhood since I moved to St. Paul six years ago. I came to this neighborhood because my son and his family ]ive here. I have become active in local affairs and recently bought a house here. When I first moved in, the neighborhood was not rated very well compared to other areas. I have watched it change; people here care Many btock clubs have been formed in recent yeazs, most people care about their property and, importandy, property prices have risen 15 percent in the last year. 'fhic does not occcu ifthe area is not perceived as viabie. i was unable to attend the heazing last week, but know you heard many residents cite their concerns about the use of this property, so I'll not repeat them. I DO caze about the quality of life here, especially as my gandchildren, and a lot of other children, live here. t atso understand that the Pozt Authority has set certain criteria for the use of property; which does not include tcuck uansfer areas. Usin¢ this property for truck transfer will not add value to the neighborhood, will not creaze many jobs, does not help the tax base, and certainly wiil creaie many problems for the neighborhood. It is also not the hzghest and best use of the property. I am certain that the owner can find better use for it, if he tries. Housing units for the e(derly who wish to stay here aze certainly an option and much needed. I do hope chat the Planning Commission arrives at a solution that is win-win, and that the neighborhood does not lose out due to the des'ues of a single person. i ��S'n elyc� Iiamet J. �ednick 1783 W. Thomas Avenue St. Paul, MN 55104 • � Yt From: iom M�nn^r Fw (fi51j659-91q Voica �651)fi59-911) To� Connniss�oner G�aAys Motlon at rJO Mr Tcm E¢ac� CM�e 1 oR Suntlay. Marc� 29. 1999 I:0) i9 F.0 �� -S 2-�j • Swida��, �farch 23. 1999 Commissioner Glad��s \forton St. Paul Plaivun� Conuuission 1? F�'est I�ello�e Boule�'ard St. Paul. \I\ ?�102 F_�Z: Go Tom Bzacli. 266-9099 Dear Coitunissioner \torton: Thatilc }�uu for tha opporhmitt to spaak to flia Plamiins Connnissiou durine �•our puUlic hearin� last Frida}�. I am sure it �ti'as oU�'iuus that I am nut accustomed to speaking Uefore committaas such as this. I appraciata }�our patiauca as I shuubkd to m� puint. I am ��'ritiu� to } ou to remind of the tremendotts uuportanez ti� e placa on tlia issue of the proposed JLT dz��alopment at 625 Fain•ia�v A�e. I faal our commm�ih is 1 modal for tUe cih of St. Paul. Tlia prassuras oY da�'elopmant in our araa ara da�radine our community to the point �vhere ��'e arz a(1 considering li��iu� altemnti� es outside the Cih� Of St. Paul. I aut surz t�oti t� ill agrae that tliis �4'ould Ue a loss to the cirv as a ��'(iola. \�"e solicit }'our support attd t11z support of tl�a Pla�witlg Committaa in ancoura�ine JLT to radirzct this sitz uito a partnersl�ip �cith our neighUorliood that w•ill beuefit SLT uid our neigiiborhuod. Our ueiohborhood is a di� arse ueiohborhood. h1y� strzat nlona iucludas fmnilias of sevaral • afluiic backeirounds, Eldarl�� parsons. �"atarans, a collasa professor. a Ia�F}�ar, a fork lift operator, tnick dri�'er, euginears, tnanaeers, tneat pacl:er etc... R'e all ��ork toaather to impru��e Uie ueiohborhood utd participlta in n�iol�borhood watch prosrlms pl:mrino flo« ars aud maintauiiug cotmnon araas. Tha sa��ing "it takas a couuuu»ih� to rnisa a child" is nut lost to fear iu our neiahUorhovd. �'e are a"couuuuuih'� in tlie h�aditional sansa, ,y�at fouiid a Ualluce with modem d1y proUlzms that pl�gua uiam� cih• couunuiuties toda�•. Cla1r1�� our communih� neads to ba nurhirad 1nd dacaloped by tha cit�.• of St. Paul. • Our naiol�Uarhood has ahcaJ•s eneouragad busivass dacefopment. Eaeh y�aar ��e hava a picnic. �Va al�ca}s im'ita businassas in tl�a <uea to attaud. Thosz tliat cntutot ara trelted to UarUecue at ���ork. In man�• cases t�'a lia��e resolved mnn} disputes ���ith busiuesses ti��ithout tlie nonnal confi•outations that go�anuuaut nuut fi�equantl}• mediata. I undarstnnd fliat tlie plamune committee ma` lia��e little rzcoursa «hen a dz��eloper such as JLT entars tha areua �vith a Izoal attihida tliat say's "Let's look at the facts•" and "the nzighhor�l�ood's espectations doii t Yit zonina la�vs". C1ear14� I am not as ncquainted �vi8i zoning laG�'s as JLT lppears to ba. Ho�ve�•ar, I thiiili it is clzar fliat JLT is not iuterastzd ui thz ��alua tl�is neigh6orhvod Urings our cih�, a neigliUorhood vf �vhich «e 1re cei} proud. Should «a facz loud uoisas uutil rivah�a uiidnight, I and mmn' of my naighbors «�ill Uegiu to look for houseiue else�vliere. The brzlkup of our neiahUahood will no douUt result ui an incrzase ai low-income rantal housnig, rlUier d�an tlie currant tuix of locv- to moderate- uicome o«Yier -occupaut liousntg we currently enjdy. Tha cost to thz city for 8us sluft in housmg «�ould be suUstaurial. The benefit to JLT would also be substantial, as it clearly � �7 crom_ioinMi�+��°r Far..(551)659-91UVOice(S51)65 ToCOnimisslooerGaAysMOrtanatdoMr.TOmBeac� Paye2oRSunday.March2&199910ASlPU ��'ould ot�ar a ereat pool of lo�v-waga ��orkars ideal for tha industn� tha� proposa far tl�is � sitz. I sincaral�• liopa that JLT «ill joni us in fmd'ui� an altamatica usa for this sita. I faal flia taam «ork approacli to ecouomic dac�elopuieut ui our arza has bean profitable to our comnlunih�, iha cin�. and thz busuiesses in our arza. I solicit tha piaminie conunissivn to rajact Uia cun proposal and eucouraQe JLT to bruiQ a ua�v proposal to tha tabla fliat ��'ill iucluda tha support of tha uaiehUorhood of wluch tha}� ���ish to bzcome a part. Tl�oivas �Iu�dzr 76� Tahuu Street St. Paul. �N » 10-4 • � � �� -������� �N� �,���1u�;,�v �c��}�_� �l�,l'�� \����C`tl\1�:��� �T l�:n� �):� ��1,� _ �� r \Q.1�C�1 a,�4 1 g q q �-� � � . \ o� �C,or�� mt��o^�`� �r n U � � �1 U:�o� v� ,� �G �'�l �113� � U,hC_� a� ����� C���-��� ��.���.�� ��.���� � Q.�`� � �,`�o„�.` ��L� o� r��� `�0�� �"��.�wv..�; , a`�� �\�4^�� 1�v��� �.�.�: �) a�.p.� \��0'`�,� �;h 55 � U�� . ��'t�1 \�.�t��.�e, �w i�'��. ���.o. ��.3�� �.).'��, oh ��fi�-ha�.�,�� �i�,,��o�� Co��.� '� `�., �\ ,�,,'�,. � �,�, ��� mo�/ Ov.� 4.,���, �\ ��u�� t� � ���� '.� �--`�� � a,��.� � �, \>\ ���o.,�� �-..,�,ti�,�,L W v��� . -c�.�� , � �,�.� Y ��- ?����.U.>��� , �.� �1�„� ����m U.�. , � �a\ �>c� � o \�1«:��k� � y �'' �1�. S ��� V.�a,\S.� �,`��.�., �z^�� ���- � ����, . ��� _�� a,� �: � �.; 0,�12, �� ��.�� . � .ca�Cc� o`����s � wo'U� �E C�a�k v�a`���h �,��� ��c��.wv�l��'� . �� -l�c�.,��`� ��o��.t� v� ��� v"�`�`��,, � ,c��. c " ��\`�� � �_�L��- ��.ti.`., \�.; ���� � — ����� ��i�� '�1`. f�\`��L�lc���:i. ��� `���}�, l �, \1� C�»\���� 1Lp ��.�\\��C�. � �,\ `�.� Q..� \'�. . �, � ��o.��` � c� ��.,'�,,�nc. I�;.fi, �J �.� ��.r ..����vJ���. ...�,�� � a����� � ���� �v�� ��� ern :� � ��.�.�c��t� C ��v �c4.,�. ��� �.�.Yc. �� �� c�.�> �L , �.i`L�C�t� .�� h,ti`�, C,'���C� e�.� �n� cl _ U�� R�1R� n� �.�s��Y�� , �r �.���� � �� , -�,.�L �t�cx2, ���.�' ��>v.��.�,c�� l�� �.�.��tZ• , � 0.�� �r. �.�� �ta �� - � ^�� �v'V;.�C�� ���.nl ����� 0.��- � �i �U.� �U.�� �� U�k' \N-- � '��'� 'C��� � -� .,��c�..�.0 � �.,�e��' � Cu�c� .������ !� a-0.,�� �.'���.�, v�� ��. " S o � �, c�- . , , \C�` ��-� r� ��9;�." �A Z�,wvC�� �� C v I� C� �� ;�C� r hov.�..�.�c���,,,r�,���� c��� _��,� ��� ��: .'.�T,��.�. C�.`c��� ;a► �.�,�,�c���Z�. ��v�.i, ��,�5..�..ti �, �� n���� h��� �,��.z�, �;�.�.��Yb� a� g,,:,�, �� �.�....�v.sh�. ���l� '���...D��C�L. �-��S `b� i C�ioRA�; �0 �� �\��.y uoNT \�� <A ��� 0 C= N y ��_ � r. qq-S�y � 59 iv.BT'CY7 25. 177� • ?lease Consider: Increased noise pollution Increased traffic Lac�c cf routes to exit area ail of t^.e aoove exist here. In; 1997 and 1998 a trai2er stora;e area was at the same locatior.. �rucks were enterin� and exiting a� all hours. inis �ade mucn noise pollution, caused �y hard 'cra{ing and loud acceleration. If trucks use �airvzew ;oin� ��iorth; a semapnore would be �:eeded at P�:innehaha Avenue. In 1993 this cost was �25,000.00. If goin� east on �',innehaha to 3r.ellin�, t'r:ey er.t°r a^ already over used intersection. Cur residents are much closer to tha propo�ed area than t�.e resider�ts of B:vS? i�.idway Container Yard• `iheir corplairts to noise nave been stron� in oppositioa ior • ma^y years. These homes were mostly built around 1910, so tney have bee:� around lon�er tnan this business. � We live in a home ow;zed by the family from the time it was built. �espectfully Eu�er.e and �arbara Louden 1802 BZa�r nvenue 051-644-724 � �� n -�" � � f_ l L `! � `<"�%?�z L � �/ C` / �G�� � ���� • � So i;R-29-0� �ON 15�1° Chri;tine E. Olsen 1833 W. Nfinnchaha S:. Paul, itiIIv 55104 I�larch 29, 1999 • Gladys 1�foROn Planning Commission c/o Jean Birkhalz 1100 Cily Hall 25 W. 4 St. St. Paul, MN 55101 Dear Ms. Morton: PRT DuPPRTi�::tiT FRK ti0. 612c257co: RECEIVED MAR 2 6 199� E1.fiL'(NING & ECONOMIC DEYELOPMEPII .� � �S a-`{ I live across the street from the proposed Dawes Truck Temvnal. I am concerned about this proposed facility and it's impact on the neighborhood. Cathy Lue, from the HamlinaMidway Coalition, contacted me as soon as they knew about the proposed plan. I attended a meeting with JLT (Jerry Trooien and 7oe Meyers), Cathy Lue, and several other members of the community on February 17 at TLT's offices. At this meeting fhe plan was presenled and concerns fi�oin the neighbors discussed. Those conccrns includcd light, sound, air pollutioi�, a�id tralT'ic. Tl�c piaci sliowed the use ofFairview instead ofPrior. From conversations Cathy had with Tom Beech she,knew that JLT was told not to use Fairview. The ne'sghbor5 asked JLT to not use Fairview and to consider soma other use for ilus site. Mr. Trooien's response to al1 of this was that he was the owner and, since it was zoned industrial, he could do as he wanted. He also totd us he had a signed contrad with Dawes for the trucking facility and that this was a done deal. Dawes would be doing for the community. A second mce[ing, at Dawes reqaest, was held on March 16 at the Hamline Library. At that meeting John McDaniels was questioned about Dawes operations. Many of the same issues were covered. Mr. McDaniels was also asked wha.t Dawes would be bringing to the neighbothood and St. Paul. None of thejobs would be newjobs coming into the community. It was unclear what other positive things A tnird cornmunity meeting was held on March 22 at Iv'ewell Park. At this meeting approximately 45 neiglzbors expressed tltcir concerns for a trucking faciIity in the neighborhood. The neighbors voted overwhelmingly to oppose the truCking facility. I reafize that thece will be some kind of development on this site and understand why this would happen. What I don't understand is why something more compatib(e with the neighborhood and community couidn't be found. I am cvilling to work with 7LT in further development of their property to fit the needs ands concerns of the community. • erely, ._}.. � Lti.,,�.a Christine E. Olsen � �-�'�"` � � S/ i 779 C1ayland Street Saint Pau1, MN 55104 March 26, 1999 Saint Paul Planning Commission City Ha11 Saint Paul, N�i7 55101 RE: Proposed Truck Transfer Site Fairview & Minnehaha Avenues Gentlepersons: My husband and I are homeowners 2 short blocks north and one short block west of the proposed truck transfer site. I work as a customer service representative for an insurance coinpany. We bought our 1-1/2 story home 3 years ago with a VA loan and $0 down. � Just this past Wednesday, I heard Mayor Coleman on the radio, • proclaiming renewed concern about the extreme shortage of affordable housing in Saint Paul. Our Hamline-Midway neighborhood consists largely of this scarce commodity! Hamline-Midway is also a unique model of diversity and stability in the Twin Cities. We are old and young, with lots of children as we11 as retirees. We are blue collar, middle class, and professionals. We are also white and black and Hmong and Native American; the neighborhood church we belong to is bilingual and bicultural--English and Hmong. We have parks, rec centers, playgrounds, schools, churches, libraries, a nationally ]cnown university, and neighborhood stores. We have active block clubs. We maintain and update and improve our homes, and the government shows its appreciation by raising our tax-assessed value every year... If you were trying to plan a modern urban neighborhood, it would be very much like ours! But the proposed truck transfer site bordered by Fairview and Minnehaha Avenues--two old residential streets--is not neighborhood-friendly! • �t S Z �q -S2-y � z The "anticipaLed" hours of operatio� at the p site extend from 7 a.m. ti11 9 p.m. on some wee;cnig=cs and ti11 midnight on others, plus some weekend hours, wi:n no stated closing or "cxuiet hours." Neighbors on Fairview, N'_nnehaha, and nearby streets wi11 have at most 7 hours of respite on selected wee;cnights from the repeated high-decibel backup signals. And those who work graveyard shift will have little if a�y rest. The site wi11 also bring increased air pollution, in an area that already has among the highest levels of air pollution in the Twin Cities. Other environmental concerns inclua2 runoff and visual pollution, which are both cited in the Planning Commission Staff Report. But the environmental damage to our neighborhood is not as important as the threat to neighborhood safety. Semi's and all the smaller trucks turning onto and off of Fairview to access this site--opposite our newly reopened neighborhood store--would pose a grav2 hazard, especially for children. • OK, let's look at the "big picture": Per2aps, as the Plann�ng Commission's Sta£f Report advises, the entrance and exit could be on Prior instead of Fairview. The proposed truck transfer site could be toned down and prettied up, behind landscaping and some noise-barrier wa11s, as recommended by the Staff Report. Let's ca11 a spade a spade--this is the typical fig-leaf solution to unsuitable development! The noise, even if somewhat muffled, would still be a big problem for neighbors during the facility's long and late hours of operation. The bia picture also includes the additional facilities that the owner has planned for other portions of this site, entailing sti11 more traffic and pollution. The planned truck transfer site wi11 not confer any benefits at all on our neighborhood! Even under optimal conditions, it will have a deleterious effect on our quality of life. Approval of this particularly unsuitable project would therefore constitute a"taking" from neighborhood residents, diminishing both our peaceable enjoyment of our homes and our property values. This • project would also compromise Hamline-Midway as a safe, affordable, multicultural modern urban neighborhood. The Planning Commission must exercise all due care to see that this � 53 3 neighborhood and its quality of life are preserved. Thank you for your attention. Sincerely, Amelia R. Hummel cc: Mayor Norman Coleman Councilmember Jay Benanav Council President Dan Bostrom Councilmember Jerry Blakey Councilmember Christopher Coleman Councilmember Mike Harris Councilmember Jim Reiter Councilmember Kathy Lantry � • • '�' Sy , ni.To�aMinrl?r Fz�:(nit)659-910VO1ce.�65�)659�910TO'COmmrsslnnxGUCysNnrtontloAlr.TOmBearhatSCPaWNannmgCoinmisson Frg+tnf3StturdayMarc�2].199A3:dn;epy �Q �J � t • Corrunissioner Gladrs \iorton St. Paul Planning Cemmission 1� R'est I�el1o� Eoulecard 5[. Paul, bL\ »102 F.�Z: C,/o Tom Beach, 266-9099 Dear Coaunissioner \Lorton: I ain �nateE�il tor tlie opporauiin• aEforded U}• die coaunission to state m}• opia�oiis regarding the proposed necr taick [ransker kacilite- [oc G2� Fairc Arenue. I hac-e li� in the nei�hbochood adjacent to this proposed facility� for ten �•eats, and « � z: en the opporhinitf to �cork c d7e H:unline �Iid�ca} Coalition Yor die past inondt eonceming et�s site. \iy husband and I purchased a house on Tatum Stree[ ten }�zacs ago this mend�. \�'e, like odiers in eur neighborhood, chose to li� in an inner-city neighborhood, c�illingl�• ttading highec noise lzcels a�id trafdc for afTordable housing, a caciallt mited area, economically diverse neia green parks fer eur children, pcozimity m Haml�ne lini� and Hancock Elementar}•, and thricing businesses along Snelling:lcenue. The Ae�cell Park neighborhood still oEters all diose d�ings to a great miE of people, including lo�cer-income, ieorking class, and pcofessional people of all races and ages. R'e hace created secernl block clubs, Ccime R�atclies, and m�� neighbor and I organize a nei��rhbothood-�vide P�g Roast in our local pla}•�round each summer ���hich im hundreds oEcesidents. \�'e do no[ have a horrible crime rate, trouble u-i[h daigs, or gangs. • \�'e luie� ��heti �.e purchasrd a hoine in the ciry that �ce coutd not e�pect die quiet of a suburb, the clean air of the counhy, but on 6alance our needs �cere met. At the tm1e, ece did I,now that the site comered by Dlmnehaha and Fai:ciew �cas zoned I-1, or lib t industry. T7ic site, ichidt has had industrial uses for ocei si�t�r years, c.as a facility Eor a computer compan�� at the time. �f e did not a ce it much consideration, because �ce, reasonably, assumed that industrial sites adjoining residential sites must make reasonable accommodations. A distinction must be make betc �chat neighbors could reasonably espect for decelopment on this site, and evhat is happening no�c. A computer faciliry is a faz ccZ� from a trucking tieet �chich intends to operate hea��� tn�cks unTil 12 midnight, and, indeed, the ciry's adopted land use plan itselt saps the cit} should consider altematices such as special resttictions on lar�e micking firms. Thus, having a large tnickuig hcm move in doccn the street «�as, in my opinien, neither foreseeable nor reasonaUle. IS THIS SITE PL_-L� StiITABLE FOR CO3IPATIBLE bIISED tiSE I\ ACCORD iVCE ��TTH THE CIT�'S L_S:\D USE PLrL� � At present, it is not. Planning Corrunittee staft cecommend that it can be made so bj• mo�-ing its entcance and using sound baniers. I su�est that an}' comp:uiy opetating nois}' [iucks, unloading eyuipment such as forklifts and hydraulic lifts, from secen in the moming ttntil midnight is not compatible with a residential area. Period. No amount c+F sound restrictions �cilt cempletel�� muffle out these sounds. L� addition, die lights used bp JLT have consistentl� cteated a peoblein and haee not been remedied (despite empty promises by JL"� since JLT bought the site. In some cases the lights shining into adjoining houses remain so bright, all night, that one can read at night with no intcmal lights on. Such use deprives adjacent properties oE sleep, enjoyment of u X� ,ss f�om: icn M�mler Fa: (651)6549IR Vome. (fi51)fi59-5111 To Cnn:missloner GIZN's Morton rlo Alr.TOm Beach zt SL Pa:J �lann•r.g Ccmmisson �a9? 7 0' 3 SaturAay. MarcA 27. 1999 3'd' FU land, and creates a nuisance. � cemprehensice zoning plan e�ists ro stabdize pmpeet;,• uses. Ligh[ industrial acti�-in' such as computer assembly, ottice or edier 8-�, ltbhtec n�ise and trtftic use is �vi[hin the intent of the zoning, and also allows neighbors to continue to live and enio5�, ecen impro�e, their homes. ?. nuisance use �cill, rathec, destaUilize the adjacent residential area, as dap care centers ma5• (ose business, prepertc values mac c•,-ell decrease, and diosr of us «ho lia� worked hard ro keep die neigliborhood clean and decent look for other ptaces to lis-e. DOES THE ECONObIIC INTE£.EST OF JLT L� DE�"ELOPI��G THIS SITE FOR A TRIICI�TG F�CILITI OUTI�'EIGH THE INT'ERESTS OF I`TEIGHP>ORS ��TD THE CITl OF ST. P�UL? �s die o�cnec o£ [he site, TLT has the nght to decelep tt and make a pcota. Eut its interests do not ounceigh those of the citc and its neighborheoc. In this instance, TLT might lose profi[ in not deceloping [his site Eor the pcesent pu:pose, but that �ci11 be minga[ed bp its abiliq' to de� e(op it for more suitabte ptojec[s. The cin has an inrerest in m:iintaining affordable heusinb fer its cesidents, and that �cill not be mitib red by any addicional propecty' taties, etc. realized b�� rhis development. ��'i11 urban spra�cl rzsulting from residen[s fleeing [his area beneti[ the citf? Nor �vill d�e increased ttaTTlc en Faircie�v and Unicersits result in anydiing but increased maintenance costs. Similarl�, tne hemee« and pcopertp o�cnecs cannot mitigate the loss of the value o[ eu� pr�pecty �vith a neisp facility opeca[ing from secen untii midni�ht, keeping us accake, �: akmg oue children, �:-idz hea�-�• traEYic cempeting ter scheol buses and leacin� us onlc one majoc outlet, DIuinefiaha, Erom �cliidi to entu or lea�-e our neigftUorhood d�at is not ria� eled 6-r hea� trucks. �C�L3T IS THE TREND I'OR ZONIN G I�i �' T�IIS ARL' _'.:' The \lidc Hei�itts nei�bochood esisted before the industrial use. \Ianp homes �cere buil� in late 1390s, or earl}• 1900s--homes «ith historical and architectucat value. But, clearl}, flze are�a has become home to industrial decelopmrnt. But not e�clusirely. ��'e have seen thc cih• impro�-e our NeR Park corcununit�� building and playground, and open rno nec� scheols in the iinmediate aces of this trucl;ing site. Sucely it is not in the best interest oFancone to deliberatel}- locate large b oups of childcen neac such a site. The cit}• has not indicated that residential use in this area �z'ill wane until it becomes so(elc industrial. Theretere, this site cnust be deceloped in a caa�- that �cil1 centimie to be compaCble and not hacmLul io the residential decelopment. ��"e are not asking that jLT tum this area into a park,. Of mucse as a neighborhood a�e must be espected to enduce seme incon�enience rather than cur[aiI jLTs fceedom te use its site to inake a pcofit, Uut TLT must also use this pcoperty ui a cFa}' ��at causes no un:easonable haan to us. �Iodem societp requires Eactories, smelters, and taickin� Elee[s, and such acti��icies are not nuisances if carned on in suitable lecalities and the adce�se impact on neighbocutg localities is onlc acoida6le at pcohibitive cost. �C e suggest dtat using dzis site fot a diEEerent, more suitable and respectful pucpose, does net censtimte prohibitice cost ro JLT. ��`hat �cill be prohibiti�e is the cost to us—these actic�des �cill interfere substantiallp and Luzteasonably R-ith the interest oE substan[ial numbers oE landholders in the usc of enjopmrnt of our land, interfere with our health, comfort and concenience by emission oE unpleasant odors, fumes, loud noises, etcessive light, and much additional and dangerous heavy traffic. • • • � ,� ` Frmn:TOm�ninrix Fm:(651)659-911]VOice:(651�55491BTa'COmm�ssinnerGlatlySMOrtontloMr.TOmBeachat Pa9n3ot3SaNr�ay.Marc�2].19993a859Fnf �q_sa`I � • • The old masim One \tust Use His Propertc So ds tiot To Injure That of �lnothec is deeplF imbedded in rlmecican laR-. This should also applc to industrial sites that are bordered on ta sides, closelS•, b5• houses. EceR- industrial anno}•ance cannot be addressed, of course, noc erers thing that burdens the peace and ttanquillitc of a neighborhood. But in a neib berhood that is alread5• burdened to the bteaking point bc encroaching industrial anno}•ances, it is necessar�� for the ci�t� to look at its compzehensice plan and detemvne �chether a trucking facilitq is reasonable to be placed in this site. Should the ciri of St. Paul sacrifice an ethnicalls dicerse, economicallj• miszd, histocicallz' significani neigltborhood for die sake e[ a particular h�e ok de� Should the cin• favor this deF cather than nurture and support a neighborho�d that is a benefit to the cin'� Is this sitz reall} appropriate �chen the lack of aEfocdable housin� has reached a crisis, �chen ucban spca�vl has beceme au issue addressed bp dze Goccnzor of Dlinnesota, c•hen di� bIa} oT St. Paul openlc reiteraces his support Eor inneo-ciR� neighborhoods+ I respectfiilly subcnit to this conunittee that it is not. Thank pou for j•our consideration of these cemarks. Sincerely, Tulie Grifhn 7G�4 Tatum TahiarChelton Block Club Leadre � s� MRR.13.1999 6�43PM HFlMLIIJEihiIDWAY N0.280 P.2 AY HAMLINE M�DWAY CQA.LIT�ON Ham4ne Park Plsp;round I3uildiug � t5G4 LaFoad Avenue, Saint Paul, D9�'i 55104 � 612-646•14S6 � 61Z-641-G I23 March 13,1999 Ms. Gladys 1Vlorton, Chair St. Paul Planning Commission 15 W. Kelloag Blvd. St. PauJ, MN 557.02 Dear Ms. Morton: I am writing on behalf of the Hamline Midway Coalirion Board of Directors. �t its NIarch 16th meeting, the '6oard of Directors voted ++na.��mously to oppose JL'I' Company's proposal £or a truck transfer facility on Fairview and 1�tinnehalla Avenues in St. Paul. We want to thanlc you for � anfing a publzc heazing on this si�nificant issue, �vhich we underst is scheduled for March 26th. � The HNIC Eoard of Directors x�quests that, if possible, the heazing Ue held after usual business daytime hours, so tl�1t constituents who would be affected by fliis proposed operation would be ablc• tu paTti.cipate in the hearina, T# you have questions, please contact zne or Jodi Bantley, HNIC Executive T7ireccor. Thantc you. - Sincerely, /�/�. ,� � L Cath�rine Lue, Community Organizer tr. Councilmember Jay Benanav Steve IvlcKeown, HYi IC President Pat Teiken, HMC Treasuzer and Sub-distxict A Representative Dedicated to snaking t�e Hamlirae dtitfwaY s2e{gbbo-rhood a befler ptate to tiae asu! rWrk. ��a�, ��w��� \ J �J • �F S� � h1tiR. �.1Sy'3 S�1�Phl HAt�LiNEihlI�b1HY !� ,1 � � HAMLINE MID�V N0.45E_P.1_ Post-it' F2x Note 7671 � 3_ ¢ To��M �[l�CFI From �.�l'f'N c���c=_Ft �.1.G.P. co. Pt+cne * Pror:e d i . .. Z6G- qo9R Ii3mline Park Placground Bwidin, � 1i64 L�fond �venue, Saint Paul, hiV �i I04 � 612•64G-19sG + 61:•641-6123 • �s-ch 4, 1994 �-5. GLdys Mortoz C1Lirpe:son St Paul Planning Cou~�:-xtission 15 W Kello� Blvd. St. Pau11V�' 557.02 " Dezr �4s. iVlorton: Lu E � _ �-y On UehalE of the TiamL-�e �2zdw av Coailition (FLy1C�.Board of DirecEors, T am requesting that the St. Pau� Planning Comnussion hold a puUlic hearing JLT Cumpany-'s pzoposed freight transfer facility on Fairvievv and W.est �riinnehaha'A.venues. This request is based on the unanimously shared eonceir�s oE Ulock chtb 3eaders and other neighbors li�•ing close to the proposed sit�e, who met with Coalition zepresentatives on Febn�ai�• 24. These consfituenis and T�C w to pGblicl;�� sllare the follo�ain; cox�cems: 1; The residential area adjacent to JLT's propexEy is alzeadp satvrated with aix and noise pollu�on from the entire industrial corridoY in,ihe westernportion of District 11. 2) Such a Eacility would necessarily generaEe additional noise polluiion irom increased fruck traffic, indudin� the possibiLty of noise fzom id.l�nj hucks. 3) Lil:e�vise, flt� proposed facility would incsease ai: pollurion, par�cularly the unileallhy diesel fimles from i�ucl<s. ,Several area residenis aze alze2dy aftlicted cvitn respiratory pxoUlems• . , 4) The siee plan sug�zsts that'izuc�: txaffic w'ould entex/eo ess on'Fairview Avenue, dizectly across the sireet from a ro�nT of homes. Ineseased traffic rn1 Fain West IvSinnehaha and Prior Avezuies, consideruzg their heavy cunent use in conjvnction wiCh the industrial corridor and Suzlino on Northem-Santa Fe Railroad T-TuU Site, is hi�hly tutiwelcome. 5) Questions about the pruposed facility's hovrs of opera�on and daily volume of txaffie hace not been satisfacEorily answezed. HtiiC is IZOpeful that the Plaruung Co�ruivssion r,cill d ant tivs request for a public hearing on flie JLT proposal. Please conEact me or Cathy Lus, 651-6�10-19S6 wifh youz decision. Thanlc you fer y our considerafion. Sincerzly, ��� m��� Jodi \�f. SantIey Executive Director • /jmU cc: Steve 2vicl�eocvn, I�vIC Board Presidene Cath}r Lue, I3MC Community Ozgaz�izez Council��e� �is��y�,$��Fp�E Hamlina �tlzdioay neighborbood a belter place to lue and work. sr, ��: � i•;� � ,��:..;. � 3 5� Feb-22-99 05:23P JLT u_�2�:98 1G:1: td.t ootoaiace. 651 641 1244 P_02 ���GR�UF 1�lC. �„,��� � 738 Yandai4e Stre4i •� 4 'auE, µ� `�"`�tia (sst� 64s-St1 S�(fi51) �eb�uazy 2?. 1499 41F- �l utit Bc;OLEi 7Qlllil�, S�CtiL:l�]SL City af 5�.1'v+il i7t�icr uf Lfcen�c, [nspccEiocr aud £nYironmental 3_+0 S�. Pcccr Surci. Su=�z J�� S�-I':�ui,htN 551Ur-ISIO Dcu bi:. F3ca:.i:: l4`� vruu3.i li�� tn ga befacc dte Piaaeli�� Comiwssioti w;t':i uiu ptans f�ar I}swes ` Tt3wax��R o�� FebrwrS i�, 19w9. n�1r- Bci1r T will be sLhenitting the plans yau requestccl u socro s� tfr�y srn pcirued; eitheF li�ay or wnlor•e��'. '�luuii you. ti:ne�rtl}. ��"'-��-� ��� fiurc Wiitiam��n 31�5 Gcoup, ��- t`A u � � � `O � �� ,�vo, - l�r wirt� �� � �v • @ e� � ��� ' dc7=l �``''>s � � {�'�� . t �, ����� i .i9�.� �iv's �n`�. � T'( �V. ��, � � � ���vt. �'i v �r i r�f -- :��.� ����� U��n r�n,�� �-I �o f O '• �O r��n� �ta 1���o�n � l�( � �� _; ; ; � � '�] � /�V � �� ; ��. �`����t �� �;� t� - I � 1°U � � � �, �o��� �..�v�..� f ��i ��� �.�,��► 55 No t,�.R� : t ls Vdt i�t G�1�7 4�iVJ t 1'P"/�V.; �N._�.� !° � �� �� v,t'. GAR� � ,t �� � I t'^Zf��Cii ��-� i'T�' v� ° ��_s ati ! a �� �' �'' �I:� �u�, ; .��;, �,�� � €1 °�(.�; o� { � �� t����s °to �+bM,�F�� �, y �' L�s � r� J�€ t r� � ,�s � � Examples of Sound Levels Threshold oYPai Rock Baad (at 100ft) :, , � x �'� Large Gat6ering of People �� `� ^ 't � �\ Conversational � Speec6 140 dB 130 120 110 � Pneumatic 1 0 o Chipper 90 8 0 E Dawntown St Pant 7 O Street Traffic (Daytime) 6 0 E _ . 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's,�� � �� '�b t U � y W w`o ''" o '" z� a �� °�C$� ��� �d�� � t i y �"% � i �� � _� � � � i � i • ^ � � � i � � � I \ ��S 1 \ � V+ ���T \ -.rba..... : e 1 �\\\ 8 rt�+ ,�f, '(Y I � oE �s � ; ¢ r Aa� � i � � j \ �aa 1 � � , A ♦ 1 ����_�__� . ... � � � �]'!'_-#� -� -� 1 \ AMMJ � W1JM%31 I ��� AtlMl3 1 � � 1 � SW 30M]9m �� � EP ' � ��, � ��� � � 1 � � _ � � P� 1 1 � `� �� i 1 � I a I �, 1 � 1 § 1 � 1 � 9xn3rvs 1 I '� �1 1 � � ��� I � � ��a I � � � '�.w,�1 � ) � EI zl , j 30wU9v3 �/ 1 dl a j L� % 1 � �12 Q / � i' 1VEA / � i . ' i 6Wi�P I ' 1 � ..�.�: r 1 � `__'"_""� ' �.,, :` P�/ `` ��ti� '�� � � � y3�IM tll$$ISSiry _ �3 HIGALIGATS OF THE COMMERCIAL VEAICLE ROUTE ORDINANCE All trucks of 15,000 lbs. rated gross weight or under may travel on any street in the city with the exception of city parks and restricted parkways as shown on the map. The gross weight is the rated weight of the vehicle or combination of vehicles whether or not it is loaded. All trucks over 15,000 lbs. rated gross weight must use the routes as designated on the reverse side map except as follows: Trucks (9 ton) may travel on any street within industrial districts and the central business district. When entering or leaving a truck terminal or making a pick up or delivery, trucks (9 ton) shall reach or leave such location by traveling over the shortest route from the nearest truck route. Direct travel between deliveries, without returning to truck routes, will be allowed where the distance between delivery points does not exceed one mile. For delivery or pick up purposes, commercial vehicles (9 ton) may travel on designated parkways between the delivery or pick up location and adjacent intersections. Randolph Avenue and St.Clair Avenue between West Seventh Street and Cleveland Avenue; and Grand Avenue between Dale Street and Cretin Avenue are not designated truck routes. However, commercial vehicles over 15,000 lbs. rated gross weight, when making a delivery, a pick up, or when traveling to or from a truck terminal located in the area bounded by Mississippi River Boulevard, Marshall Avenue, Snelling Avenue, Se2by Avenue, Summit Avenue, Kellogg Boulevard, West Seventh Street, Otto Avenue • and Highland Parkway, shall consider Randolph Avenue between West Seventh Street and Cleveland Avenue; St.Clair Avenue between West Seventh Street and Cleveland Avenue; and Grand Avenue between Dale Street and Cretin Avenue as truck routes (9 ton), and all provisions of this ordinance applicable to truck routes shall apply. Except for recreational vehicles (RV's), no vehicle 22 feet in length or longer or T feet in width or wider may park on any city street or alley for more than 30 minutes or for longer than is reasonably necessary to load or unload. Clearly marked commercial vehicles may, between 5:00 AM and 11:00 AM, for purposes of loading or unloading only, park in metered spaces without payment or in truck loading zones. After 11:00 AM, commercial vehicles may, for purposes of loading or unloading only, park in truck loading zones to a maximum of 30 minutes. No provision of this ordinance shall undermine or permit violation of any rule or order of the State Commissioner of Transportation or of any State law or provision regarding the regulation of any aspect of trucks or any other vehicle. City of St. Paul Public Works Department Traffic Division 800 City Hall Annex 266-6200 November, 1996 • 9j�j � � , �q -sa�l 6 � ��f 1 J.rM ` < C p' � t ` v �"'>a, � r • �o� - � ` � � � � .� i is �y E a .::�= cK'-� c � � LS i3:�- ` y '� . 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OR!F_-IH OCJR ' �j qN�'/E rUUP m.(�) '�n� CCOR 1CC9 I t •� � _a. ^ T �`i � �� I i;�-0 J _� 4 � /' X i a� f '� . � .{.'���,F:n C�. Fi O r AP. C�E Y _ _. ,LL-"_=" _" "-_ _ �r w_ � -.i: � � - iT_c.^C AC" t4 . � Y Z. �+FC L`�.�i =••C__ � g�Il.l���[ n� JLT GROL : 39 l".j.�DA1. 5:. P.iLL. }L� i6!�,sti.! F.�.'i �5:?; � P37 `EQ LCG F.u���,�. ST.. P.�l �. BULDL\G Tc DA".� c: ��Cti � �� �s �AOR Pla.ti 3 SCF: (PFtO.iECC REV�.��' ` 2-L7-991 ca�srx�cna� s¢ 1-7-99 ��srov = i REti15I0ti =? D�TE �= DEL�t�} IR ' (}iECt�7 BH S[�ET �-3 OF -� .' .�, . , � North Star Chapter PUBLIC HEARING ST. PAUL CITY COUNCIL a� " MAY 12, 1999 RE: JLT TRUCIC TRANSFER FACILITY SITE PLAN Amelia R. Hummel and Ronald G. Williams 779 Clayland Street St. Paul, MN 55104 REPRESENTING: TWIN CITIES GROUP SIERR.A CLUB A. SITE PLAN INCONSISTfiNT WITH I-1 ZONING DISTRICT The Zoning Code of the City of St. Paul says that the intent of the I-1 Industrial District is "to primarily accommodate wholesale and warehouse activities, and industrial operations whose external, physical effects are restricted to the area of the district and in no manner affect the surrounding districts a detrimental way." (Sec. 60.611) The Code further states that new buildings in I-1 must conform to specific uses, including "(3) Warehousing and wholesale establishments, and trucking facilities." (Sec. 60.612) The thrust of the Zoning Code here to delineate light industrial areas to contain only activity which has no deleterious effects on the areas surrounding such activity. The Code sharply distinguishes I-1 from the next industrial classification, I-2, by stating that I-2 is for certain "industrial operations whose external effects will be felt in surrounding districts." (Sec. 60.621) in is A confused reading of the Code would focus on the second conjunct, ��and" in the sentence which includes "wholesale and warehouse activities, and industrial operations...in no manner af£ect the surrounding districts in a detrimental way." (Sec. 60.611) Upon such a reading, I-1 would include wholesale and warehouse activities, regardless of whether or not they affected the surrounding districts. Thus, you would have some I-1 activities which detrimentally affected adjoining neighborhoods and some which did not. 1 � � 1313 Fifth 3tz�et 3E, Suite #323 • Menneag�otis, MN 55414 •(612) 379•3853 � ay Such a reading would mean that the Code is incoherent in setting I-1 parameters. You would have radically different types of activities in areas designated as I-1, some detrimentally affecting neighboring districts, some not.(Sec. 60.612) Furthermore, of the numerous specified I-1 uses, there would be no way to tell, for most of them, whether they were the type that were allowed to detrimentally affect its surroundings or of the type given no such allowance. One such specified use is "trucking facilities." The City Zoning Code's delineation of I-1 districts is coherent. It clearly indicates that trucking facilities, among others, are one of the specified uses o£ I-1 and thus must "in no manner affect the surrounding districts in a detrimental way." This means the JLT Truck Transfer Facility proposal would have conformed to code if the proposed site had been in an I-1 district where the trucking facility would not have disturbed the surrounding neighborhood. However, since the proposed site abuts a residential neighborhood, the proposed site plan does not conform to the Zoning Code of the City of St. Paul. B. PROPOSED SITE PLAN INCONSISTENT WITH 1980 CITY LAND USE PLAN The Zoning Code with regard to site plan review and approval states that "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." (Sec. 62.108 (c)) The pertinent part of the 1980 City Land Use Plan (1980 Plan) says: Mixing incompatible uses will create an unsuccessful development. For example, uses which generate large volumes of traffic, noise or air pollution cannot be combined with uses requiring quiet. On the other hand, traditional separation of uses is not necessary when the uses do not interfere with each other or do not create external problems such as noise or air pollution. (p. 19) Since the site plan proposes activity which is incompatible with the adjoining residential neighborhood, the site plan is inconsistent with the 1980 Plan. This is true of the originally proposed site plan and of the site plan with restrictions, approved by the Planning Commission. 2 �q -s a� On Page 3 of the Planning Committee's Resolution (Resolution) approving the site plan with restrictions, it quotes the 1980 Plan: "The City should encourage conditions which allow the mixing of appropriate light industry with housing and commercial activities." (p. 1) The Resolution then quotes 1980 Plan Policy (1.4-3): "In cases o£ incompatible land uses, the city will use the techniques listed above [in Policy (1.4-2)] wherever possible to create or improve existing buffers between land uses." (p. 10) Finally, the Resolution cites Policy (1.4-4): "The city will ensure through its site plan review requirements that all new development provides adequate buffering as part of its design." The problem with the Resolution here is that, with this site plan, buffers are not sufficiently ameliorative to make the plan conform to either the Zoning Code or the 1980 Plan. Often buffers between light industrial and residential neighborhoods are in the form of significant land tracts which are occupied by some use which does not detrimentally affect the residential neighborhood. But that is not possible at the Fairview and Minnehaha site, since the proposed building is on land abutting the residential neighborhood. Though the Resolution restricts the site plan with noise barriers, these barriers would be insufficient to negate significant detrimental effects on the neighborhood with regard to noise and would have absolutely no eifect on expected rise in air pollution. There is yet another way the site plan is inconsistent with the 1980 P1an: since it threatens a residential neighborhood, it is inconsistent with the following 1980 Plan objective: To determine and support the most compatible solutions for meeting housing demands while promoting energy conservation and neighborhood stability. (p. 20) The 1980 Plan further expresses concern about the "increased demand for smaller, one and two-bedroom dwelling units for both ownership and rental purposes." There are many smaller single-family dwellings, plus a good number of duplexes and quadruplexes, in the Fairview and Minnehaha neighborhood which would be adversely affected by the proposed facility. One reason there is so much development going on in Hamline-Midway is that it is stable and safe. If this truck terminal project is allowed to go forward, people would move out, the neighborhood would 3 r�� -S �-�1 decline, and the outward-bound residents would contribute to urban sprawl. It could be argued that such a fall in demand for this neighborhood's housing would lower city housing costs; but in £act such suburban-bound flight would be the signal indicating that this affordable neighborhood was about to go into a neglect- and-decline cycle, with all the associated social costs. About half of St. Paul's property tax revenue derives from residential use, too, which is very unusual in this day and age. So on two levels, the City is very aware of the need for affordable housing. The 1980 Plan's concern is with preserving the supply of good-quality affordable housing in livable neighborhoods. The site plan in question is inconsistent with this goal. C. PROPOSED SITE PLAN INCONSISTENT WITH 1980 DISTRICT 11 PLAN As stated in the above section, the Zoning Code requires site plans to be consistent with City sub-area plans, as well as with the City Comprehensive Plan. The District 11 Plan is the sub- area plan which includes Fairview and Minnehaha. Some pertinent goals of the Plan as reported in the Planning Commission Resolution are: • Maintain the present balance between residential and commercial and industrial use. • Develop buffers to separate residential areas from commercial and industrial areas. • Confine through traffic to relatively few streets, treat other streets as local, resident serving streets. • When developing major through streets, minimize detriment to bordering land uses. (p. 3) The site plan contravenes the District 11 Plan in several respects: (1) First, it would disturb the present balance between residential and commercial and industrial use, not because of light industrial activity at the site, but because the proposed activity is incompatible with the adjacent residential neighborhood. The result would be neighborhood deterioration, possibly to the point that residential areas would be converted to industrial areas. � c�� -S a4 (2) Second, the proposed buffers are insufficient to protect the residential neighborhood from detrimental effects. (3) Third, in further developing Prior Avenue (a major through street), the site plan contravenes "minimiz[ing] detriment to bordering land uses" because the planned facility is incompatible with the adjoining residential neighborhood. D. SITE PLAN RESTRICTIONS IMPRACTICABLE OR INEFFECTIVE The condition that the develope_�erform a noise studv and present noise mitigation plans to Commission staff prior to permitting, does not protect the neighborhood. The Commission has failed to provide for public review and comment, to ensure that the study is valid and the proposed mitigation measures are adequate. This condition violates the public's right to review and comment. Appealing this amorphous approval is like trying to nail Jell-O to the wall! The addition of landsca�in� and some noise-barrier walls, as recommended in the Planning Commission's Staff Report, would have no effect on noise from the trucks coming and going on the street; they would also do little to effectively reduce the impact of air brake or high-decibel backup signal noise during the facility's long and late hours of operation. The restriction on ogeratina hours as a way of preventing detrimental effects on the neighborhood is ineffective, since semi-trailer trucks from out of state will be allowed to enter the site at the time of their arrival, day or night. The noise of such large trucks arriving after hours, including engine noise, air brakes, and the mandated high-decibel backup signals as they approach the loading bays or other parking locations within the facility, is certain to affect neighbors adversely. The 15-minute limit on idlina is unenforceable and therefore does not adequately protect neighborhood residents from noise or air pollution, The drivers wi11 be independent operators, and many from out of state, so they wi11 not be under any company's supervisory control. Placing this burden on the site owner or the tenant trucking company would be like tasking the fox to protect the chickens. The burden of monitoring and enforcement 5 ��'U � ! thus appears to be upon neigrborhood residents, which is thus unfairly burdened with monitoring round-the-clock arrivals in order to preserve quiet and air quality. Restrictions on trucks sto�oin� or idlina on neighborhood streets is less enforceable than the 15-minute limit on idling, for the same reasons. Site barriers along Minnehaha will be inePfective because the houses are on a hill above the site. The restriction that "truck traffic mav not use Fairview Avenue" is ineffective because, as indicated by the developer as well as residents, the City does not effectively patrol Fairview Avenue with the goal of restricting through truck traffic. Even with the truck terminal entrance and exit on Fairview, there is an experience-based concern that yet more trucks will use Fairview and other neighborhood streets in order to avoid traffic at major truck route intersections. As indicated by official City maps, Fairview Avenue north of University Avenue is not a truck route. The Commercial Vehicle Route Ordinance states: Al1 trucks over 15,000 lb. rated gross weight must use the routes as designated by the reverse side except as follows: Trucks (9 ton) may travel on any street within industrial districts and the central business district. When entering or leaving a truck terminal. .., trucks (9 ton) shall reach or leave such location by traveling over the shortest route from the nearest truck route. This ordinance is violated daily, by substantial numbers of trucks which use Fairview and Minnehaha Avenues. These avenues border, but are not within, an industrial district; they are both designated as local, resident-serving streets. It is not within the developer's power to prevent independent truckers from traveling along neighborhood streets. Any development, therefore, which may lead to heavier truck use of Fairview Avenue or other neighborhood streets is contraindicated. This is a primary neighborhood concern addressing children's safety, noise, and air pollution hazards. This restriction fails to protect the adjacent neighborhood in any way at all. � �t� -5�-`f E. HARM FROM INEFFECTIVE RESTRICTIONS Harm £rom Noise One of the earliest motivations for urban planning, historically, was the recognition that decent housing for workers is essential for productivity. No employer would want their shift workers to live next to a facility like the proposed truck terminal. According to the National Institutes of Health, lack of adequate sleep can cause or aggravate other health problems. It also causes children and adults to experience difficulties in memory and concentration, thus adversely affecting learning, job performance, and safety. In addition to shift workers who must sleep during the day or in the evening, children and the ill or disabled require rest and sleep during the day as well. Daytime noise and noise-induced stress constitute a serious threat to residents' physical health and emotional well being. It is important to note that many of this working neighborhood's 80-90 year old homes lack air conditioning, so daytime and nighttime noise will be especially harmful during the spring, summer and fall, when windows are open for cooling and ventilation. Harm from Air Pollutio Increased air pollution wi11 affect children playing outside, residents walking or exercising outside, and anyone doing anything inside older homes which lack central air conditioning. It will have greatest immediate impact upon infants, the elderly, and those with chronic or acute respiratory problems. When my wife was collecting petition signatures along Fairview and Minnehaha--right after returning to work after a bout of pneumonia--she met two residents with oxygen tanks and many others who volunteered the information that they had emphysema, or that they or their children had asthma. This area already has a very high level of air pollution, and many of its residents are clearly at risk. The ill and disabled must not be driven from their established homes by improper development of adjacent land, in violation of the city plan and the zoning code. F. ENVIRONMENTALLY SENSITIVE AREA 7 ��. - s a�t This thriving working neighborhood is environmentally endangered and already under environmental siege from surrounding traffic and industrial activities. newell Park, the little neighborhood which includes Fairview and Minnehaha, is vulnerable because it is bounded on three sides by light industrial activity--the Burlington Northern container yard off Pierce Butler Road, the factories between Prior and Transfer Road, and the I-1 area at Fairview and Minnehaha. In addition, it is only about 12 blocks away from what was, in the past, the most air polluted site in Minnesota, Snelling and University. In the 1980's this intersection was cited several times by the EPA for air quality non-attainment. The City has worked hard to reduce pollution levels at this intersection and, consequently, has been cited only once in the last couple or years. The City has put in place an alarm system which is triggered when air pollution is high. It then finesses the traffic signals to discourage traffic from entering the intersection and encourage those in the intersection to more quickly exit. A daily timing device and the "ring round" which takes traffic around Spruce Tree Center also reduces air pollution. The fact that the City has to go to so much trouble to take care of this problem and that there is, even now, occasional air quality non-attainment, is evidence that the air quality problem in this area is serious and that it would be vulnerable to significant air pollution increases. In addition, the federal EPA is now concerned with the kind of particulates that diesels emit to the air and is studying the matter to see how the problem can be reduced. The introduction of the proposed truck facility threatens the air quality of this area, a problem which should be studied, as we suggested in our "Proposed Environmental Assessment." During most of the year, it is bearable for most--though not all- -residents. During the State Fair, however, the smog is visible to the naked eye, and exercise may be dangerous for the unwary. This is a strong community here, but to maintain it the City must be vigilant in shielding it from incompatible activity and environmental threats. G. SITE PLAN IGNORES THE 1999 CITY LAND USE PLAN 8 q,�,—.say The 1999 City Land Use Plan (1999 Plan) of St. Paul's Comprehensive Plan was adopted by City Council on March 3, 1999, and is subject to review by the Twin Cities' Metropolitan Council. It was recommended by the St. Paul City Planning Commission on September 25, 1998. Thus this impressive forward- looking document is solidly backed by the entire government of the City of St. Paul. Though it does not yet have legal force as the 1980 Plan presently does, it certainly is an important guide £or policy judgments of the type which are critical for the Planning Commission and for the City Council in considering site plan reviews. In the 1999 Plan's discussion of Equitable Metropolitan Development, it lists several policies, two of which are: 3.3.1 Saint Paul will support an increase in the number of jobs and housing units in the city, and will try to focus growth along transit corridors, thereby supporting the strategies of the Metropolitan Council's Regional Blueprint.... 3.3.5 The City should express its support and, where appropriate, join in housing programs and projects that contribute to balanced populations (age and income) in communities and neighborhoods throughout the East Metro area. (p. 14) This says we should promote growth along transit corridors, not deterioration as the proposed plan threatens. MTC Bus #7 runs along Minnehaha avenue through this neighborhood and Bus #16A (plus limited stop #SO) runs on University Avenue, only about 5 blocks south of Minnehaha. The #16 is one of the most frequently running buses in the Twin Cities. The other policy above talks of supporting balanced populations (age and income). The Fairview and Minnehaha neighborhood is such a neighborhood, with a strong balance among ages and with low income and middle- range income. The 1999 Plan indicates preservation and encouragement of such neighborhoods. In its section on "Strategy 2: Neighborhoods as Urban Villages," the 1999 Plan states and "Objective 5.1 Urban Villages: Theme with Variations" with policies including: 7 ��,-�a`i 5.1.1 The City neighborhood organizations, developers and realtors should use the urban village principles listed below, which are condensed £rom the Charter of the Congress for the New Urbanism, for assessing neighborhoods and promoting the advantages of city living. • Good neighborhoods are compact and pedestrian-friendly. • Good neighborhoods have a mixture of land uses. • Good neighborhoods have a broad range of housing types. • Good neighborhoods are designed to support mass transit with appropriate land uses and densities within walking distance of public transportation. • Good neighborhoods have commercial, civic, and institutional activity embedded, not isolated in remote, single-use complexes. • Good neighborhoods have schools within walking and short bicycling distance, for most children. • Good neighborhoods have a range of park facilities, from tot-lots to village greens to ballfields to community gardens. (Large parks and conservation areas serve as boundaries between neighborhoods.) • Good neighborhoods are safe and secure. • In good neighborhoods, the architecture and landscaping physically define the streets and public places. (pp- 25-26) Amazingly, the above listed characteristics beautifully define Newell Park, the neighborhood which includes Fairview and Minnehaha. Newell Park, in turn, is part of the larger Hamline-Midway neighborhood, a model of diversity and stability in St. Paul. We are old and young, with lots of children as well as retirees. We are blue collar, middle class, and professionals. We are also white and black and Hmong and Native American; the neighborhood church my wife and I belong to is bilingual and bicultural-- English and Hmong. We have parks, recreational centers, playgrounds, schools, churches, libraries, a nationally known university, and neighborhood stores. We have active block clubs. We maintain and update and improve our homes, and the government shows its appreciation by raising our tax-assessed value every year. This is a neighborhood not to be threatened with incompatible development, but a neighborhood to be preserved! 10 qq-say In its discussion of "Objective 5.2 Mixed Land Uses/Mixed Use Development," the 1999 Plan list policies including: 5.2.1 In traditional neighborhoods, the City will support compatible mixed use within single buildings and in separate buildings in close proximity. Mixed use reduces transportation time and cost. National surveys show that, on average, city residents drive only half as many miles per year as suburban dwellers, primarily because each trip is shorter in the city. (p. 27) This is yet another 1999 Plan ideal already mirrored in the Hamline Midway neighborhood. The grocery store at Fairview and Minnehaha has apartments above. A few blocks away off Minnehaha and Snelling are other buildings, such as a coffee shop, a hardware store, and a restaurant which also have apartments above. If our neighborhood deteriorates because of the proposed truck transfer facility, people will have to move away from the mixed use neighborhood, thus contributing to urban sprawl. This is precisely the kind of thing the 1999 plan is trying to avoid. The City must promote compatible mixed development, and preserve it where it already exists. The 1999 Plan's Appendix C says: 10. Study alternatives and propose amendment to the zoning code which would distinguish between small and large trucking operation,s. Consider alternatives such as special restrictions on large trucking firms and propose an amendment so that wi11 limit large low-employee-density trucking use of industrial land. The proposed amendment should act to make consistent, with regard to trucking uses, the zoning code and high density employment requirements outlined in Appendix A of the Land Use Plan and Policy 24 of the Summary and General Plan addressing intensive use of industrial land. (p. 71) It is my understanding that, in this regard, the City intends to prohibit additional truck transfer facilities in St. Paul, just as Roseville did some years ago and as other area municipalities have done. It makes no sense for the City to establish a policy like this and then squeeze in one more development of the sort that this policy prohibits. 11 �q-say H. SITE PLAN ENVIRONMENTAL ASSESSMENT NECESSARY It is critical that City Council have adequate environmental information in deciding on this site plan with serious possible effects on its adjoining neighborhood. That is why we attached a three page "Proposed Environmental Assessment" to our April 13, 1999 letter to Mayor Coleman requesting the City to do a serious environmental study of the site plan's environmental effects on the neighborhood. (I also said that the Environmental Equality Board had denied our petition to do an Environmental Assessment Worksheet on the grounds that the proposed building was less than 100,000 sq. ft. The petition was signed by 400 citizens, almost all from our neighborhood.) In response to our request of the Planning Commission to recommend that the City Council initiate such a study, the Planning Commission declined to recommend the study on the grounds that it "was advised.._that the City does not have legal authority to undertake extraordinary environmental review under a different process or name." The City not only has the authority to order the environmental study we suggested, it has the duty to do it. It is unhelpful to label a suggested environmental study "extraordinary�� and then contend that it need not be done. Here is what the State of Minnesota's Environmental Rights Act says about environmental protection: The legislature finds and declares that each person is entitled by right to the protection, preservation, and enhancement of air, water, land, and other natural resources located with in the state and that each person has the responsibility to contribute to the protection, preservation, and enhancement thereof.... Accordingly, it is in the public interest to provide an adequate civil remedy to protect air, water, land and other natural resources located within the state from pollution, impairment, or destruction. (Minnesota Statutes 116B.01) The vehicle for the environmental protection remedy is the state government, and by extension, city government. A critical way the city is to effect environmental protection is to gather sufficient information to make a reasonable environmental assessment. An excellent way for the City to gather information with regard to this site plan would be 12 `C�-Say to do our "Proposed the neighborhood a protection. Environmental Assessment." This would give reasonable chance for its environmental Accordingly, we again request that the City do the "Proposed Environmental Assessment" and "that the City provide a pub2ic comment period of at least 30 days following publication of the report." 2. LACR OF ADEQUATE PUBLIC REVIEW OF SITE PLAN NOISE STUDY The City is to be given credit for doing at least part of the environmental study we recommended. At the March 26, 1999 Planning Commission Hearing, the City staff recommended that a site plan noise study be done. For some reason this study was long delayed and not made public until, Monday, May 10, 1999, the very day we write these words. But this is only two days away from the City Council public hearing! It is an extreme, unreasonable and almost impossible burden for us to attempt to find an expert who can interpret a noise study in the eleventh hour like this. We nevertheless offer a few hurried observations about the noise study. The study addresses only truck engine noise at Dawes Trucking anticipated operating levels from slow moving and idling trucks. It ignores piercing back-up truck signals and air brakes, the most bothersome of truck noises. It also ignores opening and closing of dock doors. Even during hours when the noise ordinance is not exceeded as an hour-long average of engine noise levels, the instantaneous noise levels from air brakes and repeated back-up beepers wi11 disturb neighborhoods peace and quietude and will disrupt sleep. A rather puzzling part of the study reports that the �'Number of truck operations permitted per hour to remain below L10 55 dBa [the highest night noise level allowed by the St. Paul noise ordnance]" is 26. This apparently means that the amount of noise at night created by 26 trucks in an hour is acceptable in neighborhoods of Highland Park, Macalaster Groveland, and St. Anthony Park, as well as Newe11 Park. However, it is difficult to believe that any residential neighborhood in St. Paul would tolerate such noise. 13 ��l -S a�\ The noise study also ignores the affect of the proposed study on daytime noise. We cannot tell from the study if the truck facility would violate the ncise ordinance during the day. In addition, the study does not indicate the present noise level in the Fairview and Minnehaha neighborhood. At this point it is important to bring to bear here our earlier discussion of the Zoning Code. The zoning requirement states that the neighborhood must not be adversely affected in any way by I-1 activity. This is stricter than simply requiring that the proposed activity not violate noise ordinances. Finally, since the permit request relates to a building with 26 bays, it is imperative that any comprehensive study consider noise impact at maximum operating capacity, not just presently anticipated operating levels. Out of due process concerns, our April 13th letter to Mayor Coleman specifically requested "that the City provide a public comment period of at least 30 days following publication of the report tthe "Proposed Environmental Assessment"]. It is very important that citizens have the opportunity to assess and comment upon environmental assessments which so critically bear upon their neighborhood preservation. Accordingly, we request minimally, that a 30 day public comment period be allowed for the noise study and a public hearing at the end of that period. J. PROJECTED CAPACITY OF PROPOSED FACILITY? The Resolution reports that 45 semi-trailer trucks and 40 smaller trucks would use this facility weekly. (p. 2) However, it also reports that the building would consist of 26 docks. With optimal scheduling, such a building could accommodate over 100 trucks a day! The proposed site plan and its presently anticipated levels of operation are seriously incompatible with the residential neighborhood. But if the building were to realize its capacity, the facility would violate the neighborhood in spectacular fashion! Even the noise ordnance would be radically exceeded. Air pollution also would dramatically rise. One has to wonder, why is such a facility being built with that kind of capacity? What is to stop the owner from allowing the building to reach its capacity? It is a serious concern that 14 q`t the proposed building would have a much more serious detrimental e£fect on the neighborhood than the site plan suggests because the site plan fails to address the building's capacity. IC. ECONOMIC IMPACT UPON NEIGABORHOOD The Planning Commission failed to address the financial impact of the proposed facility upon neighborhood homeowners. Such an incompatible industrial development would decrease their property values and discourage lending institutions from financing home improvement loans, second mortgages, or mortgages for prospective purchasers of homes. L. CONNECTION WITH AMERICANS WITH DISABILITIES ACT The Planning Commission failed to give special consideration under the Americans With Disabilities Act for neighbors with respiratory and other disabilities, including asthmatic children and adults, who are at high risk from increased air pollution; from stress during the 2ong operating hours from noise of the truck engines, backup beepers, and air brakes, and from loss of sleep due to noise and aggravated respiratory problems. Residents with chronic or disabling health problems should not be forced out of an established affordable neighborhood by incompatible adjacent development. M. ALTERNATIVES TO TRUCK TRANSFER FACILITY There are many reasonable development alternatives for this site which would be compatible with the neighborhood. These would include low polluting light industries which were not open in the evening hours. The bus line on Minnehaha flat lancl make this site perfect for disabled and elderly housing. Such a development would create less air pollution than other alternatives, since those residents would use the bus lines to a great extent. But even other housing would be a better air pollution-wise than introducing a lot of trucks to the area. That is because cars would not emit the air particulates of truck diesel engines, particulates which now of a major concern and study by the federal EPA. 15 V � �4,.�._.�,�. ��- a� ����,� Council File # ��'S� �������� � `l�� RESOLU ON �J �eenSheet# �o�b�� � ITY OF SAINT PAUL, NIINNESOTA � �, / �/ Presented By I'.Z`-� -�flI1L7 Committee: Date 2 WFIEREAS, JLT Group, in Zoning File No. 99-038, applied on Februaiy 24, 1999 for a 3 site plan review pursuant to the provisions of Saint Paul Legislative Code § 62.108 in order to 4 establish a truck facility on the west side of Fairview Avenue, one-half block south of Minnehaha 5 Avenue, and legally described as Section 33, Township 29, Range 23, except avenues the North 6 561 33/100 ft of nortYteast 1/4 of northwest 1/4 of Section 33, Township 29, Range 23; and 7 8 WHEREAS, JLT Group and the Hamline Midway Coalition requested the Saint Paul 9 Planning Commission to hold a public hearing on the proposed site plan; and 10 11 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 WFIEREAS, the Saint Paul Pluuiiug Commission conducted a public hearing on the site plan application on March 26, 1998 and referred the matter to the Commissions Neighborhood Plamiing Committee; and WHEREAS, the Neighborhood Planning Committee met and discussed the site plan on March 13, 1999 and March 20, 1499 and recommended approval of the site plan with conditions; and WHEREAS, on Apri123, 1999, the Saint Paul Planing Commission, having received the recommendation submitted by its Neighborhood Planning Committee, made the following findings as set forth in its resolution number 99-27: Dawes Trucking The truck transfer facility would be built by JLT and operated by Dawes Trucking. Dawes would bring a variety of goods to the site from local businesses using smaller city trucks. The goods would then be consolidated inside the building and loaded onto semi-trailers and shipped out of state. Dawes currently operates out of a building located in Roseviile. However, this building is too small and Dawes wants to move to get more room 2. Proposed operation John McDaniels, the owner of Dawes Trucking, described the proposed opexation to staff, including the hours of operation and the number of trucks: Hours of operation - The facility would be open Monday through Friday. It would normally be closed on weekends although occasionaliy there would be an individual huck on weekends. Page 1 of 9 1 G S S Zt� 2 - During the week the facility would open at 7AM. Tuesdays and Fridays 3 aze the busiest days and the facility would normally stay open until 4 midnight on those nights. On Monday, Wednesday and Thursday the 5 6 7 8 9 10 11 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 45 46 47 48 49 facility would close at 8 or 9 P.M.. Peak hours are late afternoon (3 to 6 P.M.) Number and types of trucks — There would be appro�mately 35 semi-trailer trucks a week taking freight out and another 10 semi-trailer trucks bring freight in. (On Tuesday and Friday when they aze busier, there would be 10 semi-trailer hucks a day. On Monday, Wednesday and Thursday there would be fewer semi-trailer trucks. There would be 6 to 8 smaller local hucks a day Monday thru Friday. These trucks would leave in the morning, pick up ar deliver goods locally, and return in the afternoon. The large trailers typically take 3 or 4 hours to load. However, a trailer may site at the dock for a day or two until it is picked up. The truck engines would be turned off and would not run while the hucks are parked. Elechical hook-ups for engine heaters would be provided in the winter. If trailers will be parked for more than a few hours, the tractor is unhooked and leaues the site. Some of the semi-trailers would have refrigerator units. However, Dawes would not be handling perishable good such as produce and so trucks with refrigerator units would not run them while they were at the site. There would not be any fueling stations or maintenance shops on site. 3. Existing operation Staff visited Dawes current locafion in Roseville two times and observed the following: — On Thursday, March 11 at 4:00 PM there were 10 trailers pazked at dock doors and additional trailers parked on the site away from the building. (These trailers did not have any engines running.) There was one truck backing up to a dock and in the next 15 minutes two more hucks arrived on site. (These trucks had their engines rum�ing.) — On Monday, March 25 at 8:00 the business was closed. There were approximately 10 trailers parked at dock doors and other trailers parked on the site away from the building. One parked truck was running and had its lights on. 4. The site plan The plan shows a 27,740 square foot building. It would be 294' long on the side facing Fairview and 93' deep. It would be 28'-5" ta11. The building would have a small office on the south end but most of the building would be for storing and handling goods. The building would have 21 overhead doors for large trucks on the west side (facing away from Fanview) and 5 doors for smaller, local trucks on the north side (these would be visible from the street). Access would be provided using two existing driveways on Fairview. The site also has access from an existing driveway on Prior. Page 2 of 9 a��Z� 2 5. Required findings Section 62.108(c) of the Zoning Code says that in "order to 3 approve the site plan, the plauuing commission shall consider and fmd that the site plan is 4 consistent with" the following: 5 6 (a) 7'he ciiy's adopted comprehensive plan and development or project plans for sub- 7 areas of the ciry. 9 The 1980 Ciry Wide Land Use Plan that was in effect when ttus project was 10 submitted to the City for site plan review says: 11 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 45 46 47 48 49 �) The City should Encourage conditions wiuch allow the mixing of appropriate light indushy with housing and cozzuuercial activities. In cases of incompatible land use, the City will use the techniques lasted above wherever possible to create or nnprove exis6ng buffers between land uses. [The techniques referred to include landscaping, bernung or fencing perimeters and mainta.ining building exteriors to complement adjacent land uses.) The City will ensure through it site plan review requirements that all new development provides adequate buffering as part of its design. The 1980 District 11 Plan which is currently in effect lists the following goals: — Maintain the present balance beriveen residential and commercial and industrial use. — Develop buffers to separate residential areas from commercial and industrial areas. — Confine through traffic to relatively few streets, treat others streets as local, resident serving streets. — When developing majar through streets, minnnize detriment to bordering land uses. — Fairview between Minnehaha and Pierce Butler should be de-emphasized as a through street and access form Fairview to Pierce Butler closed. (This pro}ect is south of the area referred to in this recommendation.) The site plan is not consistent with this finding but can be modified so that it is consistent: The existing driveways on Fairview must be closed to ensure that trucks use Prior Avenue to enter the site. Adequate visual and sound buffers must be provided. Applfcable ordinances ofthe City ofSaint Paul. Although trucking facilities are a pernutted use in an I-1 zoning district, the site plan is not consistent with this finding. However, it can be modified so that it is consistent: Page 3 of 9 1 �� ��-f 2 — The building setback on Fauview does not meet the min;mum required 3 setback and therefore must be increased from 6' at least 7'-5". 4 — The site plan shows two driveways to Fairview Avenue. Fauview is not a 5 truck route. The site has access to Prior Avenue, which is a designated 6 truck route. Therefore, the e�sting driveways on Fairview must be closed 7 8 9 10 11 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 45 46 47 48 49 to ensure that trucks use Prior Avenue. (c) — It is likely that without any noise mirigation, noise from trucks will exceed the maximum levels permitted by the Saint Paul legislarive code. Therefore, a noise study must be conducted to deternune whether additional noise mitigation is needed to ensure that the facility will comply with the noise ordinance and help determine the design and location of any noise mitigation tUat is needed. Preservation of unique geologic, geographic or historically sigrzificant characteristics of the city and environmentally sensitive areas. The site plan is consistent with this finding. The site is a paved pazking lot on industrial property and the surrounding azea is a residential neighborhood. (d) Protection of adjacent and neighboring properties through reasonable provision for such matters as surface water drainage, sound and sight buffers, preservation of views, Zight and air, and those aspects of design which may have substantial effects on neighboring Zand uses. The site plan is not consistent with this finding but can be modified so that it is consistent: The residents in the area have complained in the past about truck traffic on Fairview. The site plan calls for using the existing driveways on Fairview. This would increase the amount of truck traffic on Fairview. The driveways on Fairview should be closed so that all trucks must use Prior Avenue. There is enough room to the south of the exisring main building for trucks to get from Prior to the new building and trucks should be required to use this to minunize noise to the surrounding residential neighborhood. Noise from hucks on the site would have a substanfial effect on neighboring residentialland uses on Fairview and Minnehaha. A noise study by an acoustical engineer should be required to determine if noise barriers are needed and if they aze, how big they need to be and where they should go. JLT is talking about conshucting another building north of the truck transfer facility and this could act as a noise barrier if it was large enough and it was for a use that did not generate significant additional noise. (e) 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. Page 4 of 9 �� s 2 10 11 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 45 46 47 48 49 The site plan is not consistent with tlus fmding but can be modified so that it is consistent: — Traffic on Fairview Avenue is already heavy. Permitting the proposed truck facility to use driveways on Fairview would increase the amount of traffic and would unreasonably affect the residential neighborhood across the street. Therefore, the e�sisting driveways on Fairview should be closed so that trucks use Prior Avenue. �fl — The building is arranged so that most of the loading docks aze on the west side of the building and the building will block most of the noise from these docks from residents on Fairview. However, residents on Minnehaha will be hear noise from these docks unless noise barriers aze built. The building also has five docks on the north end of the building close to Fairview and noise barriers are needed for these docks too. Creation of energy-conserving design through landscaping and Zocation, orientation and elevation ofstructures. The site plan meets current standazds for energy conservation and is consistent with this finding. (g) Safety and convenience of both vehicular and pedestrian traff c 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. �) (i) Public Works staff has reviewed the site plan and deternuned that the plan, including use of existing the driveways on Fairview for the primary access to the truck facility, is safe and consistent with this fmding. The satisfactory availabiliry and capacity of storm and sanitary sewers, including solutions to any drainage problems in the area of the development. There is adequate sewer available. The applicant has not prepazed a detailed storm water drainage plan yet. The site plan is consistent with this finding if a condition is added that a drainage plan must be submitted to staff for approval. Sufficient landscaping, fences, walls and parking necessary to meet the above objectives. The site plan is not consistent with this finding but can be modified so that it is consistent: - Additional fences or wa11s must be constructed, if a sound study shows they are needed to block noise to neighboring houses. — There is no landscaping on the site now. The landscaping shown on the site plan should be increased by planting shrubs that grow at least 10' tall along the west side of the building. Additionallandscaping should be planted around the perimeter of the site where ever noise barriers are Page 5 of 9 �� required. The noise barriers should be setback 10' from the property line 2 3 to provide adequate room forlandscaping. 4 (j) Site accessibility in accordance with the provisions of the Americans with 5 Disabilities Act (ADA), including parking spaces, passenger Zoading zones and 6 accessible routes. 8 The site plan is consistent with this finding if one additional handicapped 9 accessible pazking space is provided. 10 11 (k) Provision for erosion and sediment control as specified in the "Ramsey Erosion 12 Sediment and Control Handbook " 13 14 The site plan does not show erosion or sediment control measures. A condition 15 for approval of the site plan should be that an erosion and sediment control plan 16 must be submitted to staff for approval. 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 45 46 47 48 49 WHEI2EAS, based upon the fmdings noted above, the Commission approved the said site plan subject to the following conditions: 2. 3. � Driveways. All truck traffic to this facility must use the south driveway on Prior Avenue and proceed via the area south of the main existing building. Truck traffic may not use Fairview Avenue. The two existing driveways on Fauview must be closed and replaced with curb and boulevard. Curb and boulevazd work shall be by permit. If other uses are proposed on the site that generate levels of traffic that will not negatively impact the adjacent residential neighborhood, the City would consider permitting reopening driveways to Fairview for these uses as long as the trucking facility did not have access to Fairview. Reopening driveways shall be by pernut. Hours. Hours of operation must be restricted to 7 A.M. to 10 P.M. Monday through Friday to protect the adjacent residenrial neighborhood. The facility may not operate on Saturdays or Sundays. Truck idling. Truck engines must be tumed off whenever riucks aze patked at the dock or on site waiting for more than 15 minutes to load or unload at the dock. Truck parking. Trucks may not stop or pazk on Fairview, Minnehaha or other neazby residential streets. (Public Warks says it can post signs where needed to help enforce this.) 5. Noise analysis and noise mifigation. A noise analysis must be done by an acoustical engineer. The acoustical engineer will be one agreed to by both the City and the applicant. The analysis will deternune the level of noise that could be anticipated from the facility. ff the noise analysis indicates that the faciliry without noise mitigation measures will exceed levels pernvtted under City noise regulations, sound mitigation measures must be constructed to ensure that the facility conforms to City noise regulations. Such sound mitigation measures must be in place prior to operations. If another building will serve as a sound barrier, the walls must be substantaally complete prior to operations. Page 6 of 9 1 �,��s z�{ 2 6. Lighting. E�terior lighting for the facility must be auned and shielded to m;n;mi�e glare 3 light and light spill over on to adjacent residential property. 4 6 7 8 9 10 11 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 45 46 47 48 49 7. Setbacks and landscaping. The setback on Fauview must be increased to 10 feet to permit enough room for landscaping to soften the appeazance of the building. The setback shall be planted and maintaiued with plant material approved by site plan staff and which will grow at least 10 feet tall when mature in order to form a continuous row along the entire east side of the building. � r� 10. Additional landscaping must be planted azound the perimeter of the site wherever noise barriers or visual screens aze required. The noise barriers or visual screens must be setback 10' from the property line to provide adequate room for landscaping. The existing chain link fence in these azeas must be removed. Storm water management. A storm water management plan must be submitted to staff for approval. Accessible parking. One addirional handicapped accessible parking space must be provided. Erosion control. An erosion and sediment control plan must be submitted to staff for approval. WHEREAS, pursuant to the provisions of Saint Paul Legislative Code § 64.206, JLT duly filed an appeal of the site plan approval on Apri123, 1999 and requested a hearing before the Saint Pau1 City Council for the purpose of considering the actions taken by the said commission; and WHEREAS, pursuant to the provisions of Saint Paul Legislative Code § 64.206 the Aamline Midway Coalition duly filed an appeal of the site plan approval and condiUons on May 4, 1999 and requested a hearing before the Saint Paul City Council for the purpose of considering the actions taken by the said commission; and WHEREAS, pursuant to the provisions of Saint Paul Legislarive Code § 64.206 the Northstar Chapter of the Sierra Club duly filed an appeal of the site plan approval and conditions on May 7, 1999 and requested a hearing before the Saint Paul City Council for the purpose of considering the actions taken by the said commission; and �VHEREAS, acting pursuant to Saint Paul Legislative Code §§ 64.206 - 64.208 and upon notice to affected parties, the Saint Paul CiTy Council d'ad on May 12, 1999, duly conduct a public hearing on these three appeals where all anterested parties were given an opportunity to be heard; and WHEREAS, the Council of the City of Saint Paul, having heazd the statements made and having considered the application, the report of staff, the record, minutes and resolution of the Zoning Committee and of the Saint Paul Plauniug Commission, does hereby; Page 7 of 9 i �l��Z� 2 RESOLYE, to affirni the decision of the Planning Commission in this matter in that 3 there has been no showing by any pariy appealing the decision of the Planning Commission that 4 it committed an error as to fact, finding or procedure; and be it further 6 RESOLVED, that the Council ofthe City of Saint Paul adopts as its own, the findings 7 and conditions in this matter as set forth in Planning Commission Resolution No. 99-27; and be 8 9 10 11 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 45 46 47 48 49 it further RESOLVED, that the Council of the City of Saint Paul, having heazd the statements made and having considered the application, the report of staff, the record, minutes and resolution of the Zoning Committee and of the Saint Paul Plauning Commission and acting in the capacity authorized in Saint Paul Legislative Code § 64.207, hereby modifies the decision of the Saint Paul Plamiing Commission by amending condition number 5 by adding a new condition number 5.1 (A - E) as well as adding additional conditions 11, 12, 13, 14 to conditions 1-10 as approved by the Pla.nning Commission in its resolution 99-27 dated Apri123, 1999. 5.1 Noise mitigation. Braslau and Associates conducted a noise analysis. Based upon this analysis, the noise analysis and noise mitigation conditions set forth under condition number 5 aze amended to require: (A) That construction of the "second building" contemplated by the applicant must be undertaken and substanrially completed before truck terminal operafions may begin. The second building is necessary to protect homes in the adjacent residential neighborhood from nighttime noise from hucking operations and to protect these residential azeas from direct and reflected noise from trucking operations. (B) That a second noise analysis conducted by an acousfical engineer agreed to by both the City and appiicant shall be conducted after the substantial completion of the second building and that before the truck terminal operations may begin, this second noise analysis must be submitted to the City for review to detemune whether any additional noise mitigation measures must be considered. (C) That any public address systems aze constructed and configured to eliminate public address noise from adjacent residential neighborhoods. 11 12. (D) Than any mechanical equipment not specifically analyzed must be constructed and configured to comply with the most restrictive applicable state or municipal noise standard in order to protect adjacent residential areas. (E) All other conditions imposed under condition nuxnber 5 shall remain in full force and effect. Mitigation on Minnehaha Sound mitigation will be incorporated into the site plan along Minnehaha Avenue. No entrance on Minnehaha Trucks using this facility must not enter or e�t the site from Minnehaha Avenue. Page 8 of 9 1 �'1 �l—�2� 2 13. Number of trucks The number of hucks entering the site must not exceed 45 per week. 4 14. Annual approval based upon site plan compliance. The site plan is approved for one 5 year. The site plan shall be renewable annually thereafter only after staff makes an 6 annual report on the operations at the facility to the plaiming commission and a finding 7 by the plauuing commission that the facility is being operated in compliance with the 8 conditions contained in the site plan. 10 11 12 13 14 15 FLTRTHER RESOLVED, that the appeals of JLT, Hamline-Midway Coatition and the Northstar Chapter of the Sierra Club be and aze hereby denied; and be it FINALLY RESOLVED, that the City Clerk shall mail a copy of this resolution to JLT, the Hamline-Midway Coalition and the Northstar Chapter of the Sierra Club, the Zoning Adtninistrator and the Saint Paul Planning Commission. � $�.`� �,�.rr•t.� � � � � �� l� t��� f�r�-�`-� \ OR1GiNAL By: Requested by Department of: By: Adopted by cil: ate Adoption ertified by Cou By: — Approved by Mayor: Date Form Ap ved by City Attorney $Y: �ffC.�� G-B-�� Approved by Mayor for Submission to Council By: By. � , \ ���-��_ �`t � �`�°�q AdoptedbyCouncil: Date � Adoptio eitiSed by Council � � e ' By: ., a._ �,,,.�,_—_ --�" Approved by Mayor: Date �t�t S?1-t June 8 DAiE INITipTED GREEN SHEET � � � f , • Ass�cx TOTAL # OF SIGNATURE PAGES oe.�n�r owECron arvwuca � ❑ anwnowar ❑ arcctcxK ❑ nuuxa�amneFSOai ❑ n�uxw.��rc ❑YYORryRIffi4lAIiI) ❑ (CLIP ALL LOCATIONS FOR SIGNATURE) Memorializing the decision of the City Council on May 12, 1999, denying the appeal of JLT 6roup to a decision of the Planning Commission approving a site plan for a truck facility at approximately 630 Prior Avenue North with conditions regulating access to the site, noise, hours of operation and other issues. PLANNING CAMMISSION CIB COMM{TTEE CIVIL SERVICE COMMISSION ISSUE, OF TRANSAMION S Why) Has this persoNfi�m ever xroriced under a coMrzct for fhia depaAment? YES NO Hasthis ye�soNfirtn evet been a dty employeeT YES NO Does this personlfirm possess a sldl� not iwrmallYD� M' any wrtent city emPloyee? YES NO is Mis perso�rm a farpetetl vendorT YES NO �lain all ves answers on senarate sheet and attach to areen shcet COST/REVENUE BUDGETED (CIRCLE ONE) YES NO SOURCE ACTIVITY NUMBER 3 �q -s�.�{ CI'I`Y �F SAIN'I` PALJj., 390 Ciry Halt Telephone: 612d66-8510 Norm Coleman, Mayor IS West Kellogg Boulevard Facsimile: 612-266-8513 Saint Paul, MN 55102 June 29, 1999 Council President Dan Bostrom and Members of the City Council 310 and 320 City Hall 15 West Kellogg Boulevard Saint Paul, Minnesota 55102 RE: Veto of Council File Number 99-52�: JLT Group Dear Council President Bostrom and Members of the City Council: I am returnin� to you, with my veto, Council File 99-524. This resolution unnecessarily puts the city and its taxpayers at sianificant risk of le�al liability. Some of the conditions in the resolution arguably go beyond the city's le�al authority in limiting JLT Group's right to develop its property. This would leave our residents on the hook to pay the costs of a' potential lawsuit and adverse verdict. The proposal by the JLT Group to develop industrial property at Minnehaha and Fairview in the Midway area has under�one a great deal of scrutiny by staff, residents, the Hamline- Midway Coalition, the Planning Commission and its Nei�hborhoods subcommittee, the Business Review Council, the City Council and especially Councilmember Benanav and his staff. The process has presented a challenge in balancing the ri�hts of the JLT Group to develop its property with the nei�hborhood residents' desire to be protected from noise and disruption. The resolution presented by the City Council is close to being a fair balance but severai modifications need to be made. Of the fifteen site plan conditions approved by the City Council four unreasonably restrict the JLT Group's ri�lit to develop its properiy. Specifically the restrictions on the hours of operation (condition 2), the limits on the number of trucks entering the facility (condition 13), and the annual approvai provision (condition 14), are too restrictive and place unreasonable hardships on the business. In addition, condition number three (3) control(ing truck idlin�, is not presently warranted accordin� to the noise analysis prepared by the acoustical en�ineer. I think these site plan conditions can be modified to all concerned and thereby eliminate any need to resort to the courts to resolve this matter. � �(q-Say Councii President Dan Bostrom and Members of the City Council 7une 29, 1999 Page Two I urge the Council to pass an effective compromise that will allow this important development to proceed while maintaining essential protections for the adjacent neighborhood. Sincerely, �JA- ��II�U� Norm Coleman Mayor NC:drm c: Saint Paul Plannin� Commission Members Business Review Council Members Robert Kessler, Director, License, Inspection and Environmental Protection (LIEP) Brian Sweeney, Director, Plannin� and Economic Development (PED) OFFICE OF Tf� CITY ATTORNEY Clayton M. Robinson, Jr., CiryAttorrsey �R -Sa.� CITY OF SAINT PAUL Narm Coleman, Mayor Civil Division 400 Ciry Hal( I S West Ke[logg Blvd Saint PauT, Minnesota 55702 Telephone: 651266�710 Facsimile: 657 298-5679 CiOEdPk.n �9."�,°: i��? t':�;'?or June 8, 1999 Nancy Anderson Council Secretary 310 City Hall 15 West Kellogg Blvd. St. Paul, MN 55102 ;,. + ..r.ar Re: Appeals by JLT, Inc., Siena Club - Northstar Chapter, Hamline-Midway Coalition. Zoning File No. 99-038 Council Action Date: May 12, 1999 Dear Nancy: Attached please fmd the signed original of a resolution memorializing the decision of the Saint Paul City Council to deny all the appeals in the above-entitled matter. Please place this mattei on the Council's consent agenda at your earliest convenience. If you have any questions, please don't hesitate to call. Very ly yours, � " ���'!✓�� Peter W. Warner Assistant City Attomey PWW/rmb Enclosure OFFICE OF LICENSE, TNSPECTTONS AND ENVIItONMENTALPROTECTION Robert Kets[er, Direc[or q�, -s ay CITY OF SAINT PAUL Norm Coleman, Mayor B UII DING INSPECI70N AND DESIGN 350 St Peter Srreet Suite 310 Saint Paut, Minnesota SSIO2-I510 Te[ephone: 612-266900] Facsimile: 612-266-9099 Apri127, 1999 Ms. Nancy Anderson City Council Reseazch Office Room 310 City Hall Saint Paul, MN 55102 Dear Ms. Anderson: I would like to confirm that a public heazing before the City Council is scheduled for Wednesday, May 12, 1999 for the following zoning case: Appellant: JLT Group File Number: 99-101 Purpose: Appeal of a decision by the Planning Commission to approve a site pian for a uucking faciliry with conditions regulating access to the site, noise, hours of operation and other issues. Location: Approxunately 630 Prior Avenue North I have confirmed this date with the o�ce of Counciimember Benanav. My understanding is that this public hearing request wili appeaz on the agenda of the City Council at your earliest convenience and that you will publish notice of the hearing in the Saint Paul I.egal I,edger. Please call me at 651-266-9086 if you have any questions. Sincerely, / !�-�✓✓� Tom Beach Zoning Section Vi':aiia:s � .. ^ -t ������'� � FmsrRUn� • MOTICEAF PUBLIC HEARIIVG The Saint Paul City Counci] wi7l conduct a public hearing on Wednesday, May 12, "1999, at 5:30 p.m. in the City Council Chambers, Third Floor, City Hall- Courthouse, to consider the appea] of JLT Group to a decision of the Planning Commission approving a site plan for a iruelflng facility at approximately 630 Prior Avenue North with conditions regulating �access to the site, noise, hourspf operaUon and other issues. Dated: Apri128, 1999 NANCYANDERSON ' Assistant City Council Secretary , - (Apr.3a) � s=====' ST. PAIIL LLGAL LEDGER'==s'== OFFICE OF LICENSE, INSPECTIONS AND FvWII20N�lEN'I'AL PROTECTiON Rabert Kessler, Director Qg -S a-�\ • � CITY OF SAINT PAUL '�� Norm Caleman, Mayor May 5, 1999 Ms. Nancy Anderson Secretary to the City Council Room 310 City Hall Saint Paul, Minnesota 55102 ZAFRY PROFESSIONAL BUIIDING Suite 300 350 St. Peter Srreet Sent Pau1, Minnesota SSIO2-I570 Telephone: 612-2669090 Facsr,ti[e: 672-266-9099 6I2-2669124 RE: Appeal of the Planning Commissions decision to approve with conditions a site plan review for the JLT/Dawes Trucking facility proposed for the southwest corner of Minnehaha and Fairview Public hearing at City Council scheduled for Wednesday, May 12, 1999 Zoning Files #99-101 and 99-107 Deaz Ms. Anderson: • PLANNING COMI'IISSION APPROVED THE STTE PLAN WITH CONDTTIONS On Apri123 the Planning Commission approved the site plan for a trucking facility at the southwest corner of Minnehaha and Fairview. The approval is subject to 10 conditions intended to minimize the impact of truck noise and tr�c on the residential neighborhood located across the street, including conditions that: — Prohibit truck access from Fairview Avenue and require them to use Prior Avenue — Limit hours of operation � — Limit truck idling — Prohibit truck parking on neazby streets — Require that the applicant pay for a noise study to help determine if noise barriers aze needed. (JLT hopes to have the noise study completed before the City Council meets.) The Neighborhood and Current Planning Commission and LIEP staff recommended approval with conditions. At the public hearing 17 people spoke in opposition and 10 letters in opposition were received. APPEALS HAVE BEEN FILED BY THE APPLICANT AND T'HE DISTRICT COUNCIL The applicant, JLT Group, has appealed rivo of the conditions attached by the Planning Commission. One of these conditions limits the hours of operations to between 7 AM and 10 PM Monday through Friday with no operations on Saturday or Sunday. The other condition requires that trucks must be turned off when they aze parked at the dock or when they aze on site for more than 15 minutes waiting to go to a dock to load or unload.. JLT says that trucking facilities aze a permitted use and that the nature of the trucking industry make tltese conditions impractical. The Hamline Midway Coalition has appealed the Plannina Commission's decision to approve the site plan. They say tha[ even with all of the required conditions, a trucking faciliry at this location will have a • negative impact on the residential property across Fairview and Minnehaha. They aze concemed about noise and air pollution from the facility. They feel that the conditions limiting hours and truck idling aze not enforceable. They are afraid that noise wilt be a problem even if the noise study being done says the facility will not violate City noise standazds. Please notify me if any member of the City Councit wishes to have slides of the site presented at the public hearing. Sincerely, , Tom Beach ATTACHNIENTS page 1 Appeals from JLT Group and Hamline Midway Coalition page 4 Planning Commission resolution page 10 Planning Commission minutes page 28 Staff report and recommendations page 33 Letters to the Planning Commission page 61 Noise information page 63 Truck route information page 65 Location map and site plan � r � L.J _Apr-26-99 10:54A Constructors and Assoc. 651 848-0783 SAIKT s�di � ��AA APPLICATION fOR APPEAL Departmenl ujPlarsning a1�d Economic Develnpmertl Zoxii�g Section 1100 Cily Ha11 AnxeY ZS 6'es1 Fourdt Street Saint Pau7,14f.�'SSIPZ 266-5589 APPELLANT ►Yame 3 '+-� G Address `: Q V�--'�`'"" �'a ��' V�.�._.-� CityS� 3�- �Q St.�Zip paytime phone t�RQPERTY Zoning File Name_^�-� �� /�M'Rj � ""'� - LOCAT{oN A���ess/LOCation �iwh�'.��s � �►SQr TYPE OF APP�AL: Application is hereby made for an appeal to the: CJ Board oS Zoning Appeals �City Caunci! u�der the provisions of Chapter 64, Section ��. Paragraph of #he Zoning Code, to appeal a decision made by the_ ��tM� '-��•��'��"` +��27� q , 19 File number. � �� on -- (dafe of dQCision) GftOl]NDS FOft APPEAL: �xplain why you feel there ha5 been an error in any requirement, pErmit, decision or refusaf made by an ad a o the Plan n Comm ssion fact, procedure of finding made by the Board of Zoning App 9 �.�: � �-�� � �"�� �"�� � c��� Attach additional sheet if P_02 ���'� • • Applicani's signaturs� — Pate `E' City agent • � • n U rwr. �.is��� ic�:�sar•i HHIILIMEiMIDb1HY � ��� t�'0.237 P.1 a��s�� q���d7 HA.MLINE 1V��DWAY CQA�,IT�QI�.� Ham�utePazkPlaygroundBwldi¢g � 1564L�iondAcenue,SaintPaul,DiY551Q4 • -6?G-i9sG • -641-6t23 May?,1999 —� — — — �--- — Councilmember Daniel Bosirom St. Paul Ciry Covnci? 1� W, Kelloga Blvd. St. Paul, Iv1�i 155102 Dear Councilmember Bos�rom: On behalf of the neighbors Iiving in tlte area surroundina F.airview and � iviinnehaha Avenues, the Hamline IvTidway Coalitiori Board of birectors wishes to appeal the Planning Cominission's April 23, 1999 appro�al of the jI,T/T)awes Truckinb faality siCe plan. The proposed truck transfer fariiity is an incompatible land use with respect to the residential area direcfly east and north of the siEe. In approvulg Ehe site plazt, tIze Planning Commission was mandated to follow St. Paul Zoniag Code �62.103 (c) conceming Site Plan review and approval, Said Code staee5: • "In order to approve the site plan, Ehe Plazu Contu'ussion sltell consider and fznd that the sit� plan is consiseent with... (4) Protection of adjacent and neighbocing properties through reasonable provision for suclt maEters as surface tivater drainage, sotuld and sight btiffezs, preservafion of views, light ai�d air, and those aspec�.s of design which may have suUstan�ial effect on nei�hboring land uses." The Planning CommiSSion recoo ized rhe significant ad�erse impact of the proposed truck transfer facility on tlie neighborhood and placed ten (10) candiEions on its resolution of approval to easz these effects. However, it erred in approving tfie plan because neighboring properties and residents wili not Ue protecEed and wiIl be negaHvely impacted �vith regard to these important factors. 1) 'I'he area arowld Ivinlnehalla and �airvzew curren1y has an elevated air pollurion index as a result of: a) uldustry to the immediaEe south, west, and northwest; b) �eavy truck and other vehicular tra`8c bn several nearby major streees and thoroujhfares; and, c) the Burlin,o-,ton Vorthem-Santa Fe Railroad Intermodal facility, located five (5) b1oc1<s nortll of tne site. The proposed facility will generate considerable smaIl truck and semi-tiuck traffic and idling. Both Ehe gasoline and the diesel fuel will increase the air poIIu!ion index and, consequently, presenE more of a healtlz hazard Htian the present air quaIity. In its resolution, the Commission placed a 15-minute lir_ut on t�uck idling, but #his condition is not consistently enforceaUle. Dedicate�lla muwin� ll�e Nuntlane daidmc�y ne��hborbeoct a 6e.Ke�• plrrce to ln�e ancl wark, �.�m 2 iHf. �.1:55 1���2EPM Hr+MLINEihIIuW�IY No.237 P.2 • Councii Pmsident Dan Bo<_hom �1ay 4,1999 Pa�e 2 Fe: 2F �99a3S 2) Accordin� Ya the manager oF Dawes Tzucldng, semi-trucks from aut-of-state wili arrice at all �nes oE day and ni;11e and be allowed to enter the sitz at anytime, including night-time. The noise of trucks arriving a#ter the approved hours of operation--between 7:00 a.m. and 1d:Od p.m.—and the possible running of their motors, is certain to affect neighbors. xhe testimony of Dawes Trucking representatives and the impossibility of canstanh enforcement defies the viability of this condition. 3) Durino the approved hours of operaf�an (7:00 a,m. - lO:QQ p.m.), noise from truck traffic, engine idling, back-up beepers and air brakes is of great concexn to fhe neighborhood. The Plaruung Commission required the applicant to conduct a noise study to deterr.une if JLT w-ill Ue requixed to build a sound barrier. Residents are concerned fihaE if the sfudy does not proc� concl¢sivety that noise miHgation measures must be tal<en, the noise will necerLheless be an on-going nuisance to the nei�hbors. I�1 passing the site plan, the Plannin� Commission failed to ensure compatibiliEy of this plan tivith neighboring residents. For the above reasons, we ask that the City Council accept and hear our appeal. We oppose the site plan because we Uelieve that the operation of the JLT/Dawes truck h�ansfer facilifiy is incompatiUle with the residential neighborhood to the immediate north and east of the siEe. 4�%e Iook forward to hearing from pou conceming our request. Please conEact me or Cathy Lue, I�MC commtuuty organizer, at (651) 646-1986—phone; (651) 641-67.23—fa.�c. Sincerely, ��� �� Jod.i M. BanClep Executice Director /jmU cc: Councilmembet Jay Benanav Councilmember Jerzy Blal<ey Tom Beach, LIEP Gladys Morton, Planninb Commission �� u 3 �q ,sa� � city of saint paul planning commission resolution fite number 99-27 date Apri1 23, 199 �VF�REAS, JLT GROUP, file �99038, has submitted a Site Pian for review under the provisions of Section 62.103 of the Saint Paul Le�islative Code, to allow a trucking facility on the west side of Fairviecv Avenue, % block south of Ivfinnehaha Avenue, le�ally described as Section 33 To�vnship 29 Range 23 except avenues the norch 561 33/100 feet of northeast I!4 of northwest 1/4 of Section 33, Township 29 Range 23; and `VHEREAS, the Saint Paul Planning Commission, on 03/26/99, held a public hearing at �vhich all persons present were given an oppoRunity to be heard pursuant to said application in accordance with the requirements of Section 62.103 of the Saint Paul Legisfative Code; and `VHEREAS, the Saint Paul Planning Commission, based on the evidence presznted at the public hearin� as substantially reflected in the minutes, made the foltowin� findin�s of fact: • l. Dawes Trucl:ina The truck transfec faciliry would be built by JLT and operated by Dawes Tnickin�. Dawes would brin� a variety of goods to the site from local businesses using smaller city trucks. The goods �vould then be consolidated inside the building and toadzd onto semi-trailers and shipped out of state. Da�ves currently operates out of a buildin� located in Roseville. Ho�vever, this building is too small and Da�ves �vants to move to get more room 2. Proposed operatio❑ John McDaniels, the owner of Dawes Trucking, described the proposed operation to staff, includina the hours of operation and thz number of trucks: Hours of operation - The facility would be open Monday throueh Friday. It would normally be closed on weekends although occasionally there would be an individual truck on weekends. - During the week the facility woufd open at 7A�1. Tuesdays and Fridays are the busiest days and the facility would normally stay open until midni�ht on those niehts. On Monday, Wednesday and Thursday the facility wou(d cfose at 8 or 9 P.M.. y - Peak hours are late afternoon (3 to 6 P.MJ • moved bv Faricy seconded bv in favor 14 (2 abstentions Dandrea, Donnelly-Cohen) against � ZF �99038 Pa�e 2 of Resolution Number and types of trucl:s — There wou(d be approsimately 35 semi-trailer trucks a�veek takin� frei�ht out and another 10 semi-trailer trucks brin� frei�ht in. (On Tuesday and Friday when they are busier, there «�oufd be 10 semi-trailer trucks a day. On bfonday, �Vednesday and Thursday there would be fe�ver semi-trailer trucks. — There would be 6 to 8 smaller local trucks a day Ivlonday thru Friday. These trucks would [eave in the morning, pick up or de[iver goods [oca(ly, and retum in the afrernoon. — The lar�e traifers rypically take 3 or 4 hours to toad. However, a traiter may site at the dock for a day or tw�o until it is picked up. The truck engines would be tumed off and would not run whi[e the trucks are parked. Electrica( hook-ups for engine heaters would be provided in the winter. If trailers wi(I be parked for more than a few hours, the tractor is unhooked and leaves the site. — Some of the semi-trailers wouid have refri�erator units. However, Dawes wou[d not 6e handlin� perishable good such as produce and so tucks with refri�erator units would not run them while they were at the site. — There would not be any fuelin� stations or main[znance shops on site. • Existing operation Staff visited Dawes current location in Roseville rivo times and observed the FOI IOR7Ro: — On Thursday, March 11 at 4:00 PM there �vere 10 trailers parked at dock doors and additional trailers parked on the site away from the buildin�. (These trailers did not have any engines • ranniag.) There was oae tr¢ck backina up to a dock and in the aext 15 minutes nvo more trucks arrived on site. (These trucks had their en�ines runnin�.) — On Monday, March 2� at 8:00 thz business �vas closed. There were approximately 10 trailers parked at dock doors and other trailers parked oa the site away frorri ihe buildin�. One parked truck was runnin� and had its li�hts on. 4. The site plan The plan shotivs a 27,740 square foot building. Ii tivould be 294' long oa the side facin� Fairview and 93' deep. It woufd be 28'-5" talL The buitdin� would have a small ofFice on the south end but most of the building �vould be for storin� and handling goods. The building would have 21 overhead doors for laroe trucks on the west side (facin� ativay from Fairview) and 5 doors for smalfer, local trucks on the north side (these woufd be visible from the street). Access would be provided using rivo existin� driveways on Fairview. The site also has access from an existing driveway on Prior. Reqnired findinas Sec[ion 62.108(c) of the Zonin� Code says that in "order to approve the site plan, the plannin� commission sltalf consider and find [hat the site plan is consistent with" the fol(owin�: (a) The city's aclopted comprehensive p1ar: and developmznt or project plans for sub-areas of the city. Thz 1930 Ciry' �Vide Land Use Plan that �vas in effec[ «hen this project was submitted to the City for site plan revie�v says: . s �� - s a' ZF �99038 • Pa�e 3 of Resolution - The City should Encoura�e conditions which allow the mixing of appropriate light industry with housin� and commercial activities. - In cases of incompatible land use, the City will use the techniques listed above wherever possible to create or improve existin� buffers behveen land uses. [The techniques referred to include landscapin�, berming or fencin� perimeters and maintainin� buildin� exteriors to comp(ement adjacent land uses.) — The City will ensure throu�h it site plan review requirements that all new development provides adzquate bufferin� as part of its design. The 1930 District 11 Plan which is currently in effect lists the followin� goats: — bfaintain [he present balance beriveen residential and commerciaf and industrial use. — Develop buffers to separate residential areas from commercia( and industrial areas. — Confine through traffic to relativefy few streets, treat others streets as local, resident serving streets. — �Vhen developing major throu?h streets, minimize dztriment to borderin� land uses. — Fairview behveen Minnehaha and Pierce Butler should be de-emphasized as a through street and access form Fairvietiv to Pierce Butler c(osed. (This project is south of the area referred to in this recommendation.) The sire plan is not consistent with this findins but can be modified so that it is consistent: • — The esisting driveways on Fairview must be ctosed to ensure that trucks use Prior Avenue to en[er the site. — Adequate visual and sound buffers must be provided. (b) Applicable ardinances of the City of Saint Patrl. Althou�h truckin� facilities are a permitted use in an I-I zoning district, the site plan is not consistent with this findin�. However, it can be modified so that it is consistent: — The building setback on Fairview does not meet the minimum required setback and therefore must be increased from 6' at least 7'-5". — The site plan shows hvo drive�vays to Fairview Avenue. Fairview is not a truck route. The site has access to Prior Avenue, �vhich is a designated truck route. Therefore, the existing driveways on Fairview must be closed to ensure that trucks use Prior Avenue. — It is likely that without any noise miti�ation, noise from trucks �vill exceed the maximum feve(s permitted by the Saint Paul Iegislative code. Therefore, a noise study must be conducted to determine whether additional noise miti�ation is needed to ensure that the faciliry will compfy �vith the noise ordinance and help detertnine the design and location of any noise miti�ation that is needed. (c) Preszrvation of unique geologiq geographic or historically signrftcant characteristics of the city and environmentally sensitive areas. The sitz plan is consistent with this findin�. The site is a paved parkin� tot on industrial • ZF 99038 � ZF #99033 Page 4 of Resolution property and the surrounding area is a residen[ial neighborhood. (d) Protectian of adjacent and neighboring properties through reasonable pravi,rion for such matters as surface water drainage, soz�nd and sight buffers, preservation of views, light and air, and thase aspects of clesign which may hme substantia! effects on neighbaring land uses. The site plan is not consistent �vith thi; findin� but can be modified so that it is consistent: — The residznts in the area have complained in the past about truck tra�c on Fairview. The site plan calls for using the existiag driveways on Fairview. This uoald increase the amount of truck traffic on Fairview. The driveways on Fairview should be closed so that all trucks must use Prior Avenue. There is enou�h room to the south of the existin� main building for trucks to get from Prior to the ne�v buifdin� and trucks should be required to use this to minimize noise to the surroundin� residential neighborhood. — Noise from trucks on the site �vould have a substantial effect on neighboring residential land uses_on Fairview and Minnehaha. A noise study by an acoustical en�ineer should be reqaired to determine if noise barriers are needed and if they are, hocv big they need to be and where they should go. JLT is talking about constructing another building north of the truck transfer facitity and this could act as a noise barrier if it �vas (arae enough and it was for a use that did not generate significant additional noise. � • (e) The arrangement of bc�ildings, :�ses and facilities of the proposed development in order to assure � nbutting property ancUor its occ:rpants tivi11 nat be zmrecr,ronably affected The site plan is not consistent �vith this findina but can be modified so that it is consistent: — Traffic on Fairview Avenue is already hear,y. Permittin� the proposed truck facility to use driveways on Fairview would incrzase the amount of traffic and would unreasonably affect tlie residential neighborhood across the street. Therefore, the existing driveways on Fairview should be cfosed so that trucks use Prior Avenue. — The buildins is arranged so that most of the loading docks are on the ��est side of the baildin� and the buiidin� will block most of the noise from these docks from residents on Fairview. However, residents on Minnehaha will be hear noise from these docks unless noise barriers are built. The buildin� afso has fice docks on the north end of the building close to Fairview and noise barriers are needed for these docks too. (� Creation of energy-eonserving design through landscaping ancf location, orientation and elevation ofstruch�res. The site plan meets current standards for eneray conservation and is consisten[ with this finding. (g) Safety nnd com�enience of both vehiczrlar and pedestrian traffic bath within the site and in relntiof: to access streets, including traffic circulation features, the locations ancf design of entrances and exits ar:d parkir:g areas within the site. Public l�,'orks staff has revie�ved t(�e site plan and dztermined that the pfan, inc[uding use of existing the driveways on Fairview for the primary access to the truck facility, is safe and • consistent with ihis findin�. 7 q g�- sa� ZF k99038 • Pa�e 5 of Resolution (h) The satisfactory availability and capacity ofstorm and sanitary sewers, incZuding solutions to any drainage problems in the area of the development. There is adequaie sewer available. The applicant has not prepared a detailed storm water draina�e plan yet. The site plan is consistent with this finding if a condition is added that a draina�e plan must be submitted to staff for approval. (i) Sz�cient landscaping, fences, walls and parking necessary to meet the above objectives. The site plan is not consistent with this findin� but can be modified so that it is consistent: - Additional fences or walls must be constructed, if a sound study shows they are needed to block noise to neighboring houses. — There is no landscaping on the site now. The landscaping shown on the site plan should be increased by plantin� shrubs that grow at least 10' tall along the west side of the building. Additional landscaping should be planted around the perimeter of the site where ever noise barriers are required. The noise barriers should be setback 10' from the property line to provide adequate room for landscaping. Q) Site accessibility in accordance with the provisions of the Americans with Disabilities Act (ADA), inclt�ding parking spaces, passenger loading zones and accessible rozrtes. • The site plan is consistent �vith this finding if one additional handicapped accessible parking space is provided. (k) Provision for erosion and sediment control ns specified in the "Ramsey Erosion Sediment and Control Handbook. " The site plan does not show erosion or sediment control measures. A condition for approval of the site plan should be that an erosion and sediment control pfan must be submitted to staff for approval. NOW, THEREFQRE, BE IT RESOLV ED, by the Saint Paul Planning Commission, that under the authority of the City's Le�islative Code, the appfication for Site Pfan Review to establish a trucking facility on the west side of Fairview Avenue,'/: block south of Minnehaha Avenue is hereby approved, subject to the following conditions: I. Ariveways All truck traffic to this facility must use the south driveway on Prior Avenue and proceed via the area south of the main existing buildin�. Truck tra�c may not use Fairview Avenue. The two esistin� driveways on Fairview must be closed and replaced with curb and boulevard. Curb and boulevard work shall be by permit. If other uses are proposed on the site that generate levels of traffic that will not ne�atively impact the adjacent residentia( neighborhood, the City would consider pzrmittin� reopenin� driveways to Fairview for these uses as lon� as the trucking facility did not • have access to Fairvietiv. Reopening driveways shall be by permit. �� ZF #99038 Page 6 of Resolution 2. Hours Hours of operation must be restricted to 7 AM to 10 PM Monday through Friday to protect the adjacent residential neighborhood. The facility may not operate on Saturdays or Sundays. 3. Truck idling Truck en�ines must be turned aff �vhenever trucks are parked at the dock or on site waitina for more than 15 minutes to load or unload at the dock. 4. Truck parking Trucks may not stop or park on Fairview, Minnehaha or other nearby residential streets. (Pubfic Works says it can post signs cvhere needed to help enforce this.) 5. Noise analysis and noise mitigation A noise analysis must be done by an acousticat engineer. The acoustical engineer will be one agreed to by both the City and the applicant. The analysis will determine the [evel of noise that could be anticipated from the facility. If The noise analysis indicates that the facility without noise mitigation measures will exceed leve(s permitted under City noise regulations, sound miti�ation measures must be constructed to ensure that the facility conforms to City noise regulations. Such sound mitigation measures must be in place prior to operations beginning at the facility. If walls or fences will act as sound barriers they must be in place prior to operations. If another buildin� wilf serve as a sound barrier, the walls must be substantially complete prior to operations. • 6. Lighfina Exterior ti�htia� for the faciliry must be aimed and shielded to minimize glaze light and li�ht spill over on to adjacent residential property. 7. Setbacl:s and landscaping The setback on Fairview must be increased to 10 feet to permit enou�h • room for landscaping to soften the appearance of the buildin�. The setback shall be planted and maintained with plant material approved by site plan staff and which will grow at least 10 feet tall when mature in order to focm a continuous row alon� the entire east side of the building. Addi[ional landscapiag must be planted around the perimeter of the site where ever noise barriers or visual screens are required. The noise barriers or visual screens must be setback 10' from the property line to provide adequate room for landscaping. The esisting chain link fence in these areas must be removed. 8. Storm water management A storm water management plan must be submitted to staff for approval.. 9. Accessible parl:ing Oae additional handicapped accessible parking space must be provided. 10. Erosion control An erosion and sediment control plan must be su6mitted to staff for approval. 1\Pedlsys2\SHA RE DIBIRKHOLZ�PLANN ING\RES O LU"C�ILTResolution.wpd � 0 �� -�a� Saint Paul Planning Commission Ciri' Hall Conference Center 15 Kellogg Boulevard West A meeting of the Plannin� Commission of the City of Saint Paul was held Friday, Apri123, 1999, at 830 a.m, in the Conference Center of City Hall. Commissionen Present: Commissioners Absent: Mmes. Donnelly-Cohen, Duarte, Engh, Faricy, Geisser, McCall, Morton, Nordin and Messrs. Corbey, Dandrea, Field, Fotsch, Kramer, Mardell, Nowlin and Shakir. Messrs. Gervais, *Gordon, *Johnson, Kon„ and *Margulies *Excused VI. Neighborhood and Current Plannine Committee JLT Group Site Plan for a truckin� facility on the west side of Fairview Avenue, % block south of Minnehaha Avenue -(Tom Beach, 2b6-9086, LIEP) Commissioner Faricy reported that the committee met last Tuesday to review the site plan for Dawes Trucking Company, located on JLT property in the Midway. The Committee came up with a unanimous recommendation for the Planning Commission. MOTION: Commissioner Faricy moved approval ojthe requesred sire plan, subject to the fol[owing ten conditions: Drivewavs Al! truck traffiC to this jacility must use the south driveway on Prior Avenue and proceed via the area south of the main existing building. Truck traffic may not use Fairview Avenue. The !wo existing driveways on Fairview must be closed and replaced with curb and bou[evard Curb and boulevard work shall be by permit Ijother uses are proposed on the site that generate leve[s of traJfic that wi11 not negatively impact the adjacent residential neighborhood, the Ciry wou[d consider permitting reopening driveways to Fairview jor these uses as long as the trucking facility did not have access to Fairview. Reopening driveways shal! be by permit. 2. Hours Hours of operation must be restricted to 7A��1 to 10 PMMonday through Friday to protect tlee adjacent residential neighbo�hood Thefacility may not operate on Saturdays or Sundays. 3. Truck idling Truck engines must be turned off whenever trucks are parked at the dock or on site waiting for more than 15 minutes to load or unload at rhe dock. 4. Truck parking Trucks may not stop or park on Fairview, Minnehaha or other nearby � 7 • • �0 � t ct � - �S �-�i . residential streets. (Public Works says it can post signs where needed to help enforce this.) 5. Noise analysis and noise mitigation A noise analysis must be done by an acoustical engineer. The acoustical engineer wi!! be one agreed to by both the City and the applicant The anaZysis wi!! determine the level of noise that cou[d be anticipated from the facility. If the noise analysis indicates that the facility without noise mitigation measures will exceed levels permitted under City noise regulations, sound mitigation measures must be consiructed to ensure that the faci[iry conforms to Ciry noise regulations. Such sound mitigation measures must be in p[ace prior to operations beginning at the facility. If walls or fences wi!! act ar sound barriers they must be in place prior to operations. If another building wi[I serve as a sound barrier, the walls must be substantially complete prior to operations. 6. Lighting Exterior lighting for the facility must be aimed and shie[ded to minimiZe glare light and light spill over on to adjacent residenlial praperty. 7. Setbacks and landscaping The setback on Fairview must be increased to IO feet to permit enough room for landscaping to soften the appearance of the building. The setback shall be p[anted and maintained with plant material approved by site plan staff and which wi!! grow at least IO feet tall when mature in order to jorm a continuous row along the entire east side of the building. • Additional landscaping must be planted around t/te perimeter ojthe site where ever noise barriers ar visual screens are required The noise barriers or visual screens must be setback 10'jrom the property line to provide adequate room for landscaping. The existing chain link jence in these areas must be removed 8. Storm water management A storm water management plan must be submitted to staJf for approval. 9. Accessible parking One additional handicapped accessible parking space must be provided 10. Erosion control An erosion and sediment contral plan must be submitted to staffjor approval. Commissioner Nordin asked if the City would require JLT Group to come back for another site plan review if they decide to build the other building somewhere else on the site. Mr. Beach responded that they would. Commissioner Nordin commented that it is very difficult to control where the trucks park when they arrive afrer the site closes at 10 p.m. She asked if it might be possible to ask the truckers to park in a designated area in the rear of the site to idle their trucks. Ivir. Beach stated that it is his understandin� that the applicant would be a�reeable to desionatin� some spots down by Prior behind an existing buildin�. NIOTIOti Commissioner Nordin moved to add under the 4"' condition that the owners • establish an area of truck parking in the secluded southwest corner of the site jor early truck � I1 � ,ii r% ;i :� arrival; Commissioner Geisser seconded the motion. Commissioner Faricy informed the Commission that such a discussion took p(ace at the committee meeting and it was her recollection that they decided to leave that issue to ttte discretion of the Departmeat of License, Inspection and Environmental Protection and the owner to figure out a legitimate, logical place for them to park. Commissioner Geisser encouraged other commissioners to add their ideas. Commissioner Faricy added that some of these trucks will be coming in al( ni�ht long. Talking with a trucker, she found out that truckers must keep a log. They can drive for 10 hours strai�ht; then they have to be ofFthe road for 8 hours. If they drive 70 hours in seven days, they have to take 24 hours off: There is no question that these trucks will come and go at different hours. Many of these truckers are individual corporations. We will need to do something about these trucks or they will be lined-up on Prior, idling. Perhaps, afrer the noise analysis, something can be set up. Commissioner Fotsch realizes that if these trucks come in at different times, they will need to go somewhere. His concem is that if any of them aze allowed to come in, the hour requiremeni is eliminated. Once they get to the site, iYs another intrusion into the neighborhood. There aze many truck stops around the Interstate. He thinks they should be required to time their arrival into the site when it's open. He does not support the amendment. Commissioner Nordin stated that the reason why she is bringing pazking on-site to the table is because of her experience of living in the city. In the Northwest Quadrant where she lives there is a �Vards Distribution Center on the southwest comer of Snelling and Como. The owners of a handful of houses near there have done everything possible to try to get the City to help them, but there is no way to control the truckers. They come and go as they p]ease. The diesel's need to run in our cold climate. All the streets around the Wazds azea aze signed for no pazking after 10 p.m. and before 6 a.m., but the residents are constantly calling the police tellin� them that there are trucks pazked violating the law. Commissioner Faricy asked if Commissioner Nordin would go along with aliowing LIEP to make that decision with Dawes Trucking. Commissioner Nordin agreed to add that to the amendment. Commissioner Corbey asked Mr. Beach if the truckers will be empioyees of Dawes Trucking or independent operators in order to establish responsibility. Mr. Beach believes the truckers aze not employed by Dawes Truckin�. Commissioner Corbey thinks the Commission needs to adopt some type of motion that will cover these truckers, because if they're not employees of Dawes, they will be running wild. Commissioner Kramer appreciated the intent of the motion, but he feels that the Committee has put together a good resolution and he doesdt want to further complicate the issue. The nei�hborhood hasn't talked about the issue of a designated place for the truckers to idIe and the committee didn't address it. He said he was uncomfortable with trying to craft a statement today, about where the trucks wiil be allowed to id(e on-site without havine the appropriate � • • • )2 a�-Sa�t discussions. He sTated he is a�ainst adopting this amendment. If that decision is delegated to staff (LIEP), it eliminates any public involvement in that decision. Ma} be that's something the Commission wants to do, but that issue has not been addressed, and Commissioner ICr • not comfortable with inserting ii in as a condition. amer is Mr. Beach responded about the comment that if LIEP handled this issue, there would not be any chance for neighborhood input. He suggested that the amendment could be would detennine the truck idling area in consultation with the district co¢ncit. He added LIEP did phrased that LIEP make a decision about where the trucks could park and someone didn't ao �at if the decision could be appealed. o ree with it, Commissioner Nordin suggested different Ianguage for the amendment: The owr�er shall coordinate with LIEP and the district councii to establish a designated idfe area for afrer hour truck parking. The idle area shall be marked with adequate signage. Commissioner Geisser accepted the change in language. Commissioner Now]in stated that he wil( go along with the Committee recommendation, but he is still troubled by the bigger picture here. It is his understanding that the Commission is looking only at the site plan review because the zoning authorizes this use. This property is located on the edge of an industrial area that has had many trucking concems. It is a big chunk of land, and this is a very Iow intensity use, in his opinion. It's obvious that this use could create a problem. He wonders if the Committee got assurance that this use was " �� • area or did they make the assumption that, based upon zoning, they had to 0o with it. OK m this Commissioner Faricy responded that the Committee did look at the situation and the did the decision based upon the zoning because this site is zoned I-1. Y make • Commissioner Kramer asked for clarification on the amendment. Was it that there shall be this facility for parking on the site or that it wili exist if they can work it out? Commissioner Nordin replied that the amendment is intended to say that LIEP, the owner, and the district council shall discuss and determi�e whether ihere would be a designated "idle" area. If they agree to put one on-site, then the idle area shall be marked with adequate si�nage. Mr. Warner stated that it's good to invo(ve the district planning counci! if this altows for closer contact with the neighbors and their concerns. He asked Commissioner Nordin if, impl;c�t;n her motion, she was g�ving the district counci! some sort of veto authori Nordin replied that he is giving the neighborhood the option of having the trucks park ty. Commissioner anywhere they want on the street and having residents make phone calis to the police because the truckers are not followin� the signage or settling for the trucks to park on a certain of the site that would be the least disruptive to their residential neighborhood. respoaded that, with respect to zoning, the authority to zone is vested in the City and the ortion Planning Commission in their advisory capacity. It can't o an Mr� Warner exclusively, has the authority to decide the conditions, etcg If the mot on s t make sur t at the ❑eighborhood district council is involved in the process, thars great. If it is anythin� that, it would be an improper delegation of the City's zonin� authoritv. o more than CommissionerNordin asked ifthis issae coWd be delayed fortwo weeks, The Commission b' • �� � responded that it could not. Commissioner En�h spoke against the motion because: 1) it undoes the conditions in #3, #4 and #5; 2) there are a host of conditions already imposed; and 3) there's a dirth of knowiedge on • what the noise mitigation is going to be. She appreciates the motion because it's seems to be trying to contemplate some practical reality, but on the other hand, there's a gap of information the Commission is not even going to know. She also feels the motion is micro mana�ing what the staff is going to have to determine at a later date. Staff needs to have the leeway to implement all of these conditions, which she thinks are fairly restrictive and should be, considering where the property is. Commissioner Faricy called the question. Commissioner Nordin withdrew her motion to amend. Commissioner Faricy withdrew calling the question. Commissioner Field asked if the Commission acts today on the motion as it stands, can it come back at a later time, if the problem exists, and modify the site plan to permit such an "idling" area, if there's a human cry. Mr. Wamer replied that the Commission could do that. Certainly, if it appears in the future that the conditions are not being abided with, the City has a number of legal tools that it could take advantage of to bring a cause of action. Commissioner Field asked if, afrer the City undertook some type of enforcement proceedin�, could the Planning Commission modify the site plan to accomplish what Commissioner Nordin su��ested. Mr. Wamer replied that it all depends on the outcome of the enforcement action that City brings. Commissioner Field asked if the applicant, in this particulaz case, determined, that in light of police calls, it would make more sense to estab(ish a parking spot on their property for truckers • to park, could they then apply for a revision of their site pIan, which woald then be subject to staff and eventually, Planning Commission review. Mr. Wamer replied thac they probably could not. It is their property; it's a permitted use. If they wanted to establish a parking azea, it probably wouldn't require any City review. Commissioner Nordin asked if a legal recourse was the only recourse the neighborhood might have if there is a probtem in the future. Mr. Wamer responded that the City has a variety of tools that it could exercise, legaliy, to address the problem on-site, if there are problems and complaints are made. The nei�hbors have the option of a number of legal theories they could apply. Commissioner Corbey, referrin� to the letter received from the JLT Group, stated that they proudly say that they own approximately 2 squaze feet in the Midway area. He asked if the Planning Commission could suggest that they allow the truck parking for Dawes on other property owned by JLT, perhaps at 739 Vandalia Street, in order to sett(e this situation. Mr. Warner replied that it could. Commissioners Dandrea and Donnelly-Cohen abstained from the discussion and also from the vote. � � !'f �g - s a`t The motion on the floor to approve Ihe requested site plan with conditions carried on a roll ca!! vote (Dand�ea ¢nd Donnelly-Cohen ¢bstaining), • �• Communications Commitfee Commissioner ICrar�er reported that the Committee is waiting for the first draft of report from the City desi�er. the annual �- Task Force Repo� Advertisina Si n Committee Prelimina n' Re ort -(La�, Soderholm, 266-6575) Commissioner Field reported that the task force held a it was moved to lay the matter over in its entire meeting one week ago, Thursday, where known, regarding the use of amortization. � until the outco me of pe�ding legislation is Commissioner Engh, referr�ng resolution to adopt the Saint to the following provision in the recentl on it vis-a-vis state law that wou d�o err r e an ecial District Si y p�sed City Council gn Plan, asked what is the timing y sort of study on the use of amortization: RESOLVED, that the Council requests that the Plannino back to the City Council within six months as to the use of amortiz 4on for e bi(Iboards in the Saint Anthon Park, and report Specia( Sign Districts and as to the a Grand Avenue, Smith Avenue and mOVal of ppropriate amortization eriod Hl°h�a�d Village Mr. Ford res p for such uses; • ponded that in the City Council's adoption of that the amorti2ation provision was eliminated. Mr. Ford asked Mr. Soderholm if there was an Mr. Soderholm replied that the Planning Commission's report wili consist of hvo sentences if the law is y��er clarification on the study. with regards to nd make rts ci�ement for the Plannin� Counci( approved the resolution to have a s o Commissio to finish its work ty-wide rec ommendations. He added that the City following up with an ordinance amendmentth k,;i�n district for District 12, M W the four readings, and also requires a public hearin go before the Ci rner is already says the g but it will do exactly�vhatithe�re ol � nugh y are on record as S�pporting. Mr, W�er believes that ordinance next Wednesday's agenda for third reading, wi11 be on Commissioner Field elaborated that there is a petition circulating involvin nuisance as reflects bi(Iboards to go onto the ballet. He added that his understandino that special sig� districts were to g some theory of voted in opposition to the Saint Antho y gpe�a�ls� 9°ality ofa a h� been of the Saint Anthon area. p� area. He noted that he the use of a special sign district on an entire area � on District because it was all enco if it were possible, that the Advertising Task Force ook at special area, e.g., Grand Avenue. In the case of Saint Anthon o res ect ce tooi to accomplish an objective that Saint Anthon p � 4ua(ities of a with the intent of the s ecial si� Y he found it was used more as a Y Pazk wanted, but he didn't see it in keeping districts in eve P an district. He thinks the Commission wi(! be seeine ry planning district of the city, and he doesn't think that w legislation. o Special sign as the intent of the • � �� Saint Paul Planning Commission City Hall Conference Center 15 Kellogg Boulevard West A meeting of the Planning Commission of the City of Saint Paul was held Friday, March 26, 1999, at 8:30 a.m. in the Conference Center of City Hall. Commissioners Present: Commissioners Absent: Mmes. Duarte, Engh, Geisser, McCall, MoROn, and Messrs. Corbey, Dandrea, Field, Fotsch, Gervais, Gordon, Johnson, Kramer, Mardell, Margulies, and Shakir. Mmes. *Donnelly-Cohen, *Faricy *Nordin and Messrs. Kong and *Nowlin *Excused Also Preseat: Ken Ford, Planning Administrator, Jean Birkholz, Martha Faust, Tom Harren, Nancy Homans, Larry Soderholm, Jim Zdon, Department of Planning and Economic Development staff; Tom Beach and Bob Kessler from the Department of License, Inspection and Environmental Protection. IV. PUBLIC HEARING: Site Plan Review for a trucl:ing facility on the west side of Fairview Avenue,'/z block south of Aiinnehaha Avenue, JLT Group (Tom Beach, 266,9086, LIEP). Chair Morcon read the rules and procedures for pubiic hearin�. Mr. Tom Beach eave a short presentation before testimony w�as taken. JLT Group submitted a site plan in February for a new truck transfer faciiity. Eazlier this month the Hamline-Midway Coalition asked the Plannine Commission to hold a public heazing. Mr. Beach noted that since the staff report was written, there have been more discussions with JLT. There are some chanees to the written staff report; a sheet has been passed out reflecting those changes. The properry at 625 Fairview Avenue is owned by JLT Group; the wcking facility will go on a eastern portion of the property, next to Fairview Avenue. JLT will build the building and the facility wilf be operated by Da�ves Trucking. Most of their business involves bringing in a variety of goods from local businesses using smaller city trucks. Those goods aze brought inio the building, consotidated into packa�es by location and loaded onto semi-trucks that make the deliveries. Dawes Truckine is currently located in Roseville. They are relocating because they need more room. Mr. Beach show�ed stides of the site. � \J � u �� � � -S �-� John MacDaniels, owner of Dawes Truckin�, informed Mc Beach about their operation. 11te • facility will be open Monday through Friday; it's normally closed on weekends, but an occasional truck will come in. Durin� the week, they open about 7 a.m. Tuesdays and Fridays are generally the busiest days and they stay open unti] midnight. On Mondays, Wednesdays and Thursdays, the facility is open until 8 or 9 p.m. The peak hours are in the late aftemoon from 3 to 6 p.m. Right now they have 35 semi-trailers a week taking freight out; and about 10 semi-trailers a week bringing frei�ht in. They also have from six to ei�ht local trucks coming and going each day, Monday throu�h Friday. Typically, the semi-trailers take three or four hours to load or unload. Sometimes trucks leave their engines on while they are loading or unloadin�, but they don't leave them on overnieht. There will be electrical heaters provided in the winter so that they won't need to run their heaters all night. Some of the trucks will have refrigerator uniu, but they will not need to be running. There will be no fuelin� stations or maintenance facilities on the site. The Board of Directors of the Hamline-Midway Coalition voted unanimously to oppose this project. Two letters were received from the neighborhood; one was in opposition; the other was in support. Next, Mr. Beach went through the required findings. The first one states that the Planning Commission shall consider and find that the site plan is consistent with the city's adopted comprehensive plan and development or project plans for sub-areas of the ciry. Since the City's recently adopted comprehensive plan was not in effect when this application came in, the fortner plan must be used. The plan says that in cases of incompatible land uses, the City wi(I use techniques such as landscaping, berming, or fencing site perimeters in maintaining building • exteriors to create buffers bern-een ]and uses. The District 1 I Plan also talks about creating buffers to separate residentia! areas from commercial and industrial areas. It also talks about traffic concems. Staff thinks that the site plan can be consistent with these policies if noise barriers are erected. The exact design of these noise barriers hasn't been worked out yet. 3LT Group is talking about putting another buifdins alon� Minnehaha for something like mini- storage that wouldn't create much noise, which might act like a noise barrier, if it is built. If the building is not built, perhaps some walled fences will need to be built along Fairview. The earlier staff report also recommended closing all the driveways on Fairview so that trucks would need to come in off Prior. Afrer talking with JLT, staff has modified its recommendation on this. JLT says they need access on Fairview because they glan to su6divide the property. Now, staff recommends that the northem most driveway is closed and JLT has agreed. The next finding is that the site plan must be consistent with the applicable ordinances of the City of Saint Paul. Trucking facilities are a permitted use on this property since it is zoned I-1. A question that came up here is whether or not Fairview is a truck route. The City Attorney said that Fairview is not a truck route, however, the regulations say that trucks can use a non- truck route "when necessary in entering or leaving a truck terminal" and then they must use the shoRest route to get to a truck route. JLT says they won't have access to Prior Avenue (a truck route), so staff is recommending they have at least one driveway out to Fairview. Staff originally recommended that there be a sound study done to see if the City's noise ordinance would be exceeded, but since has decided that would not be necessary. A reasonable solution might be attained if they decide to erect the other building. There's a small discrepancy as faz as the setback from Fairview Avenue. It needs to be a little bigger than shown. StafF is • recommendin� that the setback be increased. � �� The next finding has to do with preservation of unique geological, geographic or historically significant characteristics of the city and environmentally sensitive areas. The site doesn't fall into those categories. The were some concems raised by the neighborhood concerning . environmental issues, particularly, air quality. Mr. Beach said he called the Minnesota Pollution Control Agency and the Environment Quality Board about the issues. Both said that this faciliry was quite a bit smaller Than anything that would trigger any formai environmental review. Both also said that a situation may cause irritable odors without violating any ordinance. Perhaps, there may be a restriction on when wcks tum off their engines. The next f nding deals with protection of adjacent and neighboring properties. Staff is now recommending that it will meet that finding if they close one driveway on Fairview Avenue and put up the noise barriers. The next finding has to do with the arrangement of building and uses. Staff is recommending that the plan is consistent with that finding, if the changes are made. Re�arding energy conservation, the plan is consistent with the current practices. Regardino safety and convenience of both vehicular and pedestrian traffic, Public Works reviewed this site plan and determined that the plan, induding the use of the existing driveways on Fairview for the primary access to the truck faciliry, is safe and consistent with this fmding. Drainaae. The site plan doesn't deal with that yet, but can be added on if these other things aze approved. Landscaping, fencing, wails, and parking. There witl be some kind of requirement for either • walls or buildin�s to block sound. Staff recommends that there be at least 10 feet between the building and the sidewalk to plant vegetation. Site accessibility. They need to provide one more handicapped parking spot. Erosion and sediment control. They don't yet have a plan. Staff recommends approva( of the site plan subject to the following conditions: 1. Driveways. The north driveway on Fairview must be c[osed and the south driveway must be widened as determined by Public Works to handle lazge trucks. 2. Souad barriers. Sound mitigation measures must be designed and constructed to ensure that the development conforms to City noise regulations. If walls are required for sound barriers, they must be in place before the building is occupied. If another new buiIding will act as a sound banier, work must begin on that building before the trucking building is occupied. 3. Truck idling. Truck engines must be tumed offwhenever trucks are at the docks or aze standing on the site waiting to get to a dock. More discussion on that this moming leaves this up to staff, the neighborhood and JLT to work out. 4. Parking on adjacent streets. Trucks using this site may not pazk on Fairview or Minnehaha. 5. Hours of operation. Hours of operation must be timited to between 6 a.m. and 12 midni�ht. . 6. Setbacks and lattdscaping. The setback on Fairview must be increased to 10 feet to permit � �� �g-S�y enou�h room for landscaping to soften the appearance of the buildina. The setback must be • planted with shrubs that will get at least ] 0 feet tall when mature to form a continuous row alon� the entire east side ofthe building. Additional ]andscaping must be planted around the perimeter of the site wherever noise barriers are required. Noise barriers or other new buildings must be setback 10' from the property line to provide adequate room for landscaping. 7. Storm water plan. A storm water management plan must be submitted to staff for approval. 8. Accessible parlting. One additional handicapped accessible parkin� space must be provided. 9. Erosion and sediment control. An erosion and sediment control plan must be submitted to staff for approval. Commissioner Field sfiated he is distressed by Mr. Beach's comment that we just pass over the issue of truck idlin�. He noted he would be interested in the discussions that took place this mornin� and how it's possible to come up with a recommendation like that. Mr. Beach replied that the discussion was with the o�vmer who said that there are times, especiafly during the winter, when truckers don't want to shut off their engines. Commissioner Field asked if the nei�hborhood was involved. Mr. Beach responded it was not. Commissioner Gordon asked what noise mitigation efforts Mr. Beach recommend. Mr. Beach noted that they would depend on whether the other building goes up. If the building is e�ected and if it's a use that doesn't generate additional traffic, it should take care of much of the • problem witli noise bouncin� up to Ivfinnehaha. In addition, he thinks there should be a wal( or fence along Fairview Avenue. If the buildin� doesn't get built, then the City would require more noise barriers. Commissioner Gordon asked how high those would be. Mr. Beach replied that hasn't been worked out yet. It would be a solid barrier. Commissioner Gordon asked if JLT just needs to begin work on the other building in order for Dawes to occupy the truck building. Mr. Beach stated that was reasonable. Commissioner Gordon asked if Mr. Beach is satisfied that the other building or solid barriers will adequately mitigate the noise emanating from this operation. Mr. Beach replied that he was because the people who wouid be affected most are those east along Fairview, they are dosest to the trucks. He is confident they will not hear anything because the docks are on the opposite side of the buildin=. A wall can be placed north alon� Fairview to help on that side, and if the building is erected, it should take care of the noise problem. If the building is not built, then perhaps a wing wall coming out of the north end of the building may need to be built. Commissioner Gordon asked about the noise from the trucks ingressing and egressing from the building. Mr. Beach stated there witl be noise from trucks. Commissioner Gordon asked how Mr. Beach knew that the noise from the lrucks entering and exiting wouldn't be excessive. Mr. Beach stated that he knew for sure that the noise would not violate the City's noise ordinance based on past experience with other cases. Mr. Beach added that there was no formal testing done in this case, but the architect did check w ith a noise meter. Commissioner Gordon stated that he is concemed about the fact that the initial recommendation included a noise study and the revised recommendation does not. He asked why that requirement was dropped; it would indicate, with an acceptable level of confidence, whether the noise is going to be unacceptable or not. Mr. Beach replied that staff is confident they will be able to evaluate whether the proposal will meet the standard or not. � Commissioner Gordon asked who would select the company or individual to perform the noise study. Mr. Beach said that in the past, the applicant has selected the person and the City has `�� )9 either accepted the person or su�gested ano[her. Commissioner Gordon asked if there was a down side for requirin� the noise study before approvins an application. Mr. Beach responded it is primarily the cost to the developer and about a two week delay of the project. • Commissioner Geisser asked Mr. Beach what the decision was on how these added trucks would affect the level of air quality of the neighborhood. Mr. Beach replied that staff at the Minnesota Pollution Control Agency and the Environmental Quality Board indicated that this would not require an environmentai assessment worksheet (EAW) or an indirect source permit. Their professional judgment was that in terms of air quality tha[ can be measured, this would not violate standards that they have; there might, however, be a problem w�ith odor. Commissioner Geisser was concerned about their making these judgtnents without doing any type of study. Mr. Beach stated that this is a case that is far below what they would normally be concerned with. He asked the Environmental Quality Boazd what their threshold was and they answered that with a trucking facility, it needs to be 600,000 squaze feet; this is 25,000 squaze feet. Commissioner Geisser asked if the City has any ordinances that are separate from these in terms of level of noise or air quality, where abutting a residential neighborhood. Mr. Beach replied that the City has a noise ordinance, but not an air quatity ordinance. h1r. Bob Kessler, Director for the Department ofLicense, Inspection and Environmentai Protection addressed the Commission. He stated that the reason he did not feel that a noise study was necessary because there are often noise studies done where they rarely show that the new use will be in violation of the City's noise ordinance. Sometimes ho�vever, there aze complaints about noise whether or not the facility meets the threshold in the ordinance. Then the department needs to do whatever it can to mitigate the noise even thou�h it doesn't violate the ordinance. Commissioner Corbey asked how many decibels is estimated a truck emit; entering and leaving • the premises, and what does the ordinance call for. Mr. Beach rep[ied that he doesn't have a figure on decibels when a truck enters or leaves a facilit} or drivin� by. The ordinance deals with a more lon�-term noise, e.g., a truck idling. Accordina to the ordinance, the noise has to be present more than 10% of the time in a given hour. In this case, you can't exceed 75 decibels during the day (measured at the residential zoning line) and from 11 p.m. to 7 a.m., that drops down to 5� decibels. There is a graph on page 16 of the staff repoR that helps to define those levels. The level that you'd find in a private office is 55 decibels; 75 decibels is a large gathering of people or downtown Saint Paul. Commissioner Mardell asked where other truck terminals are located in the City of Saint Paul, and if there are any other truck terminals that are located in close proximity to residential neighborhoods. Mr. Beach listed: 1) the Burlington-Northern facility on Pierce-Butler (noise within the site); 2) a trucking facility on West Minnehaha near Dale (some problems); 3) a trucking facility on Petham Avenue, soaYh of University Avenue thaY are similar types of facilities in the City. There are complaints from time to time. Commissioner Corbey asked if it woutd make a difference if the docks on the north end of the building were moved to the south side of the building so the noise and pollution wouldn't spill into the neighborhood on Minnehaha. Mr. Beach repiied that if the docks were on the south side, they would interfere with the Fairview driveway. Commissioner Corbey asked why the entrance to the facility could not be along Prior Avenue, a truck route. He noted that the buildings along there are old and di(apidated and wondered if there would be a comprehensive • plan in the future to redevelop that wfiole iayout of buildines. Mr. Beach responded that the �' 0 aq -�S ��I drive�vays alona Fairview have been there for years, and the applicant has objections to closing • those driveways because of possible fumre plans for the property. Commissioner Gordon asked if the noise study would be of help in determinina what the noise miti�ation efforts should be. Mr. Kessler replied that Mr. Beach is the expert on that and coutd provide advise on what types of walls or barriers or miti�ation measures might be employed. He has done that in many cases in the pazt, so the City would not necessazily need a consuitant for that. When there is noise disturbing a neighborhood and it doesn't violate the City's ordinance, which is usually the case, it is di�cult to come up with measures to do what is necessary to help eliminate the noise. Commissioner Gordon asked if the noise study would be of help in deciding issues like whether an operation should not run until midniaht, but only until 10 p.m. Mr. Kessler replied that it is possible that a professionally done study could provide information that staff could not gathec. In this case, Mr. Kessler didn't think it was a likely possibility and he didn't think that there was enough unknown information to require a study to be done. Because this facility has not been fully used for a long time, it is naturally going to be disruptive to the neighborhood. Mr. KuR Williams, JLT Group, gave a short presentation. This formerNavy and Unysis facility was purchased by JLT Group three years ago. A substantial amount of that property has already been re-developed. They hope to build four more buildings on this site. Under this proposal there are two buildings (the second one will take 60 days to confirm). The site is zoned industrial and JLT knows that this is a good project. Dawes Transport has a July move-in timetable. • Commissioner Field asked what types of use the additiona( buildings at this site will be. Mr. Williams replied that as a developer, he doesn't kno�v the answer to that question. The second building on this site wif] be a mini-gara�e. The other buildings probably wil] be office buildin�s. Commissioner Gordon asked if working out the noise issue might include doin� a noise study. Mr. Wifliams replied that he is not sure how to do a noise study. Commissioner Gordon asked if he had a problem with hiring a consultant who knows how to do noise studies. Mr. Williams responded that a noise study is a matter of timing and cost. Commissioner Gordon asked what it would cost to have a noise study done. Mr. Williams answered that he did not know. Public testimony began. John Van De Weghe, 1807 Blair Avenue, addressed the Commission in opposition. He was the lead speaker for the neighborhood delegation who a�e opposed to the facility altogether. His concerns are noise, air qua(ity, safety, etc. On Tuesday, he sat in his car from 4:55-5:10 p.m. on Minnehaha and Fairview. He counted 200 cars or vehicles that came through the intersection in fifreen minutes. Mr. Van De Weghe also submitted written testimony from a neighbor. 2. Thomas Minder, 764 Tatum Street, addressed the Commission in opposition. He stated that his community is a socioeconomic diverse neighborhood and a benefit to Saint Paul. Already existing in the neighborhood is an industrial corridor (Pierce Butler Route), carrying a lot of truck traffic. It is four-five blocks from his house, yet they heaz the traffic • on it all day long. Burlington-Northen, to the north is the same situation. To the west is the Amtrak Station, with trains arriving at midnight and at 7 a.m. To the east, they have the x 21 hiehest pollution area in the Twin Cities, the Snelling-University intersection. Further to the north is the Saint Paul Stadium, a great benefit to the city, and in the summer months • the neighborhood listens to the crowd cheering. To the south is University Avenue and all summer long, hot rods travel up and down University oa Friday and Saturday nights, which makes a lot of racket. The neighborhood is overtvn with noise and air pollution. His children are awakened every moming now at 7 a.m. without the truck transfer facility. He feels this truck facility will break the community, an asset, a model of community activiry. The community has worked with landowners in the past to resolve problems. Economic development is obviously, a very important issue in the community. It's important to the Ciry of Saint Paut; iYs important for JLT to make a profit and the community invites them into the community to do so. Clearly, JLT has not invited the neighborhood to the table to discuss iT. He inveTed JLT to come up wiYh a business plan that makes the money, provides jobs for the neighborhood and the Ciry of Saint Paul, and becomes a partner with the community, not a detriment to it. Commissioner Gordon asked if there have been no meetings between JLT and the community. Mc Minder replied there have been two meetings; he was unable to be present at the meetings. 3. Michael Samuelson, 17�8 Hewitt Avenue, addressed the Commission in opposition. He referred to finding 62.108 of the Zonin� Code in regard to the site plan. This type of firm, a trucking firm, is not appropriate under the Comprehensive Plan: The Land Use Chapter. These types (truckins facility) of uses should be considered to be restricted. There is an issue of concern hare about the best use of this land. The neighborhood appreciates the oppoRUnity for JLT to move into the neighborhood and provide for appropriate job producing businesses. Under the Port Authority's rule of assistance programs is "per 1,000 • square feet of building space there is a minimum of one job on a site coverage of 30% per site." This plan does not even come close to this. This will not provide livin� wage jobs for the community. Fifteen years ago, this site was projected as an opportuniTy to provide living wage jobs in light industrial work that would employ the residents of our community. That �vould be welcomed, but a trucking ftrm that brings noise, disturbance, complaints, pollution, etc., is not appropriate under the Saint Paul Comprehensive Plan: the Land Use Chapter, and specifically, in the goals and objectives of the City to bring firms that provide jobs. This will not provide jobs for Saint Paul. In addition, he echoed the concems of the previous speaker, Thomas Minder, by sayin� that this use will force people out of the neighborhood, the community they have chosen to live in. The community already lives with noise on all four sides. This use will bring trucks up and dowm Fairview Avenue (not a truck route) because JLT wants tfie entrances there. They shouldn't be allowed to do that. If you allow them to do that, how and where does the community go to respond? Mr. Samuelson noted that if he were to add a third story to his home, which is not allowed, he would be in trouble. This is an incompatible use with the Land Use Plan and with the long range vision of this community. He asked the Commission to oppose this site plan and recommend that JLT work with the community to find a compatible use. The community woutd be willing to a(so work with the Port Authority and the Plannina and Economic Development staff to come with a re-development plan. He asked that the Commission put a moratorium on this site altogether in order to work on a coraprehensive pian for this siYe. Chair Morton asked Mr. Beach to clarify whether this site plan complies with the Comprehensive Plan. He stated that a new Land Use Plan was just adopted and he originally • cited that in the staff report. The City Attomey advised, however, that the o]d Land Use Plan be referred to because the new one w�as not in effect when this plan was submitted. This use is in A' qt a�-sa� conformance with the earlier Land Use Plan. • 4. Joe Potraski, 1636 Minnehaha Avenue West, addressed the Commission in opposition. He stated that he is very disappointed with Mr. Beach's stance because he is basically, asking the snake not to eat the mouse and then lea�ing it up to the snake to make sure he doesn't eat the mouse. There are too many questions about the noise and pollution that he is leaving up to JLT. The proposed semi-truck transfer station is not a proper use for this site in this neighborhood. The zoning of this lot allows for many uses, but the proposed use is not a proper use in the community now. Semi-trucks aze already illegally using the community's side streets. JLT has already admitted, previously, that it can have no influence or control over the semi-truck drivers once they leave their property. The City of Saint Paul cannot now protect the community from the illegal use of iu sides streets by the j semi-truck drivers. Everyone existing in the community has a responsibility to not cause � damage to the community, which the semi-truck uansfer station certainly would. The very loud beep, beep, beep that is required by law when the trucks back up can be heazd from Burlington Northem on a day when the wind is not blowing in the opposite direction, one- half mile from his house, as the crow flies. With the transfer station just right across the street from many homes, the loud beep, beep, beep will be a constant disturbance. The level of the beep cannot be lowered because of OCHA's standards. T'he pollution caused by semi's running, not only in the winter, but also in the summer for the air conditioning, will be a problem. There are many decisions which Mr. Beach has lefr the community out of. He has bowed to JLT and JLT's architect. He is glad that the Commission has noticed these failures and encouraged the Commission to tum dow�n this project. He noted that he has worked with the MPCA for 2%z years to try to get them just to notice the smell coming from the factory on Minnehaha and Fairview and Minnehaha and Fryer. lfiey have failed • to find it. They have failed to stand up for the community. He stated that he is very uncomfortable in leaving anything to JLT because once they are there, iYs going to be ev8n harder to enforce. He added that he is happy with what he has experienced here today. He thought he would come here and experience peopte who really didn't have much interest or questions, but he was pleased to hear the wise questions that were asked by the Commission. 5. Ron Williams, 779 Clayland Street, three blocks from Minnehaha and Fairview, addressed the Commission in opposition. Three years ago he and his wife bought their house with 0 dollars down in an area with busing and one they could afford. They aze very concemed that the JLT proposal could mean that they will be stuck in a deteriorating neighborhood. Mr. Williams is representing the Sierra Club this morning whose goals include "to protect the quality of the namral and human environment." The focus of his concem today is the protection of kids. In a couple of days, the Sierra Club intends to submit an Environmental Assessment Worksheet petition. This petition stresses that there are certain envuonmental problems that need to be addressed by the City conceming the JLT proposal: 1) safety; 2) noise; 3) air quality; 4) visual quality; 5) light pollution; and 6) water. The JLT proposal brings a very serious safety concern to the children of the community, especially to Fairview Avenue children. For this reason, it is imperative that the JLT be prohibited from using Fairview Avenue for their trucks. Twenty trucks per day running until midnight will bring a serious noise issue. It dcesn't have to be this way. There is no reason why a facility that is compatible with the residential neighborhood cannot be placed on this property. An additional twenty trucks per day will have a serious air poilution impact on an azea that is • now only 12 blocks away from Snel(ing and University, the most air polluted point in the State of Minnesota. He encouraged the Planning Commission to recommend doing and � 2Z EAW for this proposal. He noted that the developer is threatening the City with deadlines, hopin� that the City will rubber-stamp their request. This is very inappropriate; the City • must reasonably consider the developer's request. 6. Ken Schuba, 179� Blair, addressed the Commission in opposition. He asked the Commission to wnsider what impact this facifity will have on some of the community's sources of income. His wife is a licensed day-care provider, located less than'/z block from Fairview Avenue. Some of her clients have aiready expressed a concern about the idea of a warehouse being so close to the day-care. Their concems are the same as he and his wife: 1) heavy traffic; 2) noise; 3) lazge trucks; 4) unsafe driving habits; etc. Ifthese clients aze lost, it will be increasingly more di�cult to find new clients with these less than appealing aspects in the neighborhood. There are several home day-cares in the neighborhood. One is located directly across the street from the proposed site. This will definitely affect their ability to find and keep clients. The facility will not only affect the community's quality of life, but it will also affect its sources of income. If their income suffers, it has a ripple affect that affects more than just his family. They will not have the financial resources to maintain their property, their house value will fall, their neighbors' house value will fall, they may wind up on public assistance, and the pressures of financial instability affect ali members of a household. This financia( impact is of great concern to Mr. Schuba and his family. This neighborhood is on the up-swing. House values are going up. People aze takinL pride in their homes, doing work to update and remodel, all in an efFort to raise the qualit}• of living for everyone in the neighborhood. This nei�borhood has a home gazden show; a neighborhood that fights to have gun shops removed for safety's sake; a nei�hborhood that is concemed about the trucking facility that will decrease the aesthetics, increase the pollution, increase the noise, increase the crime, and in rurn, decrease the • values of their homes. The people who own this land do not need to worry about the issues that the neighborhood has. They will never be confronted with the likes of a trucking warehouse being built across the street from their homes. They will never need to worry about semi-trucks cruising down the streets that their kids will be riding their bikes on, diesel engines starting up at 5 a.m., or trucks runnin� all night long so that the drivers can sleep in their cabs. We do, and we are concemed; and we do not think that we should be affected by a big company getting big�er, especiatly at the expense of people trying to improve a wonderful part of our city. Obviously, this company is not trying to be a good nei�hbor. They, obviously, have no regard for the people who live here. How can we allow someone with so little concern for the community to start a business that will only cause more and more problems down the road. Last week the Roseville City Council, in their wisdom, stopped Cub Foods plans because "they fear the store will disrupt their ►ives around the clock with noise, fumes, trucks, loadin„ lights, and all the extra traffic." Mayor pon Wall stated, "My concern is that this a shopping center next to a residential area; it involves the wider community." Francine Panioa, 1800 Blair, addressed the Commission in opposition. She and her family also run the comer grocery store of the community at Minnehaha and Fairview. They purchased the building, approximately one year aso, to renovate it and bring it back to its old quality, its old look, and to keep the neighborhood a neighborhood, a store for people to go with their children and to send their children to. She is concemed for the safety of these children and their parents with their strollers. Another issue is the invasion of the lights this • company already has on the people who live on Minnehaha. The three tenants who live in her business buildin� have had the same privacy complaints. In the evening, the lights are � 2 '1 � a -sa �{ so imasive that they cannot just close their shades and be alone. The neighborhood expects � that this +nvasion will be mukiplied by a great amount. Already, they have had io invest in new shades and draperies in order to keep both the noise and lighu out of their own living rooms. There are some seventy plus children running around the blocks in a six block radius. More trucks travelin� in this community will make it even more dangerous than it already is with trucks using the side streets. The community would like to keep it a nice nei�hborhood for famities to feel safe. 8. Jim Twembold, 1762 Blair, addressed the Commission in opposition. He tives one block from the proposed site. He is concemed about security and safety issues. Within four blocks of this siie, there are two schools, several churches, several family services, and four parks. The buildings are primarily family-owned and occupied buildin�s. The neighborhood is full of kids. When the truckers deliver late at night, they will run their trucks all night. Just as one's house is maintained at a 70 degree temperature, they will maintain their truck at a 70 degree temperature so they can relax and sleep. There's also the issue of them spending the night there with no bathrooms; the issue of them storing empty trailers which can invite others to spend the night out of the rain or kids Iooking for a piace to cause trouble. There is no way of policing that. Locks only keep honest people honest. Any given day, you can see trucks going up and down the side streets. It was said that Fairview is not a designated truck route, but to the truckers, their time is money and they're going to take the shortest route from A to B. We don't need any more trucks going up and down the side streets. This company's busiest time is from 3- 6 p.m.; thaYs when the schools are getting out; that's when parents are either dropping off or picking up their kids from the local day cares. • The first tape ended here; the second tape was blank. 9. Maz�orie Schma]z, 1829 West Minnehaha, addressed the Commission in opposition. Ms. Schmalz lives right across the street from this proposal and is emotionally affected by blankness, e.g., the view of a close blank neighbor's house from their dining room window was remedied by the addition of a deck. Now, this proposal talks about putting up a long, high barrier along Fairview. She is also concerned about the air quality and odors the new use will cause. ]0. Bob Molden, 1817 Van Buren, addressed the Commission in opposition. Mr. Molden lives right across the street from the north gate on the proposed site. During the State Fair one year, there were 200 school buses that used this site to park. The noise and the stench were nearly unbearable, and that was just an indication to him of what they will face with this facility. He expects that twenty trucks is not the actual figure; there will be more and more. Eventually, the facility will turn into a monster. He feels that JLT needs help to find an alternative use and the community is willing to help him. Since Govemor Ventura is courting the movie industry, perhaps this facility could be used for that. I 1. Cheryf Hammerlindl, 672 NoRh Fairview, addressed the Commission in opposition. She and her husband live directly across the street from this proposed facility. Her fust concern is the safety of the children of the community. There have been six serious accidents at the gates on Fairview involving trucks. There are forty-two children on the block they live and • thirty-five children on the next block. The peak hours for Dawes is from 3- 6 p.m.; those are also the peak hours for children being outside. Another concem is that her husband works at night, so he sleeps during the day. With all the extra noise created by the trucks, fi� 2S he will have more difficulty sleepin�. 12. Steven Wilson, 680 Fairview Avenue North, addressed the Commission in opposition. He thinks that to keep the ingress and egress of this facility along Fairview is a very poorly thought-out decision. The added truck traffic will further endanger the children, shake houses, decrease air quality, and increase noise and light pollution. There aze other uses that woutd be rrtore appropriate for this site. 13. Roberta Mach, 1804 Englewood Avenue, addressed the Commission in opposition. Ms. Mach lives one block north of Fairview and Minnehaha and is concerned about home values goinL down and Fairview Avenue becoming a truck route. I4. Sara Oxten, 1798 Blair Avenue, addressed the Commission in opposition. Ms. Oxten has been impressed with the neighborhood, but is dismayed by the odors already there emanating from businesses. She was surprised to hear that Fairview was not a truck route. She thought it was because of all the truck tra�c. She thinks that JLT should be able to make money, but not at her and the neighborhood's expense. I5. Carol Minogue, 1846 Englewood, addressed the Commission in opposition. Ms. Minogue expressed concem about the property values of the community's homes going down if this faciliry is al(owed to locate on Fairview. She also submitted a letter from a neighbor. 16. Paul LaBelle, 1895 Tatum, addressed the Commission in opposition. His home is a day care and he is concerned, primarily, about safety. 17. K. Nighten�ale, ] 689 Van Buren Avenue, addressed the Commission in opposition. She mentioned that there are 54 block clubs in the neighborhood; there is great community involvement. If this proposed facility moves in, her family is moving out. Mr. Brian Houmann, JLT Group's architect, addressed the Commission, commenting that the Planning Commission should be concerning itse(f with site plan issues. The proposed facility is within its rights to be there. He explained that they will be taking down the pole lights and putting up building lights that shine into the site. Commissioner Geisser stated that the Planning Commission has a Comprehensive Plan that they expect people to respect. They also expect people to respect the health and safety issues of the community, a community that pays taxes. It is the intention of the Land Use Chapter to place more intense uses outward; less intense uses towazd residentiat neighborhoods. She noted that is apparent from the testimony that there is not a good understanding between the neighborhood and JLT. There aze other issues beside zoning that should be taken into consideration regarding this decision. Mr. Houmann stated that 7LT is bringing this use before the CiTy because this is what they have. Commissioner Geisser pointed out that discussions with the neighborhood are very important. Mr. Houmann said that JLT had two meetings with the neighborhood. Commissioner Kramer asked what specific changes resulted from the meetings with the community. Mr. Houmann noted the possibie erection of noise barriers. Commissioner Corbey asked if any consideration was given to locate this facility on the r1 LJ • • � 2L �a-��.y northwest comer of the site, and asked why they chose this section of the site. Mr. Houmann . answered that this facility would not fit as well on the northwest corner. Commissioner Mazdell added that the northwest site probably would not be as eas}' to access with the trucks. bIOTION: Commissioner Gordon moved to close the public hearing and refer the matter to the Neighborhood and Current Planning Committee; the motion was seconded by Commissioner Geisser and carried unanimously on a voice vnte. Commissioner Gordon urged the applicant to meet with the local community. V. Zonine Committee #99-030 Jonathan E. Waaner - Rezone from RT-1 to B2-C to allow for a therapeutic massage, rehabilitation and chronic pain center at 366 West King, between Smith and Manomin (Martha Faust, 266-6572). Commissioner Gervais reported that this case was laid over until the next Zoning Committee meeting, Tuesday, March 30. #99-031 Tena Lv - Special condition use permit to allow for on-site auto zepair at 1047 University Avenue, beriveen Oxford and Lesington Parkway, in conjunction with the vehicle warranties the applicant offers customers (Nancy Homans, 266-6557). bIOTION: Commissioner Gervais maved approval ojthe requested specia! cnndition use permit to a!!ow jor on-site auto repair at 1047 University Avenue, befween Oxford and • Lexington Parkway, in conjunction with the vehicle wurtanties fhe applicani offers custamers. Commissioner Geisser noted that this applicant came before the Commission in the past and the Commission allowed no repairs to be done on-site. The Commission recently had an extensive discussion about whether the proposed Ryder Truck rental facility was an appropriate use on the site directly to the west, given current plans calling for higher density uses on University Avenue. Why should University Avenue be allowed to have all these "interim" uses. Commissioner Gervais replied that all ofthose things were discussed at the Zoning Committee meeting, but fett Mr. Ly should be allowed to fulfil warranties he offers on used cazs. Commissioner Gordon added that Mr. Ly has just one bay for repair. He doesn't think this will afFect too much. Commissioner Shakir asked if the resolution will meet the district council's concerns. Ms. Homans replied that District 7 has raised issues related both to the previous prohibition of repairs on-site and to the large signs that were erected for a previous car dealer. She said that the district council is likely to be disappointed in the Zoning Committee's recommendation. Commissioner Kramer noted that there is no condition that limits repair work. He reported that the SCUP permitted for Ryder has been appealed to the Ciry Council. He asked if there was any prudence in waiting to hear what the City Council does in that case. • Mr. Ford stated that he thought each case should be considered on its own merits and this applicant should not have to wait for Ciry Council action on someone else's case. � i7 PLANNING COMMISSION STAFF REPORT 1. APPLICANT: JLT Group 2. CLASSIFICATION: Site Plan Review 3. LOCATION: 625 Fairview Avenue ('/: block souih of Minnehaha) 4. PLANNING DISTRICT: Hamline Midway Coalition (District 11) 5. LEGAL DESCRIPTION: See file 6. PRESENTZONING: I-1 7. STAFF INVESTIGATION AND REPORT: DATE OF HEARING: 3/26198 ZONING CODE REFERENCE: 62.708(c) DATE: 3/19/99 BY: Tom Beach 8. DATE RECEIVED: 2/23l99 DEADLINE FOR ACTION: 4/25/99 -------------------------------------------------------------------------------- -------------------------------------------------------------------------------- A. PURPOSE: Site plan review for a new truck transfer facility. B. PARCEL SIZE: The proposed building and the paved area around it for trucks would be cover 2.5 acres. It wouid be located at the east end of a larger piece of industrial property that runs from Fairview to Prior on the south side of Minnehaha and covers 14.5 acres C. EXISTING LAND USE: The area where the truck Vansfer facility would be built is currently a parking lot. There are two driveways on Fairview Avenue. (These driveways have gates which are currently locked and have snow in front of them indicating that they have not been used recently). The rest of the property has a variety of offices and industrial uses and more parking. The main building on the site has approximately 15 loading docks on the south (back) side. D. SURROUNDING LAND USE: The area to the east (across Fairview) and to the north (across Minnehaha) is residential. (Zoned R-4, RT-1 and RM-2) The area to the west and south is industrial. (Zoned I-1) E. ZONING CODE CITATION: Section 62.108(c) lists a number of findings that the Planning Commission must make in order to approve a site plan. These are listed and discussed in Section H below. F. HISTORY: The site has been had industrial uses for over 60 years. At one time Controi Data was a major tenant. JLT bought the property about 3 years ago and has been renovating the existing buildings. � DISTRICT COUNCIL RECOMMENDATION: The Hamfine Midway Coalifion requested a public hearing on this site plan. They have concems about truck traffic, noise and air pollution. Their Board of Directors voted unanimously to oppose the project. (See attached letters.) • • H. FINDINGS: 1. Dawes Trucking The truck transfer facility would be built by JLT and operated by Dawes Trucking. Dawes would bring a variety of goods to the site from local businesses using smaller � city trucks. The goods would then be consolidated inside the building and loaded onto semi- trailers and shipped out of state. Dawes currently operates out of a building located in Roseville. However, this buiiding is too small and Dawes wants to move to get more room �� �a-sa�{ 2. Proposed operation John McDaniels, the owner of Dawes Trucking, described the proposed operation to staff, including the hours of operation and the number ot trucks: Hours of operation • - The facility would be open Monday through Friday. It would normally be closed on weekends although occasionally there would be an individual truck on weekends. - During the week the facility would open at 7AM. Tuesdays and Fridays are the busiest days and the facility would normally stay open until midnight on those nights. On Monday, Wednesday and Thursdey the facifity would ciose at 8 or 9 P.M.. - Peak hours are late afternoon (3 to 6 P.M.) Number and types of trucks — There would be approximately 35 semi-trailer trucks a week taking freight out and another 10 semi-trailer trucks bring freight in. (On Tuesday and Friday when they are busier, there would be 10 semi-trailer trucks a day. On Monday, Wednesday and Thursday there wouid be fewer semi-trailer trucks. — There would be 6 to 8 smailer local trucks a day Monday thru Friday. These trucks would leave in the morning, pick up or deliver goods locally, and return in the afternoon. — The large trailers typically take 3 or 4 hours to load. However, a trailer may site at the dock for a day or two until it is picked up. The truck engines would be turned off and would not run while the trucks are parked. Electrical hook-ups for engine heaters would be provided in the winter. If traiters will be parked for more than a few hours, the tractor is unhooked and leaves the site. — Some of the semi-trailers would have refrigerator units. However, Dawes wouid not be handling perishable good such as produce and so tucks with refrigerator units would not run them while they were at the site. — There would not be any fueling stations or maintenance shops on site. 3. Existing operation Staff visited Dawes current location in Roseville two times and observed the following: • — On Thursday, March 11 at 4:00 PM there were 10 trailers parked at dock doors and additional trailers parked on the site away from the building. (These trailers did not have any engines running.) There was one truck backing up to a dock and in the next 15 minutes two more trucks arrived on site. (These trucks had their engines running.) — On Monday, March 25 at 8:00 the business was closed. There were approximately 10 trailers parked at dock doors and other trailers parked on the site away from the building. One parked truck was running and had its lights on. 4. The site plan The pian shows a 27,740 square foot buiiding. It would be 294' long on the side facing Fairview and 93' deep. It wouid be 28'-5" tall. The building would have a small office on the south end but most of the building would be for storing and handling goods. The building would have 21 overhead doors for large trucks on the west side (facing away from Fairview) and 5 doors for smaller, local trucks on the north side (these wouid be visible from the street). Access would be provided using rivo existing driveways on Fairview. The site also has access from an existing driveway on Prior. 5. Required findings Section 62.108(c) of the Zoning Code says that in "order to approve the site plan, the planning commission shall consider and find that the site plan is consistent with" the following: (a) The city's adopted comprehensive plan and development or project plans for sub-areas of the city. The City's recently adopted Land Use Plan supports "compatible mixed use". The site plan is not compatible with the adjacent residential neighborhood. The plan could be made more • compatible by closing the existing driveways on Fairview so that trucks must use Prior and installing sound barriers. The Land Use Plan also says the City should "consider alternatives such as special restrictions on large trucking firms." � G The draft District 11 Plan supports steps to mitigate the impact of the Burlington NoRhen intermodal freight yard which is located '/z mile to the north. Taking steps to mitigate the impact of this site would be consistent with that. (b) Applicable ordinances of the City of Saint Paul. • The site plan does not meet the minimum required setback along Fairview: the required setback for the buiiding is 7'-5" and the proposed site plan shows a setback of 6'. There is a question about whether Fairview Avenue can be used as a truck route. Staff is reviewing this with Public Works and the City Attorney's office and will have more information at the public hearing. There is a question about whether the noise from trucks wouid exceed the maximum levels established in the City's noise ordinance. Staff is recommending that a noise study be done to determine if mitigation, such as noise barriers, is needed to meet these noise limits. "fruckirtg facilities are a permitted use in an I-1 zoning district and the site plan meets all other applicable ordinances. (c) Preservation of unique geologic, geographic or historically sign�cant cha�acterisfics of the city and environmentally sensitive areas. The site plan is consistent with this finding. The site is a paved parking lot on industrial property and the surrounding area is a residentiai neighborhood. The neighborhood has environmental concerns about air pollution from existing truck traffic on the site and the additional fra�c that this facifify woufd generate. Staff is not aware that the site is in violation of any air quality regulations but is contacting the MPCA to confirm this. (d) Protection of adjacent and neighboring properties through reasonable provision for such • matters as surface water drainage, sound and sighf buffers, preservation of views, light and air, and those aspects of design which may have substanfial effecfs on neighboring land uses. The site pian is not consistent with this finding but can be modified so that it is consistent — The residents in the area have complained in the past about truck traffic on Fairview. The site plan calis for using the exisUng driveways on Fairview. This would increase the amount of truck traffic on Fairview. The driveways on Fairview should be closed so tfiat all trucks must use Prior Avenue. There is enough room behind the existing main building for Wcks to get from Prior to the new building. — Noise from trucks on the site would have a substantial effect on neighboring residential land uses on Fairview and Minnehaha. A noise study by an acoustical engineer should be required to determine if noise barriers are needed and if they are, how big they need to be and where they should go. JLT is taiking about constructing another buiiding north ot the truck transfer facility and this could act as a noise barrier if it was large enough and it was for a use that did not generate a lot of additional noise. (e) 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. The site plan is not consistent with this finding but can be modified so that it is consistent — The arrangement of the driveways wiU increase traffic on Fairview Avenue. The existing driveways shouid be closed so that trucks use Prior Avenue. — The building is arranged so that most of the loading docks are on the west side of the building and the building wili biock most of the noise from these docks from residents on • Fairview. However, residents on Minnehaha will be hear noise from these docks unless noise barriers are built. The building also has five docks on the north end of the building close to Fairview and noise barriers are needed for these docks too. 30 (� Creation of energy-conserving design through landscaping and location, orientation and aq 'S a � elevation of structures. • The site plan meets current standards for energy conservation and is consistent with this finding. (g) Safefy and convenience of both vehicular and pedesfian traffic both within the site and in relation to access streets, including tra�c circulafion features, the locations and design of entrances and exits and parking areas within the site. Public Works staff has reviewed the site plan and determined that the plan, including use of existing the driveways on Fairview for the primary access to the truck facility, is safe and consistent with this finding. (h) The satisfactory availability and capacity of siorm and sanitary sewers, including soiutions to any drainage problems in fhe area of the development. There is adequate sewer available. The applicant has not prepared a detailed storm water drainage plan yet. The site plan is consistent with this finding if a condition is added that a drainage plan must be submitted to staff for approval. (i) Suffcient landscaping, fences, walls and parking necessary to meet the above objectives. The site plan is not consistent with this finding but can be modified so that it is consistent: — Additional fences or walls should be constructed, if needed, to block noise to neighboring houses. — There is no iandscaping on the site now. The landscaping shown on the site plan should • be increased by planting shrubs that grow at least 10' tali along the west side of the building. Additional landscaping should be planted around the perimeter of the site where ever noise barriers are required. The noise barriers should be setback 10' from the property line to provide adequate room for landscaping. Q) Site accessibi�ity in accordance with the provisions of the Americans with Disabilities Act (ADA), including parking spaces, passenger loading zones and accessible routes. The site plan is consistent with this finding if one additional handicapped accessible parking space is provided. (k) Provision for erosion and sediment control as specified in the "Ramsey Erosion Sediment and Control Handbook." The site pian does not show erosion or sediment control measures. A condition for approvai of the site pian should be that an erosion and sediment control pian must be submitted to staff forapprovai STAFF RECOMMENDATION: Based on findings 1-5, staff recommends that the site plan be approved subject to the following conditions: 1. The property owner must close the two existing driveways on Fairview at his expense and repiace with them with curb and boulevard so that all trucks coming to the trucking facility wouid have to use Prior Avenue. in the future, if other uses are proposed on the site that would generate Ievels of traffic consistent with the adjacent neighborhood, the City would consider • permitting driveways on Fairview for these uses as long as the trucking facility did not have access to Fairview. 2. The property owner must pay an acoustical engineer to do a noise study. The purpose of this study would be to determine the ievels of noise that could be anticipated from the truck transfer � �) facility and to propose options for mitigating the noise. 3. Based ort ihe resulis ot the noise sur*rey, sound mitigation measures must be designed and —constructed to ensure that the development conforms to City noise regulatio�s. . 4. The setback on Fairview must be increased to 10 feet to permit enough room for landscaping to soften the appearance of the building. The setback must be pianted with shrubs that wiil get at least 10 feet tall when mature to form a continuous row along the entire east side of the building. 5. Additional landscaping must be planted around the perimeter of the site where ever noise barriers are required. The noise barriers must be setback 10' from the property line to provide adequate room for landscaping. 6. A storm water management plan must be submitted to staff tor approval. 7. One additional handicapped accessibie parking space must be provided. 8. An erosion and sediment control plan must be submitted to staff for approval. ! ' • r1 U �1C J'� i M r. wu��- re t e,., � J � k �c '�Gsc re�ee� r eesvr"r`'`' ` h..�,�4 2� PLfMN�� Ct71MlKtttiG�'� cr�' STAFF RECOMMENDATION FOR JLT/DAWES TRUCK FACILITY �� P «'� t� Revised 3/26/99 j-{ cs�� ��] c+ - S� • `l Staf� r2commends that the site plan be approv=d subject to th� foilowing condiYions: 1. Driveways The nortn drivewa/ on Fairview must be clos°d and the south drive�aay must be wid=ned as d2termined by Public Works to handle large trucks. 2. Sound barriers Sound mitigation measures must be designzd and construct2d to ensure that-the dev=lopment conforms to City noise regulations. If wails ara rzquired for sound barriers, they must be in place before the building is occupied. If another new building wilt act as a sound barrier, work mus! begin on that buiiding beforz the trucking building is occuoied. 3. Truck idling Truck engines must be turned ofi wfienever trucks are at the docks or on standing on the site waiting to get to a dock. 4. Parking on adjacent streets Trucks using this site may not park on Fairvew or Minnehaha. 5. Hours of operetion Hours of operation must be limited to between 6 AM and 12 midnight. 6. Setbacks and landscaping The setback on Fairview must be increased to 10 feet to permit enough room for landscaping to soften the appearance of the building. The setback must be planted with shrubs that wiil get at least 10 feet tail when mature to form a continuous row along the entire east side of the building. Additional landscaping must be planted around the perimeter of the site where ever noise barriers are required. Noise barriers or other new bui4dings must be setback 10' from the property line fo provide • adequate room for landscaping. 7. Storm water plan A storm wat2r management plan must b2 submitted to staff for approval. 8. Accessible park+ng One additiona4 handicapped accessib(e parking space must be provided. 9. Erosion and sediment control An erosion and sediment control pian must be submitted to staff for approval. \ J 33 �LTGROUP INC. 739 Vandalia Street • St. Paui, MN 55114 (651) 641-1111 •(651) 641-1244 Fa• ���� April 19, 1999 Peter W. Wazner Assistant City Attorney City of Saint Paul 400 City Hall & Court House 15 W. Ketlogg Boulevard St. Paul, MN 55102 RE: Project: Dawes Trucking @ Minnehaha and Fairview Avenues Dear Mr. Warner: After the last committee meeting of the Plannin� Commission I thou�ht it advisable to • share our thoughts with you in re�ard to the issues that have arisen. It must be noted again that our plan certainly conforms with both the letter and the spirit of the zoning of the property. We are not askin� for variance; but instead others seem to be requesting a chan�e in the types of uses allowed on this site and in the area. As owner of approximately 2,000,000 sq. ft. of industrial property in the Midway, we certainly are familiar with the kinds of activities that occur here on a daily basis. While this particular tenant is a"trucking company", it must be noted that distribution companies in the area often have more truck traffic than might be seen from Dawes Truckin�. In regard to Fairview Avenue being a truck route or not, we find it almost amusing to observe that this particular debate can only be described as what it must have been like to watch medieval theolo�ians arguin� about how many an�els could dance on the head of a pin. Or, perhaps, Bill Clinton explainin� the meanin� of "it." The fact is tnxcks drive regularly on Fairview Avenue. There are si�ns that clearly mark it as a truck route. (We will provide the pictures if someone cares.) City of St. Paul attorney, Mr. Matt Pfhol, has told us it is a truck route. To our knowled�e the • City has never attempted to re�ulate the trucks on Fairview Avenue goin� north from � �Y c�,�, • University Avenue. Perhaps someone can show us that attempt? Candidly, we find it duplicitous to su�gest we cannot use Fairview Avenue for trucks. What will the plan be for our immediate nei�hborin� businesses that re�ularly use trucks today on Fairview Avenue? But, someone minht say this new use will create an undesirable amount of new truck traffic on Fairview Avenue. The truth is that with a smaller buildin� like this there is no way an inordinate amount of new traffic could be created. There has also been a down ri�ht misrepresentin� implication that trucks wil] be "weavin�" and "windin�° their way through nei�hborhood streets. There is as much chance of that as there is of having truck traffic on Summit Avenue. As is so often the case, perhaps some people should pause, catch their breath and rethink what their real problems are. In our view, trucks backing in perpendicular to Fairview Avenue (as is the case on Fairview Avenue) poses a much bigger safety hazard. In addition, a few weeks a�o we cooperated with authorities who used a second story location in one of our buildin�s to observe and arrest suspects due to a significant dru� violation across the street on Minnehaha. While not having heard from the neighborhood on that score, we will say "you're welcome" in advance. • Sound Abatement — we find it interestin� that select commission members have found • the project Q,�v_ of violatin� sound ordinances prior to the buildin� and business havin� yet to be open. Where is the fairness in that position? If the tenant should be in violation of noise ordinance, they shouid be treated as any other business in St. Paul and appropriate measures should be taken. Where does this guilty before openin� come from? In point of fact, this business does not test jackhammers. They have a small fleet of modern equipment and have been a law-abiding business. • Subdivision of Parcel — we were astounded by the suggestion from one member who said that trucks should only enter from Prior because we were out of line (paraphrasing) in our concern over future marketing to other tenants and our ability to spiit the parcel if need be for financin� purposes, etc. I would ask that member if he owned a I S-acre parcel in the middle of the Twin Cities would he want that risht taken away from him? I could believe this suggestion coming from someone with a partisan point of view. From an appointed position of responsibility in seein� that property rights are upheld as part of a commissioner's duty it is astonishin�. We have been a slight bit surprised that there has been less than full support for our continuin� improvements to the parcel. We have spent millions and millions of dollars on this parcel and this new buildin� follows that course. When Bob Kessler came out to discuss the project, he did so in a professionai and rational manner. I did not say he is • squishy cheesecake. Rather he displayed savvy and poise. I have since leazned from a respected peer, Scott Tankenhoff of Hillcrest Development (whose company has made sizable contributions to the improvement of St. Paul) that he also felt Mr. Kessler did a 3� � good job on his most recent project. We were willin� to listen to Mr. Kessler's . suggestions in order to meet time requirements of the tenant. Those timings are now in jeopardy. We understand we had staffs' recommendation and now we are unclear as to where we stand. We would be willing to meet one last time to brin� needed clarity if anyone desires. This includes the issue of a sound barrier. We stand ready to discuss these matters with any and all participants. Thank you for your attention. Sincerely, Jerr�� y "Ffoo� cc: Commission Members Council Member Benanav City Staff Mayor's Office District 11 • u ,z�r_iur �aro��ttv 3� RPR-13-1999 12�18 FIRST RSSET MRNRGEMENT 612 973 1061 P.02i08 /�� �� ` - t SIERRA CLUB North Star Chapcec 779 Clayland Street St. Paul, MN 55109 612-973-1145 (daytime/messages) 651-69?-9303 (home/messages) Apri1 13, 1999 Mayor Notmari COleman City of St. Paul 15 west Kellogg Boulevard St. Paul, MN 55101 RE: RequAat to MaYOr'� Office for Environmental Assessment JL'f Truck Trans£er Site Proposal (Minnehaha e Faizview Av¢niles ) Dear Mayor Coleman: ihe JT.2 Truck i:ansfer Site Proposal fails four of your most important and often- stated development tests: • 11 job creation 2) tax base 3) affordable housing 4) neighboshood preservation • and rejuvenation. The Eocus of the Sierra Club's concern, o£ couzse, is #9--the neighborhood environmental and a.uality-of-life issues. In an eEfott to ensure thac the City cbtains sufficient information to make an appropriate decision on the truck t=ansfer site proposal, the Sie=ra Club recently sponsozed a neighbozhood-based petition effo=t. The petition (co v attached) requested the Minnesota Environmental Quality Board (EQS) to initiate an Environment Assessment Wozksheee (EAw) with tegard to the proposed site. The EQB rejected the EAw petition on the basis of the exemption for structures measuzing less than 100,000 square feet of intezioz sguare Eootage. The pzoposed £acility consists of outdoor loading platforms and paved truck bays in conjunction with intetior temporary scoraqe spaee. Most of the environmental and neighborkood issues, however, revolve around the proposed facility's outdoor activities_ Since this project falls outside the Minnesota EQB's jurisdiction, we are bringing this maCter to the City's attention- The 393 petition siGnatures, obtained by neighborhood volunteers, cleaxly indicate the neighborhood's overwhelming endorsement of the need for such an environmental assessment addressing the following issue�: a1 Safety concerns because the truck entrance and exit driveways on Faizview vill cau5e a significantly increasad traffic hazard £or neigkborhood childzen and Fairview auto traffic; b) Ext=eme noise pollution caused by truck engines and backup signals dusing the "anticipated" operating hours of 'I a.m. to midnight two weeknights and 7 a.m. to 9 p.m• three weeknights, plus some weekend hours; c) ziaht eollution due to powerful bzight lights shining f=om the site into Faizvie*.r a.venue bedrooms at night; d) Pollution of the visual environment in this residential neiqhborhood; e) Water pollution Prom runo££ of hydrocarbons and detergents used to clean pavements; � 37 APR-13-1999 12�19 FIRST ASSET MRNAGEMENT 612 973 1061 P.93i08 f) Increased air pollutioa caused by additional tzuck tra£Eic to a site wichin 12 blocks of Snelling � University, the most polluted site in Minnesota, and running of diesel tzuck eagines while parked at the sice_ The petition siynatuses also teetify to the signezs' belief that the City wi11 be responsive to their concerns. In fact, many of the 343 adult siqners also siqned sepatate, unofficial petition sheets liscing their minor children! It is czitieally important to the future of this unique neighborhood, and 'to ouz childzen, that the City be provided with the requested envizonmencal data. We are therefore now askina that Your of£iee perform an environmental aa3essment of the p=oposed truck tsansfer site develonmene pro�ect• Specifically, we are asking the City to perEoxm an envizonmencal assasssene, to inc2ude the in£ormation speei£ied on the attached YROPOSED ENVIIiONb�L7Tl�L ASSESSMENT. The Twin Cizies Gioup of the Sierra Club also understands "the bigqer pictuse"--the economic and political and economic context Within which developmenL issaes must be decided. we wou2d therefo:e also like to present our views regarding the £irst three -- eeonomic -- issues in the lisc at the beginning of thi� letter: 1) job creation; 2) cax base; and 3) afforflable housing. We be2ieve the proposed truck trans£er sice has litcle economic vaS.ue for St. Paul in tezms of eichet tas base enhancement o= job ereation, and threatens both public safety and the survival of this valuable affordable-houeinq neiqhk�orhood. Although chis Rropezty is not wzder port Authority jurisdiction and is not requesting Cicy Pundinq, nonetheless ue would like Lo compare the Authority's Sxownfields Neiqhborhood Redevelopment Criteria'S economic quidelines. FirSt, add=essing enhancement of the tax base, the Port Authozity iequires that the facility constitute a•'value-added liyhz mznufacturing" use. TI:is truck ZransEer site is a freiqhti transportation faeility to be used Dy independenc truckers, aot a manufacturing facilicy. Second, the pozt Authority's guideline for iob creaiion ie "at leasc one job per 1,000 squa=e feec of buildirg spaee," with "wage rates ac least S9 pe: hour," With 7D5 of nev hires consiszing of St. Paul residents. Although loadir.g and unloading freighc is labor intenszve, such work is mose likely to be hired on a casual basis through "tmmp" ager.cies. Tke proposed truck freight trans£er site wi11 not gene:ate anywhere near the 27 new, full-time, living-crage sta£f jobs chat the Port Authority would require iP this pzopezty were a zeclaimed brownfield. The legally apalicable City developmenc critezia, of course, are set fozth in the St. Paul Comprehensive Land Use P2an. both the new city plan (approved by the Cicy Council and pending approval by the Mecropolican council), and the preceding plan c,hich is still in effect, requite developm.ent to be compatible witk the euiroundinq neighborhood. The new city Land Use Y1an prohibics che constnzction of any new truck traasfer sites anywhere in St. Paul. It is thu3 obvious that City land use policy t:nequivocallY requires compacibilitV with the existinq nei4�orhood. ih¢ Sierra Club has a sincere concern £os preeesvinq the quality of life in this extraordinary urban residentia2 neiqhborhood. This established residential neighborhood, in the Neue21 Park area o£ Hamline-Miduay, is a striking exam�le of a safe, stable, multizacial neighbozhood with a mix of economi-c level3 and housing types, plus many of the resources and amenities that urban planz:ers vould plan in an urban neighborhood iE they Were p2anning a neighbozhood zoday: _public and private elementary 9CI100�9� churches, parks, playgrounds, zecreation centers, bus routes, and locally-owned teLail stores and eatinq establishments, plus a public 2ibraty and nationally known university, 2nd czicically scazce af£ordable housinq. Two days before the Planninq Cemmission hearinq, we were excited and encouzaqed by your public statemenc emphasizing that maYntaining and expanding the supply of affordable housing in St. Paul is a top iiayoral priority. The vast 7najo=ity of homes are owner-occupied, and the vasc majority are we11 saintained. We know the r;r..t,�� t,;nr .an�rA fnr nvr nr;nfihorh�nd. 'oeeause it Lewazds us Lesidents each year estate ta:c¢s, howevet, many smalle.c ot olfler homes s:ill fall into the "a£fo=dable categoty for blue-collar wotkers, veterans, younq families, and empty nestess who appzeciace che many advantaqes of living in Sc. Paul. i • • � � IQ APR-13-1999 12�19 FIRST ASSET MANRGEMENT 612 973 1061 P.04i08 �q -S2 `-� The �roposed tzuck transEer sice, bordered by £a:rviem ar.d Minnehaha Avenues--CWo • o1d resicential streets--is inLrinsically not r.eiqh'corhood-friendly. Noise, air pollution, and pu'alic sa£ety issues together eoastitute a serious, i�i.nent threac to the health of neighbors and the ecoaomic h¢alth of the neighborhood. Noise: The "anticipated" houzs of operation aL :he proposed site estend £roia 7 a.m. till 9 p.m. on so:,�e weeknights and ti12 :cidr.ig�t on oeh¢rs, plus some weekead hours, raith no scaced closing or "quiet hour�." Neighbors on Fair+iew, Minaehaha, and nearby streets will have at most 7 hours o: res�ice on seleetez weel:nights from the zepeated high-decibel backuo signals; those who vork gsaveyard shift xill have little if any rest. Many homes lack air co.^.ditioaing ar.d must leave vindovs open durinq warm weathe=. Accordinq to the National Instituces of Health, lack of adequace sleec can cause oz aggravate ocher health problems. ic also causee children and adults to experience difficulties in memory and concencration, thus zdr•ersely affecting learninq, job performance, and safecy. The addition o£ lancseaping and some noise-baxziet walls, as recommended in the Planning cecsnis>ion's Staf` tteport, would have no ePfect on noise £rom the trucks coming and going on the street; they would also do little to eff2ctively reduce the impact of hiq%�-decibel backup signal noise during the facility's long and lace hours of operation. Air Pollution: The sice will also brinq increased air pollucion, in an area that already has the highesti level of air pollution in the 'hrin Cities. Othe= environmental concerns include runo£f and visual pollucion, which are both cized in the Planning Conmiseion Scaff Feport. The '•big picture" also includes add.itional, unspecified facilities that zhe ownEr has planned for other porcior.s of this site, entailing siill more traffic and pollution. Safetv, however, is our primary concern. It is one thing to say "Not in my backyard," and quite another to say "DOn'i zun over our chiLdren!" • • As many residents reminded the Plannir.g Commission ac itis Mazch 26 public hearing, the proposed truck freight trans£er site is directly onposite 2 overwhelminqly T-nT' worse, The safety issue is paramountl Peak hours of ooeration--in the a£ternoon--eoincide danqerously wish after-school child pedestrian traffic to and £rom zhe neighborhood grocery store at Minnehaha and Fairview, homes and in-home daycare centers in adjacent and nearby blocks, Newe11 Park Recreation Center at Fairview and HewiCt, the public playqround ac Clayland and Chelton Streets, and the public library at Minnehaha and 5nelling Avenues. Even if the child's route does not cross Fairview, we all know that chi.ldren may unexpectedly rur:, skate, skateboard or zide bicycles or tricycles into the street. Neighboss voiced concezns chae the pro�osed sem:.tzailes truck entxazce and exit driveways on Fairview would soon necessitate the widening of Fairview Avenue and consewent loss of the boulevazd ("ttee-lawn"), making such danqer to children even more likely. Residents also testifiec' that evea nov, many trucks are illegaily using Fairview Avenue north o£ Minnehaha--past Nevell Park, going into Pierce-Butler Route--and residential sice-streets as tzuck through xoutes. 2his illegal practice can only be expected co increase if a czuck fze;.qhc cransfer facility is built at Fairview and Minnehaha Avenues. Tn conclusion, neighborhood residents and the 1oca1 5ierra Club believe that the planned cruck transfer site will not confer ar.y signifieant economic oz fiscal benefits on St. Paul, and that 7.ts a�proval vould spe11 danger and neighborhood detezioration, cempromising Hamline-A?idway as a i:nique, sa£e, af£ordable, multiculLUra1 urban neiqhborhood. Even under optimal conditions, with the Planning Cemmission Staf£ Report's recommended mzti.gat:r.g improvements, che approval of this particularly unsuitable project by the City vould threaten public safety and � � 35 qPR-13-1999 12�20 FIRST RSSET MRNRGEMENT PROPOSED ENVIRONMENTAL ASSESMENT JLT Truck Transfer Si�e Minnehaha and FairvieW Avenues 1. Description: Give a complete description of the proposed ancillarv facilities. Emphasize construction and operation methods that wi11 cause physical manipulation of the produce wastes. 612 973 1061 project and P.05i08 and features environment or Indicate the timing and duration of construction activities, 2. Permits and Approvals Required_ List all known local, state, and federal permits, approvals, and funding required. 3. Land Use: Describe current and recent past land use and development on the site and on adjacent laads. Discuss the compatibility of the project with adjacent and nearby land uses; indicate whether any potential conflicts involve envirorunental natters. Identify any potential environmental hazard due to past land uses, such as soil contamination or abaadoned storage tanks. 4. Water Quality - Surface Water Runof£: Compare the quantity and quality of the site runoff before and after the project. Describe methods to be used Lo manage and/or treat runoff. Identify the route(s) and receiving water bodies for runoff from the site; estimate the impact of the runofz on the quality of the receiving waters. 5. Tra£fic and Public Sa£ety: Estimated total Average Dai1y Traffic (ADT) qenerated: Hours oP operation: w2ekdays Weekend Estimated maximun peak hour traffic: Timing/Hours of peak hour operation: For each affected road, indicate the ADT and the directional distribution of traffic with and without the project. Provide an estimate of the imgact on traffic congestion on the affected roads and describe any traffic improvements which wi11 be necessary. ?�ddress any traffic-related public safety concerns. Existing parking spaces: Nuinber of parking spaces added: Identify any possible toxic or other hazardous materials to be transfered or stored. r 1 L J • • � • APR-13-1999 12�21 FIRST ASSET MRNAGEMENT 7. Dust, Odors, and Noise: Wi11 the project generate dust, odors, or noise during construction and/or operation? If yes, describe the sources, characteristics, duration/time of day, quantities, intensitv, and any proposed mitigative measures. Also identify the locations of sensitive receptors (inclvding hvmen popvlations) in the vicinity and estimate the impacts on these receptors. °lq -S 3L1 Describe safety measures and procedures be taken to avoid or • minir.:i2e hazards with regard to such materials. Describe measures to ensure site security. 6. Vehicle-relat2d Air Emissions Provide an estimate of the project's traffic generation on air quality, including carbon monoxide levels, including peak hour and seasonal levels. Discuss the effect of traffic improvements or other mitigation measures on air quality impacts. • � � 8. Parks, Recreation Areas, and Playgrou, Identify any designated parks, recrea playgrounds on or in psoxi,mity to the Describe the resource(s) and identify impacts on the resource{s>. 612 973 1061 P.66i08 as: ion areas, or site. any anticipated Describe any measures to be taken to minimize or avoid adverse impacts. 9_ visual Impact will the project create adverse visual impacts? (Exa�-nples include glare from intense lights and large visible plumes from cooling towers or exhaust stacks.) Describe any measures to be taken to minimize or avoid adverse impacts. 10_ Compatibilitv With Plans: Is the project subject to an adopted local comprehensive land use plan or any other applicable land use, traffic, water, or resource managemant plan of any local, regional, state, or federal aqency? If ves, identify the applicable plan(s), discuss the compatibility of the project with the provisioris of the plan(s), and explain how any conflicts between the project and the plan(s) will be resolved. If no, explain. il. Impact on Infrastructure and Public Services: wi1Z new or expanded utilities, roads, other infzastructure, or public services be required to serve the project or provide for public health or safety? x � �� qPR-13-1999 12�21 FIRST RSSET MRNAGEMENT 612 973 1061 P.07/68 If yes, describe the new or additional infrastructure/services needed, including any infrastructure • that is a"connected action" with respect to the project. 12. Related Developments; Cumulative Impacts: Are future stages of this development planned or likelv? If yes, briefly describe future stages, their timing, and plans for environmental review. Ts this project a subsequent stage of an earlier project? Zf yes, briefZy describe the past development, its timing, and past environmental review. Is other development anticipated on adjacent lands or outlots? If yes, briefly describe the development and its reZationship to the present project. If any of the above are marked Yes, discuss any cumulative environmental impacts resulting from this pro7ect and the other development. 13. Other Potential Environmental Impacts: If the project may cause any adverse environmental impacts which were not addressed by items (1} �hrouqh (12), identify and discuss them here, alonq with any proposed mitigation. 14. Summary of Issues: List any impacts and issues identified above that may require further investigation before the project is • commenced. Discuss any alternatives or mitigative measures that have been or may be considered for these impacts and issues, including those that have been or may be ordered as permit conditions. # # r 1 U ��$' y2. RPR-13-1999 12�21 FIRST ASSET MRNAGEMENT 612 973 1061 P.08i08 �a -s a-y • \ J • constituce 2 taking, dimi.nishing both che peaceable enjoyment o£ our homes azd our propercy values. we implore the Cicy co exercise a11 cue care to see that this r.eighborhood and its quality of life are preserved. Tne first step, we believe is for the City to conduct a thorouqn, eomprehensive environmental/saPety assassment including a1I cancerns a�+dressed in L'ne attached "Proposed Enviromaental Assessment.° we are askinq that this environmental study be compleced and reviewed, includinq a public commer.t period, before any approval is qiven or permi.ts gzanted for the develop�ent of the proposed sice. Please send us a copy of this report {oz any ocher envisonmental, economic, or neighborhood impact studies) immediately upon ics release to the publie. We aze specifically requesting also that the Cicy provide a public coa¢aent period oE at least 30 days following p�blication of the report. Thank you foz your atcention_ Sincerely, � "V' � ` Ronald G. Willia s r�d� � Amelia Ruth xummel Twin Cities �roup sierra Club Attachments 1. Yroposed JL2 Tzucking Transfer Site EAW Petition 2. Proposed Environmenta2 Assessm¢nt ec: councilmember Jzy Benanav Couneil President Dan Sostrem councilmember Jezry Slakey Councilmember Chsistopher Coleman couneilmembez Mike Harris Councilmember Jim Reiter Councilmember Hachy Lantry Gladys Morton, Chair, St. Paul Planning Commission Kathy Loue, Hamline Midway Coalition Pastor Greg Renstrem, Hamline United Methodist Church Pastor Tsu Ker Yang, Y.amline United Methodist church Ginny Yingling, North Star Chapcer Sierra club Bi11 Clap, Esq. � y3 rnTOi a aa �� � �5�. ��.,�� 1Vorth Scar Chapcer 779 Clayland Street Sc. Pau1, MN 55104 /�Pril I.Z 1999 Gladys Motton Ptanning Commission City of Sc. Paul City Hall St. Paut, MN SS10i Dear Ms. Morton: RPR-12-1999 16�24 FIRST ASSET MRNRGEMENT 612 973 1061 P.02i09 Our peciuon to thc Environmental Quality Board (EQB} regarding rhe JLT Tiucking Transfez Faciliry has been denied by the EQB, as explained in thc auached letter to Mayor Coleman. In its stcad, we are ccquestiag that the Ciry Planning Commission recommend that the Ciry perform thc attached "Proposed Envtzonmental Assessment " Please advise your Neighbnrhood Commiace of this maaer before iu'Iliesday momi�,e meeting. Alw, please send copies of this conespondence and attachmenrs to all of your Commission members. Thank you for your attention to tlus mattrr. SincerclY. � . ``61,�,o.SLa.` � . C..l ,� �-�-,.�..z Ronaid G. Williatns Twin Ciues Group Siccra Club cc: Mayor Narmaa Coleman Council Presidcnt Dan Bosnom Caunalmember Jay Benanev Counciimember 7erry Blakey Councilmember Christopher Coleman Councilmemba Mike Harris Councilmembcr Jim Reiter COUncilRlCi6j7ei K3Lhy Tan�'S' Kathy Loue, Hamline Midway Coalition Pastor Crreg Rensiro� �1ine United Methodist Church Fasror Tsu Ker Yang. Hamline United Methodist Church Bill Klap. Esq. • • • �' Y h MRR-3a-15.� _��57 WILDe.4 RESE�RCH oti_ �G% 4523 P.01i2: R9 -s a`1 � Mazch 30, 1999 Gladys Morton, Chair Saint Paul Planning Commission 15 West Kellogg Boulevard Saint Pau(, Minnesota 55102 Dear Ms. Morton_ I am wTiting as a concemed neighbor about the proposed truck transfer facility that 3LT would like to build on Fairview Avenue just south of Minnehaha Avenue. I oppose this use of the property for three main reasons: traffic, air quality and noise. These are not new concems for our neighborhood. We aze ciose to Snelling Avenue, University Avenue, the Burlington Northem Santa Fe �uck-�ain operation, the fairgrounds, the classic caz gatherings on weekends. We already absorb more than our shaze of Saint Pau1's tr�c congestion, exhaust and noise. The cumulative effect leaves us especially vulnerable to negative effects from a siguficant increase in uvcks entering and leaving our neighborhood every day. I understand and respect the owner's interest in getting a good value for his investment in this properiy. The stakes aze very high far me and my neighbors as we11. Por us, this is not just a question of increasing the retum on one profit center in a large real estate holding. We have � poured our savings and our time and caze and pride into our homes. We work hazd to keep up and improve our houses, yards and streetscapes. I am just one of ihe many paople who thought our neighborhood was worth investing many, many hours of personal time into a neighborhood planning process so that we could preserve and improve our quality of life, making our own local contribution to the future vitality of Saint Paul. We did this because we believed the city would support and value our neighborhood voice. We aze not a vrealihy neighborhood but we woik hazd to be a good, strong neighborhaod. We support local businesses, keep up our homes and yards and live respectfully alongside neighbors who aze different from us. But these accomplishmenu aze fragile and aze under increasing pressure. I believe that in the long term, Saint Paul would reap greater benefits and prevent more problems by showing support for our neighborhood on this issue, rather than by allowing this resident- unfriendly use of an industrial property that is located where people live. Sinc�ely, . ' ( n C i, _.�.r� �, �,�__. Ginger Hop � • 1728 Blair Avenue Saint Paul, Minnesota 55104 REGEIVED MAR 3 0 1999 ELANNING & ECONOMIC DEVEIAPMENT ibiy L TOTRL P.01 TS- "I 03/29/1959 23'°0 6127211649 K�NNE�Y TR?ti5 La{E PA6c 02 t�1�R 3 0 1�99 RECE��ED Mazch 29, 1999 � Ms. Gladys Morton Chsir, St. Paul Planning Commission 15 West Kellogg Blvd $t. Paut, MTv� 55102 Dear Ms. Morcon, ��jy�i&ECONOM�C DEYELO�ti1� It was with regret and constemation that I heard that JLT, owners of the property at Fairview and Minnehahe Avenues are planning to lease it out as a trucking hub. Futther, access and egress to the property is to be on Fairview Avenue due to the wishes of the owner. although there aze residences directly aczoss the street. I have been a resident of this neighborhood since I moved to St. Paul six years ago. I came to this neighborhood because my son and his family ]ive here. I have become active in local affairs and recently bought a house here. When I first moved in, the neighborhood was not rated very well compared to other areas. I have watched it change; people here care Many btock clubs have been formed in recent yeazs, most people care about their property and, importandy, property prices have risen 15 percent in the last year. 'fhic does not occcu ifthe area is not perceived as viabie. i was unable to attend the heazing last week, but know you heard many residents cite their concerns about the use of this property, so I'll not repeat them. I DO caze about the quality of life here, especially as my gandchildren, and a lot of other children, live here. t atso understand that the Pozt Authority has set certain criteria for the use of property; which does not include tcuck uansfer areas. Usin¢ this property for truck transfer will not add value to the neighborhood, will not creaze many jobs, does not help the tax base, and certainly wiil creaie many problems for the neighborhood. It is also not the hzghest and best use of the property. I am certain that the owner can find better use for it, if he tries. Housing units for the e(derly who wish to stay here aze certainly an option and much needed. I do hope chat the Planning Commission arrives at a solution that is win-win, and that the neighborhood does not lose out due to the des'ues of a single person. i ��S'n elyc� Iiamet J. �ednick 1783 W. Thomas Avenue St. Paul, MN 55104 • � Yt From: iom M�nn^r Fw (fi51j659-91q Voica �651)fi59-911) To� Connniss�oner G�aAys Motlon at rJO Mr Tcm E¢ac� CM�e 1 oR Suntlay. Marc� 29. 1999 I:0) i9 F.0 �� -S 2-�j • Swida��, �farch 23. 1999 Commissioner Glad��s \forton St. Paul Plaivun� Conuuission 1? F�'est I�ello�e Boule�'ard St. Paul. \I\ ?�102 F_�Z: Go Tom Bzacli. 266-9099 Dear Coitunissioner \torton: Thatilc }�uu for tha opporhmitt to spaak to flia Plamiins Connnissiou durine �•our puUlic hearin� last Frida}�. I am sure it �ti'as oU�'iuus that I am nut accustomed to speaking Uefore committaas such as this. I appraciata }�our patiauca as I shuubkd to m� puint. I am ��'ritiu� to } ou to remind of the tremendotts uuportanez ti� e placa on tlia issue of the proposed JLT dz��alopment at 625 Fain•ia�v A�e. I faal our commm�ih is 1 modal for tUe cih of St. Paul. Tlia prassuras oY da�'elopmant in our araa ara da�radine our community to the point �vhere ��'e arz a(1 considering li��iu� altemnti� es outside the Cih� Of St. Paul. I aut surz t�oti t� ill agrae that tliis �4'ould Ue a loss to the cirv as a ��'(iola. \�"e solicit }'our support attd t11z support of tl�a Pla�witlg Committaa in ancoura�ine JLT to radirzct this sitz uito a partnersl�ip �cith our neighUorliood that w•ill beuefit SLT uid our neigiiborhuod. Our ueiohborhood is a di� arse ueiohborhood. h1y� strzat nlona iucludas fmnilias of sevaral • afluiic backeirounds, Eldarl�� parsons. �"atarans, a collasa professor. a Ia�F}�ar, a fork lift operator, tnick dri�'er, euginears, tnanaeers, tneat pacl:er etc... R'e all ��ork toaather to impru��e Uie ueiohborhood utd participlta in n�iol�borhood watch prosrlms pl:mrino flo« ars aud maintauiiug cotmnon araas. Tha sa��ing "it takas a couuuu»ih� to rnisa a child" is nut lost to fear iu our neiahUorhovd. �'e are a"couuuuuih'� in tlie h�aditional sansa, ,y�at fouiid a Ualluce with modem d1y proUlzms that pl�gua uiam� cih• couunuiuties toda�•. Cla1r1�� our communih� neads to ba nurhirad 1nd dacaloped by tha cit�.• of St. Paul. • Our naiol�Uarhood has ahcaJ•s eneouragad busivass dacefopment. Eaeh y�aar ��e hava a picnic. �Va al�ca}s im'ita businassas in tl�a <uea to attaud. Thosz tliat cntutot ara trelted to UarUecue at ���ork. In man�• cases t�'a lia��e resolved mnn} disputes ���ith busiuesses ti��ithout tlie nonnal confi•outations that go�anuuaut nuut fi�equantl}• mediata. I undarstnnd fliat tlie plamune committee ma` lia��e little rzcoursa «hen a dz��eloper such as JLT entars tha areua �vith a Izoal attihida tliat say's "Let's look at the facts•" and "the nzighhor�l�ood's espectations doii t Yit zonina la�vs". C1ear14� I am not as ncquainted �vi8i zoning laG�'s as JLT lppears to ba. Ho�ve�•ar, I thiiili it is clzar fliat JLT is not iuterastzd ui thz ��alua tl�is neigh6orhvod Urings our cih�, a neigliUorhood vf �vhich «e 1re cei} proud. Should «a facz loud uoisas uutil rivah�a uiidnight, I and mmn' of my naighbors «�ill Uegiu to look for houseiue else�vliere. The brzlkup of our neiahUahood will no douUt result ui an incrzase ai low-income rantal housnig, rlUier d�an tlie currant tuix of locv- to moderate- uicome o«Yier -occupaut liousntg we currently enjdy. Tha cost to thz city for 8us sluft in housmg «�ould be suUstaurial. The benefit to JLT would also be substantial, as it clearly � �7 crom_ioinMi�+��°r Far..(551)659-91UVOice(S51)65 ToCOnimisslooerGaAysMOrtanatdoMr.TOmBeac� Paye2oRSunday.March2&199910ASlPU ��'ould ot�ar a ereat pool of lo�v-waga ��orkars ideal for tha industn� tha� proposa far tl�is � sitz. I sincaral�• liopa that JLT «ill joni us in fmd'ui� an altamatica usa for this sita. I faal flia taam «ork approacli to ecouomic dac�elopuieut ui our arza has bean profitable to our comnlunih�, iha cin�. and thz busuiesses in our arza. I solicit tha piaminie conunissivn to rajact Uia cun proposal and eucouraQe JLT to bruiQ a ua�v proposal to tha tabla fliat ��'ill iucluda tha support of tha uaiehUorhood of wluch tha}� ���ish to bzcome a part. Tl�oivas �Iu�dzr 76� Tahuu Street St. Paul. �N » 10-4 • � � �� -������� �N� �,���1u�;,�v �c��}�_� �l�,l'�� \����C`tl\1�:��� �T l�:n� �):� ��1,� _ �� r \Q.1�C�1 a,�4 1 g q q �-� � � . \ o� �C,or�� mt��o^�`� �r n U � � �1 U:�o� v� ,� �G �'�l �113� � U,hC_� a� ����� C���-��� ��.���.�� ��.���� � Q.�`� � �,`�o„�.` ��L� o� r��� `�0�� �"��.�wv..�; , a`�� �\�4^�� 1�v��� �.�.�: �) a�.p.� \��0'`�,� �;h 55 � U�� . ��'t�1 \�.�t��.�e, �w i�'��. ���.o. ��.3�� �.).'��, oh ��fi�-ha�.�,�� �i�,,��o�� Co��.� '� `�., �\ ,�,,'�,. � �,�, ��� mo�/ Ov.� 4.,���, �\ ��u�� t� � ���� '.� �--`�� � a,��.� � �, \>\ ���o.,�� �-..,�,ti�,�,L W v��� . -c�.�� , � �,�.� Y ��- ?����.U.>��� , �.� �1�„� ����m U.�. , � �a\ �>c� � o \�1«:��k� � y �'' �1�. S ��� V.�a,\S.� �,`��.�., �z^�� ���- � ����, . ��� _�� a,� �: � �.; 0,�12, �� ��.�� . � .ca�Cc� o`����s � wo'U� �E C�a�k v�a`���h �,��� ��c��.wv�l��'� . �� -l�c�.,��`� ��o��.t� v� ��� v"�`�`��,, � ,c��. c " ��\`�� � �_�L��- ��.ti.`., \�.; ���� � — ����� ��i�� '�1`. f�\`��L�lc���:i. ��� `���}�, l �, \1� C�»\���� 1Lp ��.�\\��C�. � �,\ `�.� Q..� \'�. . �, � ��o.��` � c� ��.,'�,,�nc. I�;.fi, �J �.� ��.r ..����vJ���. ...�,�� � a����� � ���� �v�� ��� ern :� � ��.�.�c��t� C ��v �c4.,�. ��� �.�.Yc. �� �� c�.�> �L , �.i`L�C�t� .�� h,ti`�, C,'���C� e�.� �n� cl _ U�� R�1R� n� �.�s��Y�� , �r �.���� � �� , -�,.�L �t�cx2, ���.�' ��>v.��.�,c�� l�� �.�.��tZ• , � 0.�� �r. �.�� �ta �� - � ^�� �v'V;.�C�� ���.nl ����� 0.��- � �i �U.� �U.�� �� U�k' \N-- � '��'� 'C��� � -� .,��c�..�.0 � �.,�e��' � Cu�c� .������ !� a-0.,�� �.'���.�, v�� ��. " S o � �, c�- . , , \C�` ��-� r� ��9;�." �A Z�,wvC�� �� C v I� C� �� ;�C� r hov.�..�.�c���,,,r�,���� c��� _��,� ��� ��: .'.�T,��.�. C�.`c��� ;a► �.�,�,�c���Z�. ��v�.i, ��,�5..�..ti �, �� n���� h��� �,��.z�, �;�.�.��Yb� a� g,,:,�, �� �.�....�v.sh�. ���l� '���...D��C�L. �-��S `b� i C�ioRA�; �0 �� �\��.y uoNT \�� <A ��� 0 C= N y ��_ � r. qq-S�y � 59 iv.BT'CY7 25. 177� • ?lease Consider: Increased noise pollution Increased traffic Lac�c cf routes to exit area ail of t^.e aoove exist here. In; 1997 and 1998 a trai2er stora;e area was at the same locatior.. �rucks were enterin� and exiting a� all hours. inis �ade mucn noise pollution, caused �y hard 'cra{ing and loud acceleration. If trucks use �airvzew ;oin� ��iorth; a semapnore would be �:eeded at P�:innehaha Avenue. In 1993 this cost was �25,000.00. If goin� east on �',innehaha to 3r.ellin�, t'r:ey er.t°r a^ already over used intersection. Cur residents are much closer to tha propo�ed area than t�.e resider�ts of B:vS? i�.idway Container Yard• `iheir corplairts to noise nave been stron� in oppositioa ior • ma^y years. These homes were mostly built around 1910, so tney have bee:� around lon�er tnan this business. � We live in a home ow;zed by the family from the time it was built. �espectfully Eu�er.e and �arbara Louden 1802 BZa�r nvenue 051-644-724 � �� n -�" � � f_ l L `! � `<"�%?�z L � �/ C` / �G�� � ���� • � So i;R-29-0� �ON 15�1° Chri;tine E. Olsen 1833 W. Nfinnchaha S:. Paul, itiIIv 55104 I�larch 29, 1999 • Gladys 1�foROn Planning Commission c/o Jean Birkhalz 1100 Cily Hall 25 W. 4 St. St. Paul, MN 55101 Dear Ms. Morton: PRT DuPPRTi�::tiT FRK ti0. 612c257co: RECEIVED MAR 2 6 199� E1.fiL'(NING & ECONOMIC DEYELOPMEPII .� � �S a-`{ I live across the street from the proposed Dawes Truck Temvnal. I am concerned about this proposed facility and it's impact on the neighborhood. Cathy Lue, from the HamlinaMidway Coalition, contacted me as soon as they knew about the proposed plan. I attended a meeting with JLT (Jerry Trooien and 7oe Meyers), Cathy Lue, and several other members of the community on February 17 at TLT's offices. At this meeting fhe plan was presenled and concerns fi�oin the neighbors discussed. Those conccrns includcd light, sound, air pollutioi�, a�id tralT'ic. Tl�c piaci sliowed the use ofFairview instead ofPrior. From conversations Cathy had with Tom Beech she,knew that JLT was told not to use Fairview. The ne'sghbor5 asked JLT to not use Fairview and to consider soma other use for ilus site. Mr. Trooien's response to al1 of this was that he was the owner and, since it was zoned industrial, he could do as he wanted. He also totd us he had a signed contrad with Dawes for the trucking facility and that this was a done deal. Dawes would be doing for the community. A second mce[ing, at Dawes reqaest, was held on March 16 at the Hamline Library. At that meeting John McDaniels was questioned about Dawes operations. Many of the same issues were covered. Mr. McDaniels was also asked wha.t Dawes would be bringing to the neighbothood and St. Paul. None of thejobs would be newjobs coming into the community. It was unclear what other positive things A tnird cornmunity meeting was held on March 22 at Iv'ewell Park. At this meeting approximately 45 neiglzbors expressed tltcir concerns for a trucking faciIity in the neighborhood. The neighbors voted overwhelmingly to oppose the truCking facility. I reafize that thece will be some kind of development on this site and understand why this would happen. What I don't understand is why something more compatib(e with the neighborhood and community couidn't be found. I am cvilling to work with 7LT in further development of their property to fit the needs ands concerns of the community. • erely, ._}.. � Lti.,,�.a Christine E. Olsen � �-�'�"` � � S/ i 779 C1ayland Street Saint Pau1, MN 55104 March 26, 1999 Saint Paul Planning Commission City Ha11 Saint Paul, N�i7 55101 RE: Proposed Truck Transfer Site Fairview & Minnehaha Avenues Gentlepersons: My husband and I are homeowners 2 short blocks north and one short block west of the proposed truck transfer site. I work as a customer service representative for an insurance coinpany. We bought our 1-1/2 story home 3 years ago with a VA loan and $0 down. � Just this past Wednesday, I heard Mayor Coleman on the radio, • proclaiming renewed concern about the extreme shortage of affordable housing in Saint Paul. Our Hamline-Midway neighborhood consists largely of this scarce commodity! Hamline-Midway is also a unique model of diversity and stability in the Twin Cities. We are old and young, with lots of children as we11 as retirees. We are blue collar, middle class, and professionals. We are also white and black and Hmong and Native American; the neighborhood church we belong to is bilingual and bicultural--English and Hmong. We have parks, rec centers, playgrounds, schools, churches, libraries, a nationally ]cnown university, and neighborhood stores. We have active block clubs. We maintain and update and improve our homes, and the government shows its appreciation by raising our tax-assessed value every year... If you were trying to plan a modern urban neighborhood, it would be very much like ours! But the proposed truck transfer site bordered by Fairview and Minnehaha Avenues--two old residential streets--is not neighborhood-friendly! • �t S Z �q -S2-y � z The "anticipaLed" hours of operatio� at the p site extend from 7 a.m. ti11 9 p.m. on some wee;cnig=cs and ti11 midnight on others, plus some weekend hours, wi:n no stated closing or "cxuiet hours." Neighbors on Fairview, N'_nnehaha, and nearby streets wi11 have at most 7 hours of respite on selected wee;cnights from the repeated high-decibel backup signals. And those who work graveyard shift will have little if a�y rest. The site wi11 also bring increased air pollution, in an area that already has among the highest levels of air pollution in the Twin Cities. Other environmental concerns inclua2 runoff and visual pollution, which are both cited in the Planning Commission Staff Report. But the environmental damage to our neighborhood is not as important as the threat to neighborhood safety. Semi's and all the smaller trucks turning onto and off of Fairview to access this site--opposite our newly reopened neighborhood store--would pose a grav2 hazard, especially for children. • OK, let's look at the "big picture": Per2aps, as the Plann�ng Commission's Sta£f Report advises, the entrance and exit could be on Prior instead of Fairview. The proposed truck transfer site could be toned down and prettied up, behind landscaping and some noise-barrier wa11s, as recommended by the Staff Report. Let's ca11 a spade a spade--this is the typical fig-leaf solution to unsuitable development! The noise, even if somewhat muffled, would still be a big problem for neighbors during the facility's long and late hours of operation. The bia picture also includes the additional facilities that the owner has planned for other portions of this site, entailing sti11 more traffic and pollution. The planned truck transfer site wi11 not confer any benefits at all on our neighborhood! Even under optimal conditions, it will have a deleterious effect on our quality of life. Approval of this particularly unsuitable project would therefore constitute a"taking" from neighborhood residents, diminishing both our peaceable enjoyment of our homes and our property values. This • project would also compromise Hamline-Midway as a safe, affordable, multicultural modern urban neighborhood. The Planning Commission must exercise all due care to see that this � 53 3 neighborhood and its quality of life are preserved. Thank you for your attention. Sincerely, Amelia R. Hummel cc: Mayor Norman Coleman Councilmember Jay Benanav Council President Dan Bostrom Councilmember Jerry Blakey Councilmember Christopher Coleman Councilmember Mike Harris Councilmember Jim Reiter Councilmember Kathy Lantry � • • '�' Sy , ni.To�aMinrl?r Fz�:(nit)659-910VO1ce.�65�)659�910TO'COmmrsslnnxGUCysNnrtontloAlr.TOmBearhatSCPaWNannmgCoinmisson Frg+tnf3StturdayMarc�2].199A3:dn;epy �Q �J � t • Corrunissioner Gladrs \iorton St. Paul Planning Cemmission 1� R'est I�el1o� Eoulecard 5[. Paul, bL\ »102 F.�Z: C,/o Tom Beach, 266-9099 Dear Coaunissioner \Lorton: I ain �nateE�il tor tlie opporauiin• aEforded U}• die coaunission to state m}• opia�oiis regarding the proposed necr taick [ransker kacilite- [oc G2� Fairc Arenue. I hac-e li� in the nei�hbochood adjacent to this proposed facility� for ten �•eats, and « � z: en the opporhinitf to �cork c d7e H:unline �Iid�ca} Coalition Yor die past inondt eonceming et�s site. \iy husband and I purchased a house on Tatum Stree[ ten }�zacs ago this mend�. \�'e, like odiers in eur neighborhood, chose to li� in an inner-city neighborhood, c�illingl�• ttading highec noise lzcels a�id trafdc for afTordable housing, a caciallt mited area, economically diverse neia green parks fer eur children, pcozimity m Haml�ne lini� and Hancock Elementar}•, and thricing businesses along Snelling:lcenue. The Ae�cell Park neighborhood still oEters all diose d�ings to a great miE of people, including lo�cer-income, ieorking class, and pcofessional people of all races and ages. R'e hace created secernl block clubs, Ccime R�atclies, and m�� neighbor and I organize a nei��rhbothood-�vide P�g Roast in our local pla}•�round each summer ���hich im hundreds oEcesidents. \�'e do no[ have a horrible crime rate, trouble u-i[h daigs, or gangs. • \�'e luie� ��heti �.e purchasrd a hoine in the ciry that �ce coutd not e�pect die quiet of a suburb, the clean air of the counhy, but on 6alance our needs �cere met. At the tm1e, ece did I,now that the site comered by Dlmnehaha and Fai:ciew �cas zoned I-1, or lib t industry. T7ic site, ichidt has had industrial uses for ocei si�t�r years, c.as a facility Eor a computer compan�� at the time. �f e did not a ce it much consideration, because �ce, reasonably, assumed that industrial sites adjoining residential sites must make reasonable accommodations. A distinction must be make betc �chat neighbors could reasonably espect for decelopment on this site, and evhat is happening no�c. A computer faciliry is a faz ccZ� from a trucking tieet �chich intends to operate hea��� tn�cks unTil 12 midnight, and, indeed, the ciry's adopted land use plan itselt saps the cit} should consider altematices such as special resttictions on lar�e micking firms. Thus, having a large tnickuig hcm move in doccn the street «�as, in my opinien, neither foreseeable nor reasonaUle. IS THIS SITE PL_-L� StiITABLE FOR CO3IPATIBLE bIISED tiSE I\ ACCORD iVCE ��TTH THE CIT�'S L_S:\D USE PLrL� � At present, it is not. Planning Corrunittee staft cecommend that it can be made so bj• mo�-ing its entcance and using sound baniers. I su�est that an}' comp:uiy opetating nois}' [iucks, unloading eyuipment such as forklifts and hydraulic lifts, from secen in the moming ttntil midnight is not compatible with a residential area. Period. No amount c+F sound restrictions �cilt cempletel�� muffle out these sounds. L� addition, die lights used bp JLT have consistentl� cteated a peoblein and haee not been remedied (despite empty promises by JL"� since JLT bought the site. In some cases the lights shining into adjoining houses remain so bright, all night, that one can read at night with no intcmal lights on. Such use deprives adjacent properties oE sleep, enjoyment of u X� ,ss f�om: icn M�mler Fa: (651)6549IR Vome. (fi51)fi59-5111 To Cnn:missloner GIZN's Morton rlo Alr.TOm Beach zt SL Pa:J �lann•r.g Ccmmisson �a9? 7 0' 3 SaturAay. MarcA 27. 1999 3'd' FU land, and creates a nuisance. � cemprehensice zoning plan e�ists ro stabdize pmpeet;,• uses. Ligh[ industrial acti�-in' such as computer assembly, ottice or edier 8-�, ltbhtec n�ise and trtftic use is �vi[hin the intent of the zoning, and also allows neighbors to continue to live and enio5�, ecen impro�e, their homes. ?. nuisance use �cill, rathec, destaUilize the adjacent residential area, as dap care centers ma5• (ose business, prepertc values mac c•,-ell decrease, and diosr of us «ho lia� worked hard ro keep die neigliborhood clean and decent look for other ptaces to lis-e. DOES THE ECONObIIC INTE£.EST OF JLT L� DE�"ELOPI��G THIS SITE FOR A TRIICI�TG F�CILITI OUTI�'EIGH THE INT'ERESTS OF I`TEIGHP>ORS ��TD THE CITl OF ST. P�UL? �s die o�cnec o£ [he site, TLT has the nght to decelep tt and make a pcota. Eut its interests do not ounceigh those of the citc and its neighborheoc. In this instance, TLT might lose profi[ in not deceloping [his site Eor the pcesent pu:pose, but that �ci11 be minga[ed bp its abiliq' to de� e(op it for more suitabte ptojec[s. The cin has an inrerest in m:iintaining affordable heusinb fer its cesidents, and that �cill not be mitib red by any addicional propecty' taties, etc. realized b�� rhis development. ��'i11 urban spra�cl rzsulting from residen[s fleeing [his area beneti[ the citf? Nor �vill d�e increased ttaTTlc en Faircie�v and Unicersits result in anydiing but increased maintenance costs. Similarl�, tne hemee« and pcopertp o�cnecs cannot mitigate the loss of the value o[ eu� pr�pecty �vith a neisp facility opeca[ing from secen untii midni�ht, keeping us accake, �: akmg oue children, �:-idz hea�-�• traEYic cempeting ter scheol buses and leacin� us onlc one majoc outlet, DIuinefiaha, Erom �cliidi to entu or lea�-e our neigftUorhood d�at is not ria� eled 6-r hea� trucks. �C�L3T IS THE TREND I'OR ZONIN G I�i �' T�IIS ARL' _'.:' The \lidc Hei�itts nei�bochood esisted before the industrial use. \Ianp homes �cere buil� in late 1390s, or earl}• 1900s--homes «ith historical and architectucat value. But, clearl}, flze are�a has become home to industrial decelopmrnt. But not e�clusirely. ��'e have seen thc cih• impro�-e our NeR Park corcununit�� building and playground, and open rno nec� scheols in the iinmediate aces of this trucl;ing site. Sucely it is not in the best interest oFancone to deliberatel}- locate large b oups of childcen neac such a site. The cit}• has not indicated that residential use in this area �z'ill wane until it becomes so(elc industrial. Theretere, this site cnust be deceloped in a caa�- that �cil1 centimie to be compaCble and not hacmLul io the residential decelopment. ��"e are not asking that jLT tum this area into a park,. Of mucse as a neighborhood a�e must be espected to enduce seme incon�enience rather than cur[aiI jLTs fceedom te use its site to inake a pcofit, Uut TLT must also use this pcoperty ui a cFa}' ��at causes no un:easonable haan to us. �Iodem societp requires Eactories, smelters, and taickin� Elee[s, and such acti��icies are not nuisances if carned on in suitable lecalities and the adce�se impact on neighbocutg localities is onlc acoida6le at pcohibitive cost. �C e suggest dtat using dzis site fot a diEEerent, more suitable and respectful pucpose, does net censtimte prohibitice cost ro JLT. ��`hat �cill be prohibiti�e is the cost to us—these actic�des �cill interfere substantiallp and Luzteasonably R-ith the interest oE substan[ial numbers oE landholders in the usc of enjopmrnt of our land, interfere with our health, comfort and concenience by emission oE unpleasant odors, fumes, loud noises, etcessive light, and much additional and dangerous heavy traffic. • • • � ,� ` Frmn:TOm�ninrix Fm:(651)659-911]VOice:(651�55491BTa'COmm�ssinnerGlatlySMOrtontloMr.TOmBeachat Pa9n3ot3SaNr�ay.Marc�2].19993a859Fnf �q_sa`I � • • The old masim One \tust Use His Propertc So ds tiot To Injure That of �lnothec is deeplF imbedded in rlmecican laR-. This should also applc to industrial sites that are bordered on ta sides, closelS•, b5• houses. EceR- industrial anno}•ance cannot be addressed, of course, noc erers thing that burdens the peace and ttanquillitc of a neighborhood. But in a neib berhood that is alread5• burdened to the bteaking point bc encroaching industrial anno}•ances, it is necessar�� for the ci�t� to look at its compzehensice plan and detemvne �chether a trucking facilitq is reasonable to be placed in this site. Should the ciri of St. Paul sacrifice an ethnicalls dicerse, economicallj• miszd, histocicallz' significani neigltborhood for die sake e[ a particular h�e ok de� Should the cin• favor this deF cather than nurture and support a neighborho�d that is a benefit to the cin'� Is this sitz reall} appropriate �chen the lack of aEfocdable housin� has reached a crisis, �chen ucban spca�vl has beceme au issue addressed bp dze Goccnzor of Dlinnesota, c•hen di� bIa} oT St. Paul openlc reiteraces his support Eor inneo-ciR� neighborhoods+ I respectfiilly subcnit to this conunittee that it is not. Thank pou for j•our consideration of these cemarks. Sincerely, Tulie Grifhn 7G�4 Tatum TahiarChelton Block Club Leadre � s� MRR.13.1999 6�43PM HFlMLIIJEihiIDWAY N0.280 P.2 AY HAMLINE M�DWAY CQA.LIT�ON Ham4ne Park Plsp;round I3uildiug � t5G4 LaFoad Avenue, Saint Paul, D9�'i 55104 � 612-646•14S6 � 61Z-641-G I23 March 13,1999 Ms. Gladys 1Vlorton, Chair St. Paul Planning Commission 15 W. Kelloag Blvd. St. PauJ, MN 557.02 Dear Ms. Morton: I am writing on behalf of the Hamline Midway Coalirion Board of Directors. �t its NIarch 16th meeting, the '6oard of Directors voted ++na.��mously to oppose JL'I' Company's proposal £or a truck transfer facility on Fairview and 1�tinnehalla Avenues in St. Paul. We want to thanlc you for � anfing a publzc heazing on this si�nificant issue, �vhich we underst is scheduled for March 26th. � The HNIC Eoard of Directors x�quests that, if possible, the heazing Ue held after usual business daytime hours, so tl�1t constituents who would be affected by fliis proposed operation would be ablc• tu paTti.cipate in the hearina, T# you have questions, please contact zne or Jodi Bantley, HNIC Executive T7ireccor. Thantc you. - Sincerely, /�/�. ,� � L Cath�rine Lue, Community Organizer tr. Councilmember Jay Benanav Steve IvlcKeown, HYi IC President Pat Teiken, HMC Treasuzer and Sub-distxict A Representative Dedicated to snaking t�e Hamlirae dtitfwaY s2e{gbbo-rhood a befler ptate to tiae asu! rWrk. ��a�, ��w��� \ J �J • �F S� � h1tiR. �.1Sy'3 S�1�Phl HAt�LiNEihlI�b1HY !� ,1 � � HAMLINE MID�V N0.45E_P.1_ Post-it' F2x Note 7671 � 3_ ¢ To��M �[l�CFI From �.�l'f'N c���c=_Ft �.1.G.P. co. Pt+cne * Pror:e d i . .. Z6G- qo9R Ii3mline Park Placground Bwidin, � 1i64 L�fond �venue, Saint Paul, hiV �i I04 � 612•64G-19sG + 61:•641-6123 • �s-ch 4, 1994 �-5. GLdys Mortoz C1Lirpe:son St Paul Planning Cou~�:-xtission 15 W Kello� Blvd. St. Pau11V�' 557.02 " Dezr �4s. iVlorton: Lu E � _ �-y On UehalE of the TiamL-�e �2zdw av Coailition (FLy1C�.Board of DirecEors, T am requesting that the St. Pau� Planning Comnussion hold a puUlic hearing JLT Cumpany-'s pzoposed freight transfer facility on Fairvievv and W.est �riinnehaha'A.venues. This request is based on the unanimously shared eonceir�s oE Ulock chtb 3eaders and other neighbors li�•ing close to the proposed sit�e, who met with Coalition zepresentatives on Febn�ai�• 24. These consfituenis and T�C w to pGblicl;�� sllare the follo�ain; cox�cems: 1; The residential area adjacent to JLT's propexEy is alzeadp satvrated with aix and noise pollu�on from the entire industrial corridoY in,ihe westernportion of District 11. 2) Such a Eacility would necessarily generaEe additional noise polluiion irom increased fruck traffic, indudin� the possibiLty of noise fzom id.l�nj hucks. 3) Lil:e�vise, flt� proposed facility would incsease ai: pollurion, par�cularly the unileallhy diesel fimles from i�ucl<s. ,Several area residenis aze alze2dy aftlicted cvitn respiratory pxoUlems• . , 4) The siee plan sug�zsts that'izuc�: txaffic w'ould entex/eo ess on'Fairview Avenue, dizectly across the sireet from a ro�nT of homes. Ineseased traffic rn1 Fain West IvSinnehaha and Prior Avezuies, consideruzg their heavy cunent use in conjvnction wiCh the industrial corridor and Suzlino on Northem-Santa Fe Railroad T-TuU Site, is hi�hly tutiwelcome. 5) Questions about the pruposed facility's hovrs of opera�on and daily volume of txaffie hace not been satisfacEorily answezed. HtiiC is IZOpeful that the Plaruung Co�ruivssion r,cill d ant tivs request for a public hearing on flie JLT proposal. Please conEact me or Cathy Lus, 651-6�10-19S6 wifh youz decision. Thanlc you fer y our considerafion. Sincerzly, ��� m��� Jodi \�f. SantIey Executive Director • /jmU cc: Steve 2vicl�eocvn, I�vIC Board Presidene Cath}r Lue, I3MC Community Ozgaz�izez Council��e� �is��y�,$��Fp�E Hamlina �tlzdioay neighborbood a belter place to lue and work. sr, ��: � i•;� � ,��:..;. � 3 5� Feb-22-99 05:23P JLT u_�2�:98 1G:1: td.t ootoaiace. 651 641 1244 P_02 ���GR�UF 1�lC. �„,��� � 738 Yandai4e Stre4i •� 4 'auE, µ� `�"`�tia (sst� 64s-St1 S�(fi51) �eb�uazy 2?. 1499 41F- �l utit Bc;OLEi 7Qlllil�, S�CtiL:l�]SL City af 5�.1'v+il i7t�icr uf Lfcen�c, [nspccEiocr aud £nYironmental 3_+0 S�. Pcccr Surci. Su=�z J�� S�-I':�ui,htN 551Ur-ISIO Dcu bi:. F3ca:.i:: l4`� vruu3.i li�� tn ga befacc dte Piaaeli�� Comiwssioti w;t':i uiu ptans f�ar I}swes ` Tt3wax��R o�� FebrwrS i�, 19w9. n�1r- Bci1r T will be sLhenitting the plans yau requestccl u socro s� tfr�y srn pcirued; eitheF li�ay or wnlor•e��'. '�luuii you. ti:ne�rtl}. ��"'-��-� ��� fiurc Wiitiam��n 31�5 Gcoup, ��- t`A u � � � `O � �� ,�vo, - l�r wirt� �� � �v • @ e� � ��� ' dc7=l �``''>s � � {�'�� . t �, ����� i .i9�.� �iv's �n`�. � T'( �V. ��, � � � ���vt. �'i v �r i r�f -- :��.� ����� U��n r�n,�� �-I �o f O '• �O r��n� �ta 1���o�n � l�( � �� _; ; ; � � '�] � /�V � �� ; ��. �`����t �� �;� t� - I � 1°U � � � �, �o��� �..�v�..� f ��i ��� �.�,��► 55 No t,�.R� : t ls Vdt i�t G�1�7 4�iVJ t 1'P"/�V.; �N._�.� !° � �� �� v,t'. GAR� � ,t �� � I t'^Zf��Cii ��-� i'T�' v� ° ��_s ati ! a �� �' �'' �I:� �u�, ; .��;, �,�� � €1 °�(.�; o� { � �� t����s °to �+bM,�F�� �, y �' L�s � r� J�€ t r� � ,�s � � Examples of Sound Levels Threshold oYPai Rock Baad (at 100ft) :, , � x �'� Large Gat6ering of People �� `� ^ 't � �\ Conversational � Speec6 140 dB 130 120 110 � Pneumatic 1 0 o Chipper 90 8 0 E Dawntown St Pant 7 O Street Traffic (Daytime) 6 0 E _ . 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's,�� � �� '�b t U � y W w`o ''" o '" z� a �� °�C$� ��� �d�� � t i y �"% � i �� � _� � � � i � i • ^ � � � i � � � I \ ��S 1 \ � V+ ���T \ -.rba..... : e 1 �\\\ 8 rt�+ ,�f, '(Y I � oE �s � ; ¢ r Aa� � i � � j \ �aa 1 � � , A ♦ 1 ����_�__� . ... � � � �]'!'_-#� -� -� 1 \ AMMJ � W1JM%31 I ��� AtlMl3 1 � � 1 � SW 30M]9m �� � EP ' � ��, � ��� � � 1 � � _ � � P� 1 1 � `� �� i 1 � I a I �, 1 � 1 § 1 � 1 � 9xn3rvs 1 I '� �1 1 � � ��� I � � ��a I � � � '�.w,�1 � ) � EI zl , j 30wU9v3 �/ 1 dl a j L� % 1 � �12 Q / � i' 1VEA / � i . ' i 6Wi�P I ' 1 � ..�.�: r 1 � `__'"_""� ' �.,, :` P�/ `` ��ti� '�� � � � y3�IM tll$$ISSiry _ �3 HIGALIGATS OF THE COMMERCIAL VEAICLE ROUTE ORDINANCE All trucks of 15,000 lbs. rated gross weight or under may travel on any street in the city with the exception of city parks and restricted parkways as shown on the map. The gross weight is the rated weight of the vehicle or combination of vehicles whether or not it is loaded. All trucks over 15,000 lbs. rated gross weight must use the routes as designated on the reverse side map except as follows: Trucks (9 ton) may travel on any street within industrial districts and the central business district. When entering or leaving a truck terminal or making a pick up or delivery, trucks (9 ton) shall reach or leave such location by traveling over the shortest route from the nearest truck route. Direct travel between deliveries, without returning to truck routes, will be allowed where the distance between delivery points does not exceed one mile. For delivery or pick up purposes, commercial vehicles (9 ton) may travel on designated parkways between the delivery or pick up location and adjacent intersections. Randolph Avenue and St.Clair Avenue between West Seventh Street and Cleveland Avenue; and Grand Avenue between Dale Street and Cretin Avenue are not designated truck routes. However, commercial vehicles over 15,000 lbs. rated gross weight, when making a delivery, a pick up, or when traveling to or from a truck terminal located in the area bounded by Mississippi River Boulevard, Marshall Avenue, Snelling Avenue, Se2by Avenue, Summit Avenue, Kellogg Boulevard, West Seventh Street, Otto Avenue • and Highland Parkway, shall consider Randolph Avenue between West Seventh Street and Cleveland Avenue; St.Clair Avenue between West Seventh Street and Cleveland Avenue; and Grand Avenue between Dale Street and Cretin Avenue as truck routes (9 ton), and all provisions of this ordinance applicable to truck routes shall apply. Except for recreational vehicles (RV's), no vehicle 22 feet in length or longer or T feet in width or wider may park on any city street or alley for more than 30 minutes or for longer than is reasonably necessary to load or unload. Clearly marked commercial vehicles may, between 5:00 AM and 11:00 AM, for purposes of loading or unloading only, park in metered spaces without payment or in truck loading zones. After 11:00 AM, commercial vehicles may, for purposes of loading or unloading only, park in truck loading zones to a maximum of 30 minutes. No provision of this ordinance shall undermine or permit violation of any rule or order of the State Commissioner of Transportation or of any State law or provision regarding the regulation of any aspect of trucks or any other vehicle. City of St. Paul Public Works Department Traffic Division 800 City Hall Annex 266-6200 November, 1996 • 9j�j � � , �q -sa�l 6 � ��f 1 J.rM ` < C p' � t ` v �"'>a, � r • �o� - � ` � � � � .� i is �y E a .::�= cK'-� c � � LS i3:�- ` y '� . 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OR!F_-IH OCJR ' �j qN�'/E rUUP m.(�) '�n� CCOR 1CC9 I t •� � _a. ^ T �`i � �� I i;�-0 J _� 4 � /' X i a� f '� . � .{.'���,F:n C�. Fi O r AP. C�E Y _ _. ,LL-"_=" _" "-_ _ �r w_ � -.i: � � - iT_c.^C AC" t4 . � Y Z. �+FC L`�.�i =••C__ � g�Il.l���[ n� JLT GROL : 39 l".j.�DA1. 5:. P.iLL. }L� i6!�,sti.! F.�.'i �5:?; � P37 `EQ LCG F.u���,�. ST.. P.�l �. BULDL\G Tc DA".� c: ��Cti � �� �s �AOR Pla.ti 3 SCF: (PFtO.iECC REV�.��' ` 2-L7-991 ca�srx�cna� s¢ 1-7-99 ��srov = i REti15I0ti =? D�TE �= DEL�t�} IR ' (}iECt�7 BH S[�ET �-3 OF -� .' .�, . , � North Star Chapter PUBLIC HEARING ST. PAUL CITY COUNCIL a� " MAY 12, 1999 RE: JLT TRUCIC TRANSFER FACILITY SITE PLAN Amelia R. Hummel and Ronald G. Williams 779 Clayland Street St. Paul, MN 55104 REPRESENTING: TWIN CITIES GROUP SIERR.A CLUB A. SITE PLAN INCONSISTfiNT WITH I-1 ZONING DISTRICT The Zoning Code of the City of St. Paul says that the intent of the I-1 Industrial District is "to primarily accommodate wholesale and warehouse activities, and industrial operations whose external, physical effects are restricted to the area of the district and in no manner affect the surrounding districts a detrimental way." (Sec. 60.611) The Code further states that new buildings in I-1 must conform to specific uses, including "(3) Warehousing and wholesale establishments, and trucking facilities." (Sec. 60.612) The thrust of the Zoning Code here to delineate light industrial areas to contain only activity which has no deleterious effects on the areas surrounding such activity. The Code sharply distinguishes I-1 from the next industrial classification, I-2, by stating that I-2 is for certain "industrial operations whose external effects will be felt in surrounding districts." (Sec. 60.621) in is A confused reading of the Code would focus on the second conjunct, ��and" in the sentence which includes "wholesale and warehouse activities, and industrial operations...in no manner af£ect the surrounding districts in a detrimental way." (Sec. 60.611) Upon such a reading, I-1 would include wholesale and warehouse activities, regardless of whether or not they affected the surrounding districts. Thus, you would have some I-1 activities which detrimentally affected adjoining neighborhoods and some which did not. 1 � � 1313 Fifth 3tz�et 3E, Suite #323 • Menneag�otis, MN 55414 •(612) 379•3853 � ay Such a reading would mean that the Code is incoherent in setting I-1 parameters. You would have radically different types of activities in areas designated as I-1, some detrimentally affecting neighboring districts, some not.(Sec. 60.612) Furthermore, of the numerous specified I-1 uses, there would be no way to tell, for most of them, whether they were the type that were allowed to detrimentally affect its surroundings or of the type given no such allowance. One such specified use is "trucking facilities." The City Zoning Code's delineation of I-1 districts is coherent. It clearly indicates that trucking facilities, among others, are one of the specified uses o£ I-1 and thus must "in no manner affect the surrounding districts in a detrimental way." This means the JLT Truck Transfer Facility proposal would have conformed to code if the proposed site had been in an I-1 district where the trucking facility would not have disturbed the surrounding neighborhood. However, since the proposed site abuts a residential neighborhood, the proposed site plan does not conform to the Zoning Code of the City of St. Paul. B. PROPOSED SITE PLAN INCONSISTENT WITH 1980 CITY LAND USE PLAN The Zoning Code with regard to site plan review and approval states that "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." (Sec. 62.108 (c)) The pertinent part of the 1980 City Land Use Plan (1980 Plan) says: Mixing incompatible uses will create an unsuccessful development. For example, uses which generate large volumes of traffic, noise or air pollution cannot be combined with uses requiring quiet. On the other hand, traditional separation of uses is not necessary when the uses do not interfere with each other or do not create external problems such as noise or air pollution. (p. 19) Since the site plan proposes activity which is incompatible with the adjoining residential neighborhood, the site plan is inconsistent with the 1980 Plan. This is true of the originally proposed site plan and of the site plan with restrictions, approved by the Planning Commission. 2 �q -s a� On Page 3 of the Planning Committee's Resolution (Resolution) approving the site plan with restrictions, it quotes the 1980 Plan: "The City should encourage conditions which allow the mixing of appropriate light industry with housing and commercial activities." (p. 1) The Resolution then quotes 1980 Plan Policy (1.4-3): "In cases o£ incompatible land uses, the city will use the techniques listed above [in Policy (1.4-2)] wherever possible to create or improve existing buffers between land uses." (p. 10) Finally, the Resolution cites Policy (1.4-4): "The city will ensure through its site plan review requirements that all new development provides adequate buffering as part of its design." The problem with the Resolution here is that, with this site plan, buffers are not sufficiently ameliorative to make the plan conform to either the Zoning Code or the 1980 Plan. Often buffers between light industrial and residential neighborhoods are in the form of significant land tracts which are occupied by some use which does not detrimentally affect the residential neighborhood. But that is not possible at the Fairview and Minnehaha site, since the proposed building is on land abutting the residential neighborhood. Though the Resolution restricts the site plan with noise barriers, these barriers would be insufficient to negate significant detrimental effects on the neighborhood with regard to noise and would have absolutely no eifect on expected rise in air pollution. There is yet another way the site plan is inconsistent with the 1980 P1an: since it threatens a residential neighborhood, it is inconsistent with the following 1980 Plan objective: To determine and support the most compatible solutions for meeting housing demands while promoting energy conservation and neighborhood stability. (p. 20) The 1980 Plan further expresses concern about the "increased demand for smaller, one and two-bedroom dwelling units for both ownership and rental purposes." There are many smaller single-family dwellings, plus a good number of duplexes and quadruplexes, in the Fairview and Minnehaha neighborhood which would be adversely affected by the proposed facility. One reason there is so much development going on in Hamline-Midway is that it is stable and safe. If this truck terminal project is allowed to go forward, people would move out, the neighborhood would 3 r�� -S �-�1 decline, and the outward-bound residents would contribute to urban sprawl. It could be argued that such a fall in demand for this neighborhood's housing would lower city housing costs; but in £act such suburban-bound flight would be the signal indicating that this affordable neighborhood was about to go into a neglect- and-decline cycle, with all the associated social costs. About half of St. Paul's property tax revenue derives from residential use, too, which is very unusual in this day and age. So on two levels, the City is very aware of the need for affordable housing. The 1980 Plan's concern is with preserving the supply of good-quality affordable housing in livable neighborhoods. The site plan in question is inconsistent with this goal. C. PROPOSED SITE PLAN INCONSISTENT WITH 1980 DISTRICT 11 PLAN As stated in the above section, the Zoning Code requires site plans to be consistent with City sub-area plans, as well as with the City Comprehensive Plan. The District 11 Plan is the sub- area plan which includes Fairview and Minnehaha. Some pertinent goals of the Plan as reported in the Planning Commission Resolution are: • Maintain the present balance between residential and commercial and industrial use. • Develop buffers to separate residential areas from commercial and industrial areas. • Confine through traffic to relatively few streets, treat other streets as local, resident serving streets. • When developing major through streets, minimize detriment to bordering land uses. (p. 3) The site plan contravenes the District 11 Plan in several respects: (1) First, it would disturb the present balance between residential and commercial and industrial use, not because of light industrial activity at the site, but because the proposed activity is incompatible with the adjacent residential neighborhood. The result would be neighborhood deterioration, possibly to the point that residential areas would be converted to industrial areas. � c�� -S a4 (2) Second, the proposed buffers are insufficient to protect the residential neighborhood from detrimental effects. (3) Third, in further developing Prior Avenue (a major through street), the site plan contravenes "minimiz[ing] detriment to bordering land uses" because the planned facility is incompatible with the adjoining residential neighborhood. D. SITE PLAN RESTRICTIONS IMPRACTICABLE OR INEFFECTIVE The condition that the develope_�erform a noise studv and present noise mitigation plans to Commission staff prior to permitting, does not protect the neighborhood. The Commission has failed to provide for public review and comment, to ensure that the study is valid and the proposed mitigation measures are adequate. This condition violates the public's right to review and comment. Appealing this amorphous approval is like trying to nail Jell-O to the wall! The addition of landsca�in� and some noise-barrier walls, as recommended in the Planning Commission's Staff Report, would have no effect on noise from the trucks coming and going on the street; they would also do little to effectively reduce the impact of air brake or high-decibel backup signal noise during the facility's long and late hours of operation. The restriction on ogeratina hours as a way of preventing detrimental effects on the neighborhood is ineffective, since semi-trailer trucks from out of state will be allowed to enter the site at the time of their arrival, day or night. The noise of such large trucks arriving after hours, including engine noise, air brakes, and the mandated high-decibel backup signals as they approach the loading bays or other parking locations within the facility, is certain to affect neighbors adversely. The 15-minute limit on idlina is unenforceable and therefore does not adequately protect neighborhood residents from noise or air pollution, The drivers wi11 be independent operators, and many from out of state, so they wi11 not be under any company's supervisory control. Placing this burden on the site owner or the tenant trucking company would be like tasking the fox to protect the chickens. The burden of monitoring and enforcement 5 ��'U � ! thus appears to be upon neigrborhood residents, which is thus unfairly burdened with monitoring round-the-clock arrivals in order to preserve quiet and air quality. Restrictions on trucks sto�oin� or idlina on neighborhood streets is less enforceable than the 15-minute limit on idling, for the same reasons. Site barriers along Minnehaha will be inePfective because the houses are on a hill above the site. The restriction that "truck traffic mav not use Fairview Avenue" is ineffective because, as indicated by the developer as well as residents, the City does not effectively patrol Fairview Avenue with the goal of restricting through truck traffic. Even with the truck terminal entrance and exit on Fairview, there is an experience-based concern that yet more trucks will use Fairview and other neighborhood streets in order to avoid traffic at major truck route intersections. As indicated by official City maps, Fairview Avenue north of University Avenue is not a truck route. The Commercial Vehicle Route Ordinance states: Al1 trucks over 15,000 lb. rated gross weight must use the routes as designated by the reverse side except as follows: Trucks (9 ton) may travel on any street within industrial districts and the central business district. When entering or leaving a truck terminal. .., trucks (9 ton) shall reach or leave such location by traveling over the shortest route from the nearest truck route. This ordinance is violated daily, by substantial numbers of trucks which use Fairview and Minnehaha Avenues. These avenues border, but are not within, an industrial district; they are both designated as local, resident-serving streets. It is not within the developer's power to prevent independent truckers from traveling along neighborhood streets. Any development, therefore, which may lead to heavier truck use of Fairview Avenue or other neighborhood streets is contraindicated. This is a primary neighborhood concern addressing children's safety, noise, and air pollution hazards. This restriction fails to protect the adjacent neighborhood in any way at all. � �t� -5�-`f E. HARM FROM INEFFECTIVE RESTRICTIONS Harm £rom Noise One of the earliest motivations for urban planning, historically, was the recognition that decent housing for workers is essential for productivity. No employer would want their shift workers to live next to a facility like the proposed truck terminal. According to the National Institutes of Health, lack of adequate sleep can cause or aggravate other health problems. It also causes children and adults to experience difficulties in memory and concentration, thus adversely affecting learning, job performance, and safety. In addition to shift workers who must sleep during the day or in the evening, children and the ill or disabled require rest and sleep during the day as well. Daytime noise and noise-induced stress constitute a serious threat to residents' physical health and emotional well being. It is important to note that many of this working neighborhood's 80-90 year old homes lack air conditioning, so daytime and nighttime noise will be especially harmful during the spring, summer and fall, when windows are open for cooling and ventilation. Harm from Air Pollutio Increased air pollution wi11 affect children playing outside, residents walking or exercising outside, and anyone doing anything inside older homes which lack central air conditioning. It will have greatest immediate impact upon infants, the elderly, and those with chronic or acute respiratory problems. When my wife was collecting petition signatures along Fairview and Minnehaha--right after returning to work after a bout of pneumonia--she met two residents with oxygen tanks and many others who volunteered the information that they had emphysema, or that they or their children had asthma. This area already has a very high level of air pollution, and many of its residents are clearly at risk. The ill and disabled must not be driven from their established homes by improper development of adjacent land, in violation of the city plan and the zoning code. F. ENVIRONMENTALLY SENSITIVE AREA 7 ��. - s a�t This thriving working neighborhood is environmentally endangered and already under environmental siege from surrounding traffic and industrial activities. newell Park, the little neighborhood which includes Fairview and Minnehaha, is vulnerable because it is bounded on three sides by light industrial activity--the Burlington Northern container yard off Pierce Butler Road, the factories between Prior and Transfer Road, and the I-1 area at Fairview and Minnehaha. In addition, it is only about 12 blocks away from what was, in the past, the most air polluted site in Minnesota, Snelling and University. In the 1980's this intersection was cited several times by the EPA for air quality non-attainment. The City has worked hard to reduce pollution levels at this intersection and, consequently, has been cited only once in the last couple or years. The City has put in place an alarm system which is triggered when air pollution is high. It then finesses the traffic signals to discourage traffic from entering the intersection and encourage those in the intersection to more quickly exit. A daily timing device and the "ring round" which takes traffic around Spruce Tree Center also reduces air pollution. The fact that the City has to go to so much trouble to take care of this problem and that there is, even now, occasional air quality non-attainment, is evidence that the air quality problem in this area is serious and that it would be vulnerable to significant air pollution increases. In addition, the federal EPA is now concerned with the kind of particulates that diesels emit to the air and is studying the matter to see how the problem can be reduced. The introduction of the proposed truck facility threatens the air quality of this area, a problem which should be studied, as we suggested in our "Proposed Environmental Assessment." During most of the year, it is bearable for most--though not all- -residents. During the State Fair, however, the smog is visible to the naked eye, and exercise may be dangerous for the unwary. This is a strong community here, but to maintain it the City must be vigilant in shielding it from incompatible activity and environmental threats. G. SITE PLAN IGNORES THE 1999 CITY LAND USE PLAN 8 q,�,—.say The 1999 City Land Use Plan (1999 Plan) of St. Paul's Comprehensive Plan was adopted by City Council on March 3, 1999, and is subject to review by the Twin Cities' Metropolitan Council. It was recommended by the St. Paul City Planning Commission on September 25, 1998. Thus this impressive forward- looking document is solidly backed by the entire government of the City of St. Paul. Though it does not yet have legal force as the 1980 Plan presently does, it certainly is an important guide £or policy judgments of the type which are critical for the Planning Commission and for the City Council in considering site plan reviews. In the 1999 Plan's discussion of Equitable Metropolitan Development, it lists several policies, two of which are: 3.3.1 Saint Paul will support an increase in the number of jobs and housing units in the city, and will try to focus growth along transit corridors, thereby supporting the strategies of the Metropolitan Council's Regional Blueprint.... 3.3.5 The City should express its support and, where appropriate, join in housing programs and projects that contribute to balanced populations (age and income) in communities and neighborhoods throughout the East Metro area. (p. 14) This says we should promote growth along transit corridors, not deterioration as the proposed plan threatens. MTC Bus #7 runs along Minnehaha avenue through this neighborhood and Bus #16A (plus limited stop #SO) runs on University Avenue, only about 5 blocks south of Minnehaha. The #16 is one of the most frequently running buses in the Twin Cities. The other policy above talks of supporting balanced populations (age and income). The Fairview and Minnehaha neighborhood is such a neighborhood, with a strong balance among ages and with low income and middle- range income. The 1999 Plan indicates preservation and encouragement of such neighborhoods. In its section on "Strategy 2: Neighborhoods as Urban Villages," the 1999 Plan states and "Objective 5.1 Urban Villages: Theme with Variations" with policies including: 7 ��,-�a`i 5.1.1 The City neighborhood organizations, developers and realtors should use the urban village principles listed below, which are condensed £rom the Charter of the Congress for the New Urbanism, for assessing neighborhoods and promoting the advantages of city living. • Good neighborhoods are compact and pedestrian-friendly. • Good neighborhoods have a mixture of land uses. • Good neighborhoods have a broad range of housing types. • Good neighborhoods are designed to support mass transit with appropriate land uses and densities within walking distance of public transportation. • Good neighborhoods have commercial, civic, and institutional activity embedded, not isolated in remote, single-use complexes. • Good neighborhoods have schools within walking and short bicycling distance, for most children. • Good neighborhoods have a range of park facilities, from tot-lots to village greens to ballfields to community gardens. (Large parks and conservation areas serve as boundaries between neighborhoods.) • Good neighborhoods are safe and secure. • In good neighborhoods, the architecture and landscaping physically define the streets and public places. (pp- 25-26) Amazingly, the above listed characteristics beautifully define Newell Park, the neighborhood which includes Fairview and Minnehaha. Newell Park, in turn, is part of the larger Hamline-Midway neighborhood, a model of diversity and stability in St. Paul. We are old and young, with lots of children as well as retirees. We are blue collar, middle class, and professionals. We are also white and black and Hmong and Native American; the neighborhood church my wife and I belong to is bilingual and bicultural-- English and Hmong. We have parks, recreational centers, playgrounds, schools, churches, libraries, a nationally known university, and neighborhood stores. We have active block clubs. We maintain and update and improve our homes, and the government shows its appreciation by raising our tax-assessed value every year. This is a neighborhood not to be threatened with incompatible development, but a neighborhood to be preserved! 10 qq-say In its discussion of "Objective 5.2 Mixed Land Uses/Mixed Use Development," the 1999 Plan list policies including: 5.2.1 In traditional neighborhoods, the City will support compatible mixed use within single buildings and in separate buildings in close proximity. Mixed use reduces transportation time and cost. National surveys show that, on average, city residents drive only half as many miles per year as suburban dwellers, primarily because each trip is shorter in the city. (p. 27) This is yet another 1999 Plan ideal already mirrored in the Hamline Midway neighborhood. The grocery store at Fairview and Minnehaha has apartments above. A few blocks away off Minnehaha and Snelling are other buildings, such as a coffee shop, a hardware store, and a restaurant which also have apartments above. If our neighborhood deteriorates because of the proposed truck transfer facility, people will have to move away from the mixed use neighborhood, thus contributing to urban sprawl. This is precisely the kind of thing the 1999 plan is trying to avoid. The City must promote compatible mixed development, and preserve it where it already exists. The 1999 Plan's Appendix C says: 10. Study alternatives and propose amendment to the zoning code which would distinguish between small and large trucking operation,s. Consider alternatives such as special restrictions on large trucking firms and propose an amendment so that wi11 limit large low-employee-density trucking use of industrial land. The proposed amendment should act to make consistent, with regard to trucking uses, the zoning code and high density employment requirements outlined in Appendix A of the Land Use Plan and Policy 24 of the Summary and General Plan addressing intensive use of industrial land. (p. 71) It is my understanding that, in this regard, the City intends to prohibit additional truck transfer facilities in St. Paul, just as Roseville did some years ago and as other area municipalities have done. It makes no sense for the City to establish a policy like this and then squeeze in one more development of the sort that this policy prohibits. 11 �q-say H. SITE PLAN ENVIRONMENTAL ASSESSMENT NECESSARY It is critical that City Council have adequate environmental information in deciding on this site plan with serious possible effects on its adjoining neighborhood. That is why we attached a three page "Proposed Environmental Assessment" to our April 13, 1999 letter to Mayor Coleman requesting the City to do a serious environmental study of the site plan's environmental effects on the neighborhood. (I also said that the Environmental Equality Board had denied our petition to do an Environmental Assessment Worksheet on the grounds that the proposed building was less than 100,000 sq. ft. The petition was signed by 400 citizens, almost all from our neighborhood.) In response to our request of the Planning Commission to recommend that the City Council initiate such a study, the Planning Commission declined to recommend the study on the grounds that it "was advised.._that the City does not have legal authority to undertake extraordinary environmental review under a different process or name." The City not only has the authority to order the environmental study we suggested, it has the duty to do it. It is unhelpful to label a suggested environmental study "extraordinary�� and then contend that it need not be done. Here is what the State of Minnesota's Environmental Rights Act says about environmental protection: The legislature finds and declares that each person is entitled by right to the protection, preservation, and enhancement of air, water, land, and other natural resources located with in the state and that each person has the responsibility to contribute to the protection, preservation, and enhancement thereof.... Accordingly, it is in the public interest to provide an adequate civil remedy to protect air, water, land and other natural resources located within the state from pollution, impairment, or destruction. (Minnesota Statutes 116B.01) The vehicle for the environmental protection remedy is the state government, and by extension, city government. A critical way the city is to effect environmental protection is to gather sufficient information to make a reasonable environmental assessment. An excellent way for the City to gather information with regard to this site plan would be 12 `C�-Say to do our "Proposed the neighborhood a protection. Environmental Assessment." This would give reasonable chance for its environmental Accordingly, we again request that the City do the "Proposed Environmental Assessment" and "that the City provide a pub2ic comment period of at least 30 days following publication of the report." 2. LACR OF ADEQUATE PUBLIC REVIEW OF SITE PLAN NOISE STUDY The City is to be given credit for doing at least part of the environmental study we recommended. At the March 26, 1999 Planning Commission Hearing, the City staff recommended that a site plan noise study be done. For some reason this study was long delayed and not made public until, Monday, May 10, 1999, the very day we write these words. But this is only two days away from the City Council public hearing! It is an extreme, unreasonable and almost impossible burden for us to attempt to find an expert who can interpret a noise study in the eleventh hour like this. We nevertheless offer a few hurried observations about the noise study. The study addresses only truck engine noise at Dawes Trucking anticipated operating levels from slow moving and idling trucks. It ignores piercing back-up truck signals and air brakes, the most bothersome of truck noises. It also ignores opening and closing of dock doors. Even during hours when the noise ordinance is not exceeded as an hour-long average of engine noise levels, the instantaneous noise levels from air brakes and repeated back-up beepers wi11 disturb neighborhoods peace and quietude and will disrupt sleep. A rather puzzling part of the study reports that the �'Number of truck operations permitted per hour to remain below L10 55 dBa [the highest night noise level allowed by the St. Paul noise ordnance]" is 26. This apparently means that the amount of noise at night created by 26 trucks in an hour is acceptable in neighborhoods of Highland Park, Macalaster Groveland, and St. Anthony Park, as well as Newe11 Park. However, it is difficult to believe that any residential neighborhood in St. Paul would tolerate such noise. 13 ��l -S a�\ The noise study also ignores the affect of the proposed study on daytime noise. We cannot tell from the study if the truck facility would violate the ncise ordinance during the day. In addition, the study does not indicate the present noise level in the Fairview and Minnehaha neighborhood. At this point it is important to bring to bear here our earlier discussion of the Zoning Code. The zoning requirement states that the neighborhood must not be adversely affected in any way by I-1 activity. This is stricter than simply requiring that the proposed activity not violate noise ordinances. Finally, since the permit request relates to a building with 26 bays, it is imperative that any comprehensive study consider noise impact at maximum operating capacity, not just presently anticipated operating levels. Out of due process concerns, our April 13th letter to Mayor Coleman specifically requested "that the City provide a public comment period of at least 30 days following publication of the report tthe "Proposed Environmental Assessment"]. It is very important that citizens have the opportunity to assess and comment upon environmental assessments which so critically bear upon their neighborhood preservation. Accordingly, we request minimally, that a 30 day public comment period be allowed for the noise study and a public hearing at the end of that period. J. PROJECTED CAPACITY OF PROPOSED FACILITY? The Resolution reports that 45 semi-trailer trucks and 40 smaller trucks would use this facility weekly. (p. 2) However, it also reports that the building would consist of 26 docks. With optimal scheduling, such a building could accommodate over 100 trucks a day! The proposed site plan and its presently anticipated levels of operation are seriously incompatible with the residential neighborhood. But if the building were to realize its capacity, the facility would violate the neighborhood in spectacular fashion! Even the noise ordnance would be radically exceeded. Air pollution also would dramatically rise. One has to wonder, why is such a facility being built with that kind of capacity? What is to stop the owner from allowing the building to reach its capacity? It is a serious concern that 14 q`t the proposed building would have a much more serious detrimental e£fect on the neighborhood than the site plan suggests because the site plan fails to address the building's capacity. IC. ECONOMIC IMPACT UPON NEIGABORHOOD The Planning Commission failed to address the financial impact of the proposed facility upon neighborhood homeowners. Such an incompatible industrial development would decrease their property values and discourage lending institutions from financing home improvement loans, second mortgages, or mortgages for prospective purchasers of homes. L. CONNECTION WITH AMERICANS WITH DISABILITIES ACT The Planning Commission failed to give special consideration under the Americans With Disabilities Act for neighbors with respiratory and other disabilities, including asthmatic children and adults, who are at high risk from increased air pollution; from stress during the 2ong operating hours from noise of the truck engines, backup beepers, and air brakes, and from loss of sleep due to noise and aggravated respiratory problems. Residents with chronic or disabling health problems should not be forced out of an established affordable neighborhood by incompatible adjacent development. M. ALTERNATIVES TO TRUCK TRANSFER FACILITY There are many reasonable development alternatives for this site which would be compatible with the neighborhood. These would include low polluting light industries which were not open in the evening hours. The bus line on Minnehaha flat lancl make this site perfect for disabled and elderly housing. Such a development would create less air pollution than other alternatives, since those residents would use the bus lines to a great extent. But even other housing would be a better air pollution-wise than introducing a lot of trucks to the area. That is because cars would not emit the air particulates of truck diesel engines, particulates which now of a major concern and study by the federal EPA. 15 V � �4,.�._.�,�. ��- a� ����,� Council File # ��'S� �������� � `l�� RESOLU ON �J �eenSheet# �o�b�� � ITY OF SAINT PAUL, NIINNESOTA � �, / �/ Presented By I'.Z`-� -�flI1L7 Committee: Date 2 WFIEREAS, JLT Group, in Zoning File No. 99-038, applied on Februaiy 24, 1999 for a 3 site plan review pursuant to the provisions of Saint Paul Legislative Code § 62.108 in order to 4 establish a truck facility on the west side of Fairview Avenue, one-half block south of Minnehaha 5 Avenue, and legally described as Section 33, Township 29, Range 23, except avenues the North 6 561 33/100 ft of nortYteast 1/4 of northwest 1/4 of Section 33, Township 29, Range 23; and 7 8 WHEREAS, JLT Group and the Hamline Midway Coalition requested the Saint Paul 9 Planning Commission to hold a public hearing on the proposed site plan; and 10 11 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 WFIEREAS, the Saint Paul Pluuiiug Commission conducted a public hearing on the site plan application on March 26, 1998 and referred the matter to the Commissions Neighborhood Plamiing Committee; and WHEREAS, the Neighborhood Planning Committee met and discussed the site plan on March 13, 1999 and March 20, 1499 and recommended approval of the site plan with conditions; and WHEREAS, on Apri123, 1999, the Saint Paul Planing Commission, having received the recommendation submitted by its Neighborhood Planning Committee, made the following findings as set forth in its resolution number 99-27: Dawes Trucking The truck transfer facility would be built by JLT and operated by Dawes Trucking. Dawes would bring a variety of goods to the site from local businesses using smaller city trucks. The goods would then be consolidated inside the building and loaded onto semi-trailers and shipped out of state. Dawes currently operates out of a building located in Roseviile. However, this building is too small and Dawes wants to move to get more room 2. Proposed operation John McDaniels, the owner of Dawes Trucking, described the proposed opexation to staff, including the hours of operation and the number of trucks: Hours of operation - The facility would be open Monday through Friday. It would normally be closed on weekends although occasionaliy there would be an individual huck on weekends. Page 1 of 9 1 G S S Zt� 2 - During the week the facility would open at 7AM. Tuesdays and Fridays 3 aze the busiest days and the facility would normally stay open until 4 midnight on those nights. On Monday, Wednesday and Thursday the 5 6 7 8 9 10 11 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 45 46 47 48 49 facility would close at 8 or 9 P.M.. Peak hours are late afternoon (3 to 6 P.M.) Number and types of trucks — There would be appro�mately 35 semi-trailer trucks a week taking freight out and another 10 semi-trailer trucks bring freight in. (On Tuesday and Friday when they aze busier, there would be 10 semi-trailer hucks a day. On Monday, Wednesday and Thursday there would be fewer semi-trailer trucks. There would be 6 to 8 smaller local hucks a day Monday thru Friday. These trucks would leave in the morning, pick up ar deliver goods locally, and return in the afternoon. The large trailers typically take 3 or 4 hours to load. However, a trailer may site at the dock for a day or two until it is picked up. The truck engines would be turned off and would not run while the hucks are parked. Elechical hook-ups for engine heaters would be provided in the winter. If trailers will be parked for more than a few hours, the tractor is unhooked and leaues the site. Some of the semi-trailers would have refrigerator units. However, Dawes would not be handling perishable good such as produce and so trucks with refrigerator units would not run them while they were at the site. There would not be any fueling stations or maintenance shops on site. 3. Existing operation Staff visited Dawes current locafion in Roseville two times and observed the following: — On Thursday, March 11 at 4:00 PM there were 10 trailers pazked at dock doors and additional trailers parked on the site away from the building. (These trailers did not have any engines running.) There was one truck backing up to a dock and in the next 15 minutes two more hucks arrived on site. (These trucks had their engines rum�ing.) — On Monday, March 25 at 8:00 the business was closed. There were approximately 10 trailers parked at dock doors and other trailers parked on the site away from the building. One parked truck was running and had its lights on. 4. The site plan The plan shows a 27,740 square foot building. It would be 294' long on the side facing Fairview and 93' deep. It would be 28'-5" ta11. The building would have a small office on the south end but most of the building would be for storing and handling goods. The building would have 21 overhead doors for large trucks on the west side (facing away from Fanview) and 5 doors for smaller, local trucks on the north side (these would be visible from the street). Access would be provided using two existing driveways on Fairview. The site also has access from an existing driveway on Prior. Page 2 of 9 a��Z� 2 5. Required findings Section 62.108(c) of the Zoning Code says that in "order to 3 approve the site plan, the plauuing commission shall consider and fmd that the site plan is 4 consistent with" the following: 5 6 (a) 7'he ciiy's adopted comprehensive plan and development or project plans for sub- 7 areas of the ciry. 9 The 1980 Ciry Wide Land Use Plan that was in effect when ttus project was 10 submitted to the City for site plan review says: 11 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 45 46 47 48 49 �) The City should Encourage conditions wiuch allow the mixing of appropriate light indushy with housing and cozzuuercial activities. In cases of incompatible land use, the City will use the techniques lasted above wherever possible to create or nnprove exis6ng buffers between land uses. [The techniques referred to include landscaping, bernung or fencing perimeters and mainta.ining building exteriors to complement adjacent land uses.) The City will ensure through it site plan review requirements that all new development provides adequate buffering as part of its design. The 1980 District 11 Plan which is currently in effect lists the following goals: — Maintain the present balance beriveen residential and commercial and industrial use. — Develop buffers to separate residential areas from commercial and industrial areas. — Confine through traffic to relatively few streets, treat others streets as local, resident serving streets. — When developing majar through streets, minnnize detriment to bordering land uses. — Fairview between Minnehaha and Pierce Butler should be de-emphasized as a through street and access form Fairview to Pierce Butler closed. (This pro}ect is south of the area referred to in this recommendation.) The site plan is not consistent with this finding but can be modified so that it is consistent: The existing driveways on Fairview must be closed to ensure that trucks use Prior Avenue to enter the site. Adequate visual and sound buffers must be provided. Applfcable ordinances ofthe City ofSaint Paul. Although trucking facilities are a pernutted use in an I-1 zoning district, the site plan is not consistent with this finding. However, it can be modified so that it is consistent: Page 3 of 9 1 �� ��-f 2 — The building setback on Fauview does not meet the min;mum required 3 setback and therefore must be increased from 6' at least 7'-5". 4 — The site plan shows two driveways to Fairview Avenue. Fauview is not a 5 truck route. The site has access to Prior Avenue, which is a designated 6 truck route. Therefore, the e�sting driveways on Fairview must be closed 7 8 9 10 11 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 45 46 47 48 49 to ensure that trucks use Prior Avenue. (c) — It is likely that without any noise mirigation, noise from trucks will exceed the maximum levels permitted by the Saint Paul legislarive code. Therefore, a noise study must be conducted to deternune whether additional noise mitigation is needed to ensure that the facility will comply with the noise ordinance and help determine the design and location of any noise mitigation tUat is needed. Preservation of unique geologic, geographic or historically sigrzificant characteristics of the city and environmentally sensitive areas. The site plan is consistent with this finding. The site is a paved pazking lot on industrial property and the surrounding azea is a residential neighborhood. (d) Protection of adjacent and neighboring properties through reasonable provision for such matters as surface water drainage, sound and sight buffers, preservation of views, Zight and air, and those aspects of design which may have substantial effects on neighboring Zand uses. The site plan is not consistent with this finding but can be modified so that it is consistent: The residents in the area have complained in the past about truck traffic on Fairview. The site plan calls for using the existing driveways on Fairview. This would increase the amount of truck traffic on Fairview. The driveways on Fairview should be closed so that all trucks must use Prior Avenue. There is enough room to the south of the exisring main building for trucks to get from Prior to the new building and trucks should be required to use this to minunize noise to the surrounding residential neighborhood. Noise from hucks on the site would have a substanfial effect on neighboring residentialland uses on Fairview and Minnehaha. A noise study by an acoustical engineer should be required to determine if noise barriers are needed and if they aze, how big they need to be and where they should go. JLT is talking about conshucting another building north of the truck transfer facility and this could act as a noise barrier if it was large enough and it was for a use that did not generate significant additional noise. (e) 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. Page 4 of 9 �� s 2 10 11 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 45 46 47 48 49 The site plan is not consistent with tlus fmding but can be modified so that it is consistent: — Traffic on Fairview Avenue is already heavy. Permitting the proposed truck facility to use driveways on Fairview would increase the amount of traffic and would unreasonably affect the residential neighborhood across the street. Therefore, the e�sisting driveways on Fairview should be closed so that trucks use Prior Avenue. �fl — The building is arranged so that most of the loading docks aze on the west side of the building and the building will block most of the noise from these docks from residents on Fairview. However, residents on Minnehaha will be hear noise from these docks unless noise barriers aze built. The building also has five docks on the north end of the building close to Fairview and noise barriers are needed for these docks too. Creation of energy-conserving design through landscaping and Zocation, orientation and elevation ofstructures. The site plan meets current standazds for energy conservation and is consistent with this finding. (g) Safety and convenience of both vehicular and pedestrian traff c 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. �) (i) Public Works staff has reviewed the site plan and deternuned that the plan, including use of existing the driveways on Fairview for the primary access to the truck facility, is safe and consistent with this fmding. The satisfactory availabiliry and capacity of storm and sanitary sewers, including solutions to any drainage problems in the area of the development. There is adequate sewer available. The applicant has not prepazed a detailed storm water drainage plan yet. The site plan is consistent with this finding if a condition is added that a drainage plan must be submitted to staff for approval. Sufficient landscaping, fences, walls and parking necessary to meet the above objectives. The site plan is not consistent with this finding but can be modified so that it is consistent: - Additional fences or wa11s must be constructed, if a sound study shows they are needed to block noise to neighboring houses. — There is no landscaping on the site now. The landscaping shown on the site plan should be increased by planting shrubs that grow at least 10' tall along the west side of the building. Additionallandscaping should be planted around the perimeter of the site where ever noise barriers are Page 5 of 9 �� required. The noise barriers should be setback 10' from the property line 2 3 to provide adequate room forlandscaping. 4 (j) Site accessibility in accordance with the provisions of the Americans with 5 Disabilities Act (ADA), including parking spaces, passenger Zoading zones and 6 accessible routes. 8 The site plan is consistent with this finding if one additional handicapped 9 accessible pazking space is provided. 10 11 (k) Provision for erosion and sediment control as specified in the "Ramsey Erosion 12 Sediment and Control Handbook " 13 14 The site plan does not show erosion or sediment control measures. A condition 15 for approval of the site plan should be that an erosion and sediment control plan 16 must be submitted to staff for approval. 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 45 46 47 48 49 WHEI2EAS, based upon the fmdings noted above, the Commission approved the said site plan subject to the following conditions: 2. 3. � Driveways. All truck traffic to this facility must use the south driveway on Prior Avenue and proceed via the area south of the main existing building. Truck traffic may not use Fairview Avenue. The two existing driveways on Fauview must be closed and replaced with curb and boulevard. Curb and boulevazd work shall be by permit. If other uses are proposed on the site that generate levels of traffic that will not negatively impact the adjacent residential neighborhood, the City would consider permitting reopening driveways to Fairview for these uses as long as the trucking facility did not have access to Fairview. Reopening driveways shall be by pernut. Hours. Hours of operation must be restricted to 7 A.M. to 10 P.M. Monday through Friday to protect the adjacent residenrial neighborhood. The facility may not operate on Saturdays or Sundays. Truck idling. Truck engines must be tumed off whenever riucks aze patked at the dock or on site waiting for more than 15 minutes to load or unload at the dock. Truck parking. Trucks may not stop or pazk on Fairview, Minnehaha or other neazby residential streets. (Public Warks says it can post signs where needed to help enforce this.) 5. Noise analysis and noise mifigation. A noise analysis must be done by an acoustical engineer. The acoustical engineer will be one agreed to by both the City and the applicant. The analysis will deternune the level of noise that could be anticipated from the facility. ff the noise analysis indicates that the faciliry without noise mitigation measures will exceed levels pernvtted under City noise regulations, sound mitigation measures must be constructed to ensure that the facility conforms to City noise regulations. Such sound mitigation measures must be in place prior to operations. If another building will serve as a sound barrier, the walls must be substantaally complete prior to operations. Page 6 of 9 1 �,��s z�{ 2 6. Lighting. E�terior lighting for the facility must be auned and shielded to m;n;mi�e glare 3 light and light spill over on to adjacent residential property. 4 6 7 8 9 10 11 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 45 46 47 48 49 7. Setbacks and landscaping. The setback on Fauview must be increased to 10 feet to permit enough room for landscaping to soften the appeazance of the building. The setback shall be planted and maintaiued with plant material approved by site plan staff and which will grow at least 10 feet tall when mature in order to form a continuous row along the entire east side of the building. � r� 10. Additional landscaping must be planted azound the perimeter of the site wherever noise barriers or visual screens aze required. The noise barriers or visual screens must be setback 10' from the property line to provide adequate room for landscaping. The existing chain link fence in these azeas must be removed. Storm water management. A storm water management plan must be submitted to staff for approval. Accessible parking. One addirional handicapped accessible parking space must be provided. Erosion control. An erosion and sediment control plan must be submitted to staff for approval. WHEREAS, pursuant to the provisions of Saint Paul Legislative Code § 64.206, JLT duly filed an appeal of the site plan approval on Apri123, 1999 and requested a hearing before the Saint Pau1 City Council for the purpose of considering the actions taken by the said commission; and WHEREAS, pursuant to the provisions of Saint Paul Legislative Code § 64.206 the Aamline Midway Coalition duly filed an appeal of the site plan approval and condiUons on May 4, 1999 and requested a hearing before the Saint Paul City Council for the purpose of considering the actions taken by the said commission; and WHEREAS, pursuant to the provisions of Saint Paul Legislarive Code § 64.206 the Northstar Chapter of the Sierra Club duly filed an appeal of the site plan approval and conditions on May 7, 1999 and requested a hearing before the Saint Paul City Council for the purpose of considering the actions taken by the said commission; and �VHEREAS, acting pursuant to Saint Paul Legislative Code §§ 64.206 - 64.208 and upon notice to affected parties, the Saint Paul CiTy Council d'ad on May 12, 1999, duly conduct a public hearing on these three appeals where all anterested parties were given an opportunity to be heard; and WHEREAS, the Council of the City of Saint Paul, having heazd the statements made and having considered the application, the report of staff, the record, minutes and resolution of the Zoning Committee and of the Saint Paul Plauniug Commission, does hereby; Page 7 of 9 i �l��Z� 2 RESOLYE, to affirni the decision of the Planning Commission in this matter in that 3 there has been no showing by any pariy appealing the decision of the Planning Commission that 4 it committed an error as to fact, finding or procedure; and be it further 6 RESOLVED, that the Council ofthe City of Saint Paul adopts as its own, the findings 7 and conditions in this matter as set forth in Planning Commission Resolution No. 99-27; and be 8 9 10 11 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 45 46 47 48 49 it further RESOLVED, that the Council of the City of Saint Paul, having heazd the statements made and having considered the application, the report of staff, the record, minutes and resolution of the Zoning Committee and of the Saint Paul Plauning Commission and acting in the capacity authorized in Saint Paul Legislative Code § 64.207, hereby modifies the decision of the Saint Paul Plamiing Commission by amending condition number 5 by adding a new condition number 5.1 (A - E) as well as adding additional conditions 11, 12, 13, 14 to conditions 1-10 as approved by the Pla.nning Commission in its resolution 99-27 dated Apri123, 1999. 5.1 Noise mitigation. Braslau and Associates conducted a noise analysis. Based upon this analysis, the noise analysis and noise mitigation conditions set forth under condition number 5 aze amended to require: (A) That construction of the "second building" contemplated by the applicant must be undertaken and substanrially completed before truck terminal operafions may begin. The second building is necessary to protect homes in the adjacent residential neighborhood from nighttime noise from hucking operations and to protect these residential azeas from direct and reflected noise from trucking operations. (B) That a second noise analysis conducted by an acousfical engineer agreed to by both the City and appiicant shall be conducted after the substantial completion of the second building and that before the truck terminal operations may begin, this second noise analysis must be submitted to the City for review to detemune whether any additional noise mitigation measures must be considered. (C) That any public address systems aze constructed and configured to eliminate public address noise from adjacent residential neighborhoods. 11 12. (D) Than any mechanical equipment not specifically analyzed must be constructed and configured to comply with the most restrictive applicable state or municipal noise standard in order to protect adjacent residential areas. (E) All other conditions imposed under condition nuxnber 5 shall remain in full force and effect. Mitigation on Minnehaha Sound mitigation will be incorporated into the site plan along Minnehaha Avenue. No entrance on Minnehaha Trucks using this facility must not enter or e�t the site from Minnehaha Avenue. Page 8 of 9 1 �'1 �l—�2� 2 13. Number of trucks The number of hucks entering the site must not exceed 45 per week. 4 14. Annual approval based upon site plan compliance. The site plan is approved for one 5 year. The site plan shall be renewable annually thereafter only after staff makes an 6 annual report on the operations at the facility to the plaiming commission and a finding 7 by the plauuing commission that the facility is being operated in compliance with the 8 conditions contained in the site plan. 10 11 12 13 14 15 FLTRTHER RESOLVED, that the appeals of JLT, Hamline-Midway Coatition and the Northstar Chapter of the Sierra Club be and aze hereby denied; and be it FINALLY RESOLVED, that the City Clerk shall mail a copy of this resolution to JLT, the Hamline-Midway Coalition and the Northstar Chapter of the Sierra Club, the Zoning Adtninistrator and the Saint Paul Planning Commission. � $�.`� �,�.rr•t.� � � � � �� l� t��� f�r�-�`-� \ OR1GiNAL By: Requested by Department of: By: Adopted by cil: ate Adoption ertified by Cou By: — Approved by Mayor: Date Form Ap ved by City Attorney $Y: �ffC.�� G-B-�� Approved by Mayor for Submission to Council By: By. � , \ ���-��_ �`t � �`�°�q AdoptedbyCouncil: Date � Adoptio eitiSed by Council � � e ' By: ., a._ �,,,.�,_—_ --�" Approved by Mayor: Date �t�t S?1-t June 8 DAiE INITipTED GREEN SHEET � � � f , • Ass�cx TOTAL # OF SIGNATURE PAGES oe.�n�r owECron arvwuca � ❑ anwnowar ❑ arcctcxK ❑ nuuxa�amneFSOai ❑ n�uxw.��rc ❑YYORryRIffi4lAIiI) ❑ (CLIP ALL LOCATIONS FOR SIGNATURE) Memorializing the decision of the City Council on May 12, 1999, denying the appeal of JLT 6roup to a decision of the Planning Commission approving a site plan for a truck facility at approximately 630 Prior Avenue North with conditions regulating access to the site, noise, hours of operation and other issues. PLANNING CAMMISSION CIB COMM{TTEE CIVIL SERVICE COMMISSION ISSUE, OF TRANSAMION S Why) Has this persoNfi�m ever xroriced under a coMrzct for fhia depaAment? YES NO Hasthis ye�soNfirtn evet been a dty employeeT YES NO Does this personlfirm possess a sldl� not iwrmallYD� M' any wrtent city emPloyee? YES NO is Mis perso�rm a farpetetl vendorT YES NO �lain all ves answers on senarate sheet and attach to areen shcet COST/REVENUE BUDGETED (CIRCLE ONE) YES NO SOURCE ACTIVITY NUMBER 3 �q -s�.�{ CI'I`Y �F SAIN'I` PALJj., 390 Ciry Halt Telephone: 612d66-8510 Norm Coleman, Mayor IS West Kellogg Boulevard Facsimile: 612-266-8513 Saint Paul, MN 55102 June 29, 1999 Council President Dan Bostrom and Members of the City Council 310 and 320 City Hall 15 West Kellogg Boulevard Saint Paul, Minnesota 55102 RE: Veto of Council File Number 99-52�: JLT Group Dear Council President Bostrom and Members of the City Council: I am returnin� to you, with my veto, Council File 99-524. This resolution unnecessarily puts the city and its taxpayers at sianificant risk of le�al liability. Some of the conditions in the resolution arguably go beyond the city's le�al authority in limiting JLT Group's right to develop its property. This would leave our residents on the hook to pay the costs of a' potential lawsuit and adverse verdict. The proposal by the JLT Group to develop industrial property at Minnehaha and Fairview in the Midway area has under�one a great deal of scrutiny by staff, residents, the Hamline- Midway Coalition, the Planning Commission and its Nei�hborhoods subcommittee, the Business Review Council, the City Council and especially Councilmember Benanav and his staff. The process has presented a challenge in balancing the ri�hts of the JLT Group to develop its property with the nei�hborhood residents' desire to be protected from noise and disruption. The resolution presented by the City Council is close to being a fair balance but severai modifications need to be made. Of the fifteen site plan conditions approved by the City Council four unreasonably restrict the JLT Group's ri�lit to develop its properiy. Specifically the restrictions on the hours of operation (condition 2), the limits on the number of trucks entering the facility (condition 13), and the annual approvai provision (condition 14), are too restrictive and place unreasonable hardships on the business. In addition, condition number three (3) control(ing truck idlin�, is not presently warranted accordin� to the noise analysis prepared by the acoustical en�ineer. I think these site plan conditions can be modified to all concerned and thereby eliminate any need to resort to the courts to resolve this matter. � �(q-Say Councii President Dan Bostrom and Members of the City Council 7une 29, 1999 Page Two I urge the Council to pass an effective compromise that will allow this important development to proceed while maintaining essential protections for the adjacent neighborhood. Sincerely, �JA- ��II�U� Norm Coleman Mayor NC:drm c: Saint Paul Plannin� Commission Members Business Review Council Members Robert Kessler, Director, License, Inspection and Environmental Protection (LIEP) Brian Sweeney, Director, Plannin� and Economic Development (PED) OFFICE OF Tf� CITY ATTORNEY Clayton M. Robinson, Jr., CiryAttorrsey �R -Sa.� CITY OF SAINT PAUL Narm Coleman, Mayor Civil Division 400 Ciry Hal( I S West Ke[logg Blvd Saint PauT, Minnesota 55702 Telephone: 651266�710 Facsimile: 657 298-5679 CiOEdPk.n �9."�,°: i��? t':�;'?or June 8, 1999 Nancy Anderson Council Secretary 310 City Hall 15 West Kellogg Blvd. St. Paul, MN 55102 ;,. + ..r.ar Re: Appeals by JLT, Inc., Siena Club - Northstar Chapter, Hamline-Midway Coalition. Zoning File No. 99-038 Council Action Date: May 12, 1999 Dear Nancy: Attached please fmd the signed original of a resolution memorializing the decision of the Saint Paul City Council to deny all the appeals in the above-entitled matter. Please place this mattei on the Council's consent agenda at your earliest convenience. If you have any questions, please don't hesitate to call. Very ly yours, � " ���'!✓�� Peter W. Warner Assistant City Attomey PWW/rmb Enclosure OFFICE OF LICENSE, TNSPECTTONS AND ENVIItONMENTALPROTECTION Robert Kets[er, Direc[or q�, -s ay CITY OF SAINT PAUL Norm Coleman, Mayor B UII DING INSPECI70N AND DESIGN 350 St Peter Srreet Suite 310 Saint Paut, Minnesota SSIO2-I510 Te[ephone: 612-266900] Facsimile: 612-266-9099 Apri127, 1999 Ms. Nancy Anderson City Council Reseazch Office Room 310 City Hall Saint Paul, MN 55102 Dear Ms. Anderson: I would like to confirm that a public heazing before the City Council is scheduled for Wednesday, May 12, 1999 for the following zoning case: Appellant: JLT Group File Number: 99-101 Purpose: Appeal of a decision by the Planning Commission to approve a site pian for a uucking faciliry with conditions regulating access to the site, noise, hours of operation and other issues. Location: Approxunately 630 Prior Avenue North I have confirmed this date with the o�ce of Counciimember Benanav. My understanding is that this public hearing request wili appeaz on the agenda of the City Council at your earliest convenience and that you will publish notice of the hearing in the Saint Paul I.egal I,edger. Please call me at 651-266-9086 if you have any questions. Sincerely, / !�-�✓✓� Tom Beach Zoning Section Vi':aiia:s � .. ^ -t ������'� � FmsrRUn� • MOTICEAF PUBLIC HEARIIVG The Saint Paul City Counci] wi7l conduct a public hearing on Wednesday, May 12, "1999, at 5:30 p.m. in the City Council Chambers, Third Floor, City Hall- Courthouse, to consider the appea] of JLT Group to a decision of the Planning Commission approving a site plan for a iruelflng facility at approximately 630 Prior Avenue North with conditions regulating �access to the site, noise, hourspf operaUon and other issues. Dated: Apri128, 1999 NANCYANDERSON ' Assistant City Council Secretary , - (Apr.3a) � s=====' ST. PAIIL LLGAL LEDGER'==s'== OFFICE OF LICENSE, INSPECTIONS AND FvWII20N�lEN'I'AL PROTECTiON Rabert Kessler, Director Qg -S a-�\ • � CITY OF SAINT PAUL '�� Norm Caleman, Mayor May 5, 1999 Ms. Nancy Anderson Secretary to the City Council Room 310 City Hall Saint Paul, Minnesota 55102 ZAFRY PROFESSIONAL BUIIDING Suite 300 350 St. Peter Srreet Sent Pau1, Minnesota SSIO2-I570 Telephone: 612-2669090 Facsr,ti[e: 672-266-9099 6I2-2669124 RE: Appeal of the Planning Commissions decision to approve with conditions a site plan review for the JLT/Dawes Trucking facility proposed for the southwest corner of Minnehaha and Fairview Public hearing at City Council scheduled for Wednesday, May 12, 1999 Zoning Files #99-101 and 99-107 Deaz Ms. Anderson: • PLANNING COMI'IISSION APPROVED THE STTE PLAN WITH CONDTTIONS On Apri123 the Planning Commission approved the site plan for a trucking facility at the southwest corner of Minnehaha and Fairview. The approval is subject to 10 conditions intended to minimize the impact of truck noise and tr�c on the residential neighborhood located across the street, including conditions that: — Prohibit truck access from Fairview Avenue and require them to use Prior Avenue — Limit hours of operation � — Limit truck idling — Prohibit truck parking on neazby streets — Require that the applicant pay for a noise study to help determine if noise barriers aze needed. (JLT hopes to have the noise study completed before the City Council meets.) The Neighborhood and Current Planning Commission and LIEP staff recommended approval with conditions. At the public hearing 17 people spoke in opposition and 10 letters in opposition were received. APPEALS HAVE BEEN FILED BY THE APPLICANT AND T'HE DISTRICT COUNCIL The applicant, JLT Group, has appealed rivo of the conditions attached by the Planning Commission. One of these conditions limits the hours of operations to between 7 AM and 10 PM Monday through Friday with no operations on Saturday or Sunday. The other condition requires that trucks must be turned off when they aze parked at the dock or when they aze on site for more than 15 minutes waiting to go to a dock to load or unload.. JLT says that trucking facilities aze a permitted use and that the nature of the trucking industry make tltese conditions impractical. The Hamline Midway Coalition has appealed the Plannina Commission's decision to approve the site plan. They say tha[ even with all of the required conditions, a trucking faciliry at this location will have a • negative impact on the residential property across Fairview and Minnehaha. They aze concemed about noise and air pollution from the facility. They feel that the conditions limiting hours and truck idling aze not enforceable. They are afraid that noise wilt be a problem even if the noise study being done says the facility will not violate City noise standazds. Please notify me if any member of the City Councit wishes to have slides of the site presented at the public hearing. Sincerely, , Tom Beach ATTACHNIENTS page 1 Appeals from JLT Group and Hamline Midway Coalition page 4 Planning Commission resolution page 10 Planning Commission minutes page 28 Staff report and recommendations page 33 Letters to the Planning Commission page 61 Noise information page 63 Truck route information page 65 Location map and site plan � r � L.J _Apr-26-99 10:54A Constructors and Assoc. 651 848-0783 SAIKT s�di � ��AA APPLICATION fOR APPEAL Departmenl ujPlarsning a1�d Economic Develnpmertl Zoxii�g Section 1100 Cily Ha11 AnxeY ZS 6'es1 Fourdt Street Saint Pau7,14f.�'SSIPZ 266-5589 APPELLANT ►Yame 3 '+-� G Address `: Q V�--'�`'"" �'a ��' V�.�._.-� CityS� 3�- �Q St.�Zip paytime phone t�RQPERTY Zoning File Name_^�-� �� /�M'Rj � ""'� - LOCAT{oN A���ess/LOCation �iwh�'.��s � �►SQr TYPE OF APP�AL: Application is hereby made for an appeal to the: CJ Board oS Zoning Appeals �City Caunci! u�der the provisions of Chapter 64, Section ��. Paragraph of #he Zoning Code, to appeal a decision made by the_ ��tM� '-��•��'��"` +��27� q , 19 File number. � �� on -- (dafe of dQCision) GftOl]NDS FOft APPEAL: �xplain why you feel there ha5 been an error in any requirement, pErmit, decision or refusaf made by an ad a o the Plan n Comm ssion fact, procedure of finding made by the Board of Zoning App 9 �.�: � �-�� � �"�� �"�� � c��� Attach additional sheet if P_02 ���'� • • Applicani's signaturs� — Pate `E' City agent • � • n U rwr. �.is��� ic�:�sar•i HHIILIMEiMIDb1HY � ��� t�'0.237 P.1 a��s�� q���d7 HA.MLINE 1V��DWAY CQA�,IT�QI�.� Ham�utePazkPlaygroundBwldi¢g � 1564L�iondAcenue,SaintPaul,DiY551Q4 • -6?G-i9sG • -641-6t23 May?,1999 —� — — — �--- — Councilmember Daniel Bosirom St. Paul Ciry Covnci? 1� W, Kelloga Blvd. St. Paul, Iv1�i 155102 Dear Councilmember Bos�rom: On behalf of the neighbors Iiving in tlte area surroundina F.airview and � iviinnehaha Avenues, the Hamline IvTidway Coalitiori Board of birectors wishes to appeal the Planning Cominission's April 23, 1999 appro�al of the jI,T/T)awes Truckinb faality siCe plan. The proposed truck transfer fariiity is an incompatible land use with respect to the residential area direcfly east and north of the siEe. In approvulg Ehe site plazt, tIze Planning Commission was mandated to follow St. Paul Zoniag Code �62.103 (c) conceming Site Plan review and approval, Said Code staee5: • "In order to approve the site plan, Ehe Plazu Contu'ussion sltell consider and fznd that the sit� plan is consiseent with... (4) Protection of adjacent and neighbocing properties through reasonable provision for suclt maEters as surface tivater drainage, sotuld and sight btiffezs, preservafion of views, light ai�d air, and those aspec�.s of design which may have suUstan�ial effect on nei�hboring land uses." The Planning CommiSSion recoo ized rhe significant ad�erse impact of the proposed truck transfer facility on tlie neighborhood and placed ten (10) candiEions on its resolution of approval to easz these effects. However, it erred in approving tfie plan because neighboring properties and residents wili not Ue protecEed and wiIl be negaHvely impacted �vith regard to these important factors. 1) 'I'he area arowld Ivinlnehalla and �airvzew curren1y has an elevated air pollurion index as a result of: a) uldustry to the immediaEe south, west, and northwest; b) �eavy truck and other vehicular tra`8c bn several nearby major streees and thoroujhfares; and, c) the Burlin,o-,ton Vorthem-Santa Fe Railroad Intermodal facility, located five (5) b1oc1<s nortll of tne site. The proposed facility will generate considerable smaIl truck and semi-tiuck traffic and idling. Both Ehe gasoline and the diesel fuel will increase the air poIIu!ion index and, consequently, presenE more of a healtlz hazard Htian the present air quaIity. In its resolution, the Commission placed a 15-minute lir_ut on t�uck idling, but #his condition is not consistently enforceaUle. Dedicate�lla muwin� ll�e Nuntlane daidmc�y ne��hborbeoct a 6e.Ke�• plrrce to ln�e ancl wark, �.�m 2 iHf. �.1:55 1���2EPM Hr+MLINEihIIuW�IY No.237 P.2 • Councii Pmsident Dan Bo<_hom �1ay 4,1999 Pa�e 2 Fe: 2F �99a3S 2) Accordin� Ya the manager oF Dawes Tzucldng, semi-trucks from aut-of-state wili arrice at all �nes oE day and ni;11e and be allowed to enter the sitz at anytime, including night-time. The noise of trucks arriving a#ter the approved hours of operation--between 7:00 a.m. and 1d:Od p.m.—and the possible running of their motors, is certain to affect neighbors. xhe testimony of Dawes Trucking representatives and the impossibility of canstanh enforcement defies the viability of this condition. 3) Durino the approved hours of operaf�an (7:00 a,m. - lO:QQ p.m.), noise from truck traffic, engine idling, back-up beepers and air brakes is of great concexn to fhe neighborhood. The Plaruung Commission required the applicant to conduct a noise study to deterr.une if JLT w-ill Ue requixed to build a sound barrier. Residents are concerned fihaE if the sfudy does not proc� concl¢sivety that noise miHgation measures must be tal<en, the noise will necerLheless be an on-going nuisance to the nei�hbors. I�1 passing the site plan, the Plannin� Commission failed to ensure compatibiliEy of this plan tivith neighboring residents. For the above reasons, we ask that the City Council accept and hear our appeal. We oppose the site plan because we Uelieve that the operation of the JLT/Dawes truck h�ansfer facilifiy is incompatiUle with the residential neighborhood to the immediate north and east of the siEe. 4�%e Iook forward to hearing from pou conceming our request. Please conEact me or Cathy Lue, I�MC commtuuty organizer, at (651) 646-1986—phone; (651) 641-67.23—fa.�c. Sincerely, ��� �� Jod.i M. BanClep Executice Director /jmU cc: Councilmembet Jay Benanav Councilmember Jerzy Blal<ey Tom Beach, LIEP Gladys Morton, Planninb Commission �� u 3 �q ,sa� � city of saint paul planning commission resolution fite number 99-27 date Apri1 23, 199 �VF�REAS, JLT GROUP, file �99038, has submitted a Site Pian for review under the provisions of Section 62.103 of the Saint Paul Le�islative Code, to allow a trucking facility on the west side of Fairviecv Avenue, % block south of Ivfinnehaha Avenue, le�ally described as Section 33 To�vnship 29 Range 23 except avenues the norch 561 33/100 feet of northeast I!4 of northwest 1/4 of Section 33, Township 29 Range 23; and `VHEREAS, the Saint Paul Planning Commission, on 03/26/99, held a public hearing at �vhich all persons present were given an oppoRunity to be heard pursuant to said application in accordance with the requirements of Section 62.103 of the Saint Paul Legisfative Code; and `VHEREAS, the Saint Paul Planning Commission, based on the evidence presznted at the public hearin� as substantially reflected in the minutes, made the foltowin� findin�s of fact: • l. Dawes Trucl:ina The truck transfec faciliry would be built by JLT and operated by Dawes Tnickin�. Dawes would brin� a variety of goods to the site from local businesses using smaller city trucks. The goods �vould then be consolidated inside the building and toadzd onto semi-trailers and shipped out of state. Da�ves currently operates out of a buildin� located in Roseville. Ho�vever, this building is too small and Da�ves �vants to move to get more room 2. Proposed operatio❑ John McDaniels, the owner of Dawes Trucking, described the proposed operation to staff, includina the hours of operation and thz number of trucks: Hours of operation - The facility would be open Monday throueh Friday. It would normally be closed on weekends although occasionally there would be an individual truck on weekends. - During the week the facility woufd open at 7A�1. Tuesdays and Fridays are the busiest days and the facility would normally stay open until midni�ht on those niehts. On Monday, Wednesday and Thursday the facility wou(d cfose at 8 or 9 P.M.. y - Peak hours are late afternoon (3 to 6 P.MJ • moved bv Faricy seconded bv in favor 14 (2 abstentions Dandrea, Donnelly-Cohen) against � ZF �99038 Pa�e 2 of Resolution Number and types of trucl:s — There wou(d be approsimately 35 semi-trailer trucks a�veek takin� frei�ht out and another 10 semi-trailer trucks brin� frei�ht in. (On Tuesday and Friday when they are busier, there «�oufd be 10 semi-trailer trucks a day. On bfonday, �Vednesday and Thursday there would be fe�ver semi-trailer trucks. — There would be 6 to 8 smaller local trucks a day Ivlonday thru Friday. These trucks would [eave in the morning, pick up or de[iver goods [oca(ly, and retum in the afrernoon. — The lar�e traifers rypically take 3 or 4 hours to toad. However, a traiter may site at the dock for a day or tw�o until it is picked up. The truck engines would be tumed off and would not run whi[e the trucks are parked. Electrica( hook-ups for engine heaters would be provided in the winter. If trailers wi(I be parked for more than a few hours, the tractor is unhooked and leaves the site. — Some of the semi-trailers wouid have refri�erator units. However, Dawes wou[d not 6e handlin� perishable good such as produce and so tucks with refri�erator units would not run them while they were at the site. — There would not be any fuelin� stations or main[znance shops on site. • Existing operation Staff visited Dawes current location in Roseville rivo times and observed the FOI IOR7Ro: — On Thursday, March 11 at 4:00 PM there �vere 10 trailers parked at dock doors and additional trailers parked on the site away from the buildin�. (These trailers did not have any engines • ranniag.) There was oae tr¢ck backina up to a dock and in the aext 15 minutes nvo more trucks arrived on site. (These trucks had their en�ines runnin�.) — On Monday, March 2� at 8:00 thz business �vas closed. There were approximately 10 trailers parked at dock doors and other trailers parked oa the site away frorri ihe buildin�. One parked truck was runnin� and had its li�hts on. 4. The site plan The plan shotivs a 27,740 square foot building. Ii tivould be 294' long oa the side facin� Fairview and 93' deep. It woufd be 28'-5" talL The buitdin� would have a small ofFice on the south end but most of the building �vould be for storin� and handling goods. The building would have 21 overhead doors for laroe trucks on the west side (facin� ativay from Fairview) and 5 doors for smalfer, local trucks on the north side (these woufd be visible from the street). Access would be provided using rivo existin� driveways on Fairview. The site also has access from an existing driveway on Prior. Reqnired findinas Sec[ion 62.108(c) of the Zonin� Code says that in "order to approve the site plan, the plannin� commission sltalf consider and find [hat the site plan is consistent with" the fol(owin�: (a) The city's aclopted comprehensive p1ar: and developmznt or project plans for sub-areas of the city. Thz 1930 Ciry' �Vide Land Use Plan that �vas in effec[ «hen this project was submitted to the City for site plan revie�v says: . s �� - s a' ZF �99038 • Pa�e 3 of Resolution - The City should Encoura�e conditions which allow the mixing of appropriate light industry with housin� and commercial activities. - In cases of incompatible land use, the City will use the techniques listed above wherever possible to create or improve existin� buffers behveen land uses. [The techniques referred to include landscapin�, berming or fencin� perimeters and maintainin� buildin� exteriors to comp(ement adjacent land uses.) — The City will ensure throu�h it site plan review requirements that all new development provides adzquate bufferin� as part of its design. The 1930 District 11 Plan which is currently in effect lists the followin� goats: — bfaintain [he present balance beriveen residential and commerciaf and industrial use. — Develop buffers to separate residential areas from commercia( and industrial areas. — Confine through traffic to relativefy few streets, treat others streets as local, resident serving streets. — �Vhen developing major throu?h streets, minimize dztriment to borderin� land uses. — Fairview behveen Minnehaha and Pierce Butler should be de-emphasized as a through street and access form Fairvietiv to Pierce Butler c(osed. (This project is south of the area referred to in this recommendation.) The sire plan is not consistent with this findins but can be modified so that it is consistent: • — The esisting driveways on Fairview must be ctosed to ensure that trucks use Prior Avenue to en[er the site. — Adequate visual and sound buffers must be provided. (b) Applicable ardinances of the City of Saint Patrl. Althou�h truckin� facilities are a permitted use in an I-I zoning district, the site plan is not consistent with this findin�. However, it can be modified so that it is consistent: — The building setback on Fairview does not meet the minimum required setback and therefore must be increased from 6' at least 7'-5". — The site plan shows hvo drive�vays to Fairview Avenue. Fairview is not a truck route. The site has access to Prior Avenue, �vhich is a designated truck route. Therefore, the existing driveways on Fairview must be closed to ensure that trucks use Prior Avenue. — It is likely that without any noise miti�ation, noise from trucks �vill exceed the maximum feve(s permitted by the Saint Paul Iegislative code. Therefore, a noise study must be conducted to determine whether additional noise miti�ation is needed to ensure that the faciliry will compfy �vith the noise ordinance and help detertnine the design and location of any noise miti�ation that is needed. (c) Preszrvation of unique geologiq geographic or historically signrftcant characteristics of the city and environmentally sensitive areas. The sitz plan is consistent with this findin�. The site is a paved parkin� tot on industrial • ZF 99038 � ZF #99033 Page 4 of Resolution property and the surrounding area is a residen[ial neighborhood. (d) Protectian of adjacent and neighboring properties through reasonable pravi,rion for such matters as surface water drainage, soz�nd and sight buffers, preservation of views, light and air, and thase aspects of clesign which may hme substantia! effects on neighbaring land uses. The site plan is not consistent �vith thi; findin� but can be modified so that it is consistent: — The residznts in the area have complained in the past about truck tra�c on Fairview. The site plan calls for using the existiag driveways on Fairview. This uoald increase the amount of truck traffic on Fairview. The driveways on Fairview should be closed so that all trucks must use Prior Avenue. There is enou�h room to the south of the existin� main building for trucks to get from Prior to the ne�v buifdin� and trucks should be required to use this to minimize noise to the surroundin� residential neighborhood. — Noise from trucks on the site �vould have a substantial effect on neighboring residential land uses_on Fairview and Minnehaha. A noise study by an acoustical en�ineer should be reqaired to determine if noise barriers are needed and if they are, hocv big they need to be and where they should go. JLT is talking about constructing another building north of the truck transfer facitity and this could act as a noise barrier if it �vas (arae enough and it was for a use that did not generate significant additional noise. � • (e) The arrangement of bc�ildings, :�ses and facilities of the proposed development in order to assure � nbutting property ancUor its occ:rpants tivi11 nat be zmrecr,ronably affected The site plan is not consistent �vith this findina but can be modified so that it is consistent: — Traffic on Fairview Avenue is already hear,y. Permittin� the proposed truck facility to use driveways on Fairview would incrzase the amount of traffic and would unreasonably affect tlie residential neighborhood across the street. Therefore, the existing driveways on Fairview should be cfosed so that trucks use Prior Avenue. — The buildins is arranged so that most of the loading docks are on the ��est side of the baildin� and the buiidin� will block most of the noise from these docks from residents on Fairview. However, residents on Minnehaha will be hear noise from these docks unless noise barriers are built. The buildin� afso has fice docks on the north end of the building close to Fairview and noise barriers are needed for these docks too. (� Creation of energy-eonserving design through landscaping ancf location, orientation and elevation ofstruch�res. The site plan meets current standards for eneray conservation and is consisten[ with this finding. (g) Safety nnd com�enience of both vehiczrlar and pedestrian traffic bath within the site and in relntiof: to access streets, including traffic circulation features, the locations ancf design of entrances and exits ar:d parkir:g areas within the site. Public l�,'orks staff has revie�ved t(�e site plan and dztermined that the pfan, inc[uding use of existing the driveways on Fairview for the primary access to the truck facility, is safe and • consistent with ihis findin�. 7 q g�- sa� ZF k99038 • Pa�e 5 of Resolution (h) The satisfactory availability and capacity ofstorm and sanitary sewers, incZuding solutions to any drainage problems in the area of the development. There is adequaie sewer available. The applicant has not prepared a detailed storm water draina�e plan yet. The site plan is consistent with this finding if a condition is added that a draina�e plan must be submitted to staff for approval. (i) Sz�cient landscaping, fences, walls and parking necessary to meet the above objectives. The site plan is not consistent with this findin� but can be modified so that it is consistent: - Additional fences or walls must be constructed, if a sound study shows they are needed to block noise to neighboring houses. — There is no landscaping on the site now. The landscaping shown on the site plan should be increased by plantin� shrubs that grow at least 10' tall along the west side of the building. Additional landscaping should be planted around the perimeter of the site where ever noise barriers are required. The noise barriers should be setback 10' from the property line to provide adequate room for landscaping. Q) Site accessibility in accordance with the provisions of the Americans with Disabilities Act (ADA), inclt�ding parking spaces, passenger loading zones and accessible rozrtes. • The site plan is consistent �vith this finding if one additional handicapped accessible parking space is provided. (k) Provision for erosion and sediment control ns specified in the "Ramsey Erosion Sediment and Control Handbook. " The site plan does not show erosion or sediment control measures. A condition for approval of the site plan should be that an erosion and sediment control pfan must be submitted to staff for approval. NOW, THEREFQRE, BE IT RESOLV ED, by the Saint Paul Planning Commission, that under the authority of the City's Le�islative Code, the appfication for Site Pfan Review to establish a trucking facility on the west side of Fairview Avenue,'/: block south of Minnehaha Avenue is hereby approved, subject to the following conditions: I. Ariveways All truck traffic to this facility must use the south driveway on Prior Avenue and proceed via the area south of the main existing buildin�. Truck tra�c may not use Fairview Avenue. The two esistin� driveways on Fairview must be closed and replaced with curb and boulevard. Curb and boulevard work shall be by permit. If other uses are proposed on the site that generate levels of traffic that will not ne�atively impact the adjacent residentia( neighborhood, the City would consider pzrmittin� reopenin� driveways to Fairview for these uses as lon� as the trucking facility did not • have access to Fairvietiv. Reopening driveways shall be by permit. �� ZF #99038 Page 6 of Resolution 2. Hours Hours of operation must be restricted to 7 AM to 10 PM Monday through Friday to protect the adjacent residential neighborhood. The facility may not operate on Saturdays or Sundays. 3. Truck idling Truck en�ines must be turned aff �vhenever trucks are parked at the dock or on site waitina for more than 15 minutes to load or unload at the dock. 4. Truck parking Trucks may not stop or park on Fairview, Minnehaha or other nearby residential streets. (Pubfic Works says it can post signs cvhere needed to help enforce this.) 5. Noise analysis and noise mitigation A noise analysis must be done by an acousticat engineer. The acoustical engineer will be one agreed to by both the City and the applicant. The analysis will determine the [evel of noise that could be anticipated from the facility. If The noise analysis indicates that the facility without noise mitigation measures will exceed leve(s permitted under City noise regulations, sound miti�ation measures must be constructed to ensure that the facility conforms to City noise regulations. Such sound mitigation measures must be in place prior to operations beginning at the facility. If walls or fences will act as sound barriers they must be in place prior to operations. If another buildin� wilf serve as a sound barrier, the walls must be substantially complete prior to operations. • 6. Lighfina Exterior ti�htia� for the faciliry must be aimed and shielded to minimize glaze light and li�ht spill over on to adjacent residential property. 7. Setbacl:s and landscaping The setback on Fairview must be increased to 10 feet to permit enou�h • room for landscaping to soften the appearance of the buildin�. The setback shall be planted and maintained with plant material approved by site plan staff and which will grow at least 10 feet tall when mature in order to focm a continuous row alon� the entire east side of the building. Addi[ional landscapiag must be planted around the perimeter of the site where ever noise barriers or visual screens are required. The noise barriers or visual screens must be setback 10' from the property line to provide adequate room for landscaping. The esisting chain link fence in these areas must be removed. 8. Storm water management A storm water management plan must be submitted to staff for approval.. 9. Accessible parl:ing Oae additional handicapped accessible parking space must be provided. 10. Erosion control An erosion and sediment control plan must be su6mitted to staff for approval. 1\Pedlsys2\SHA RE DIBIRKHOLZ�PLANN ING\RES O LU"C�ILTResolution.wpd � 0 �� -�a� Saint Paul Planning Commission Ciri' Hall Conference Center 15 Kellogg Boulevard West A meeting of the Plannin� Commission of the City of Saint Paul was held Friday, Apri123, 1999, at 830 a.m, in the Conference Center of City Hall. Commissionen Present: Commissioners Absent: Mmes. Donnelly-Cohen, Duarte, Engh, Faricy, Geisser, McCall, Morton, Nordin and Messrs. Corbey, Dandrea, Field, Fotsch, Kramer, Mardell, Nowlin and Shakir. Messrs. Gervais, *Gordon, *Johnson, Kon„ and *Margulies *Excused VI. Neighborhood and Current Plannine Committee JLT Group Site Plan for a truckin� facility on the west side of Fairview Avenue, % block south of Minnehaha Avenue -(Tom Beach, 2b6-9086, LIEP) Commissioner Faricy reported that the committee met last Tuesday to review the site plan for Dawes Trucking Company, located on JLT property in the Midway. The Committee came up with a unanimous recommendation for the Planning Commission. MOTION: Commissioner Faricy moved approval ojthe requesred sire plan, subject to the fol[owing ten conditions: Drivewavs Al! truck traffiC to this jacility must use the south driveway on Prior Avenue and proceed via the area south of the main existing building. Truck traffic may not use Fairview Avenue. The !wo existing driveways on Fairview must be closed and replaced with curb and bou[evard Curb and boulevard work shall be by permit Ijother uses are proposed on the site that generate leve[s of traJfic that wi11 not negatively impact the adjacent residential neighborhood, the Ciry wou[d consider permitting reopening driveways to Fairview jor these uses as long as the trucking facility did not have access to Fairview. Reopening driveways shal! be by permit. 2. Hours Hours of operation must be restricted to 7A��1 to 10 PMMonday through Friday to protect tlee adjacent residential neighbo�hood Thefacility may not operate on Saturdays or Sundays. 3. Truck idling Truck engines must be turned off whenever trucks are parked at the dock or on site waiting for more than 15 minutes to load or unload at rhe dock. 4. Truck parking Trucks may not stop or park on Fairview, Minnehaha or other nearby � 7 • • �0 � t ct � - �S �-�i . residential streets. (Public Works says it can post signs where needed to help enforce this.) 5. Noise analysis and noise mitigation A noise analysis must be done by an acoustical engineer. The acoustical engineer wi!! be one agreed to by both the City and the applicant The anaZysis wi!! determine the level of noise that cou[d be anticipated from the facility. If the noise analysis indicates that the facility without noise mitigation measures will exceed levels permitted under City noise regulations, sound mitigation measures must be consiructed to ensure that the faci[iry conforms to Ciry noise regulations. Such sound mitigation measures must be in p[ace prior to operations beginning at the facility. If walls or fences wi!! act ar sound barriers they must be in place prior to operations. If another building wi[I serve as a sound barrier, the walls must be substantially complete prior to operations. 6. Lighting Exterior lighting for the facility must be aimed and shie[ded to minimiZe glare light and light spill over on to adjacent residenlial praperty. 7. Setbacks and landscaping The setback on Fairview must be increased to IO feet to permit enough room for landscaping to soften the appearance of the building. The setback shall be p[anted and maintained with plant material approved by site plan staff and which wi!! grow at least IO feet tall when mature in order to jorm a continuous row along the entire east side of the building. • Additional landscaping must be planted around t/te perimeter ojthe site where ever noise barriers ar visual screens are required The noise barriers or visual screens must be setback 10'jrom the property line to provide adequate room for landscaping. The existing chain link jence in these areas must be removed 8. Storm water management A storm water management plan must be submitted to staJf for approval. 9. Accessible parking One additional handicapped accessible parking space must be provided 10. Erosion control An erosion and sediment contral plan must be submitted to staffjor approval. Commissioner Nordin asked if the City would require JLT Group to come back for another site plan review if they decide to build the other building somewhere else on the site. Mr. Beach responded that they would. Commissioner Nordin commented that it is very difficult to control where the trucks park when they arrive afrer the site closes at 10 p.m. She asked if it might be possible to ask the truckers to park in a designated area in the rear of the site to idle their trucks. Ivir. Beach stated that it is his understandin� that the applicant would be a�reeable to desionatin� some spots down by Prior behind an existing buildin�. NIOTIOti Commissioner Nordin moved to add under the 4"' condition that the owners • establish an area of truck parking in the secluded southwest corner of the site jor early truck � I1 � ,ii r% ;i :� arrival; Commissioner Geisser seconded the motion. Commissioner Faricy informed the Commission that such a discussion took p(ace at the committee meeting and it was her recollection that they decided to leave that issue to ttte discretion of the Departmeat of License, Inspection and Environmental Protection and the owner to figure out a legitimate, logical place for them to park. Commissioner Geisser encouraged other commissioners to add their ideas. Commissioner Faricy added that some of these trucks will be coming in al( ni�ht long. Talking with a trucker, she found out that truckers must keep a log. They can drive for 10 hours strai�ht; then they have to be ofFthe road for 8 hours. If they drive 70 hours in seven days, they have to take 24 hours off: There is no question that these trucks will come and go at different hours. Many of these truckers are individual corporations. We will need to do something about these trucks or they will be lined-up on Prior, idling. Perhaps, afrer the noise analysis, something can be set up. Commissioner Fotsch realizes that if these trucks come in at different times, they will need to go somewhere. His concem is that if any of them aze allowed to come in, the hour requiremeni is eliminated. Once they get to the site, iYs another intrusion into the neighborhood. There aze many truck stops around the Interstate. He thinks they should be required to time their arrival into the site when it's open. He does not support the amendment. Commissioner Nordin stated that the reason why she is bringing pazking on-site to the table is because of her experience of living in the city. In the Northwest Quadrant where she lives there is a �Vards Distribution Center on the southwest comer of Snelling and Como. The owners of a handful of houses near there have done everything possible to try to get the City to help them, but there is no way to control the truckers. They come and go as they p]ease. The diesel's need to run in our cold climate. All the streets around the Wazds azea aze signed for no pazking after 10 p.m. and before 6 a.m., but the residents are constantly calling the police tellin� them that there are trucks pazked violating the law. Commissioner Faricy asked if Commissioner Nordin would go along with aliowing LIEP to make that decision with Dawes Trucking. Commissioner Nordin agreed to add that to the amendment. Commissioner Corbey asked Mr. Beach if the truckers will be empioyees of Dawes Trucking or independent operators in order to establish responsibility. Mr. Beach believes the truckers aze not employed by Dawes Truckin�. Commissioner Corbey thinks the Commission needs to adopt some type of motion that will cover these truckers, because if they're not employees of Dawes, they will be running wild. Commissioner Kramer appreciated the intent of the motion, but he feels that the Committee has put together a good resolution and he doesdt want to further complicate the issue. The nei�hborhood hasn't talked about the issue of a designated place for the truckers to idIe and the committee didn't address it. He said he was uncomfortable with trying to craft a statement today, about where the trucks wiil be allowed to id(e on-site without havine the appropriate � • • • )2 a�-Sa�t discussions. He sTated he is a�ainst adopting this amendment. If that decision is delegated to staff (LIEP), it eliminates any public involvement in that decision. Ma} be that's something the Commission wants to do, but that issue has not been addressed, and Commissioner ICr • not comfortable with inserting ii in as a condition. amer is Mr. Beach responded about the comment that if LIEP handled this issue, there would not be any chance for neighborhood input. He suggested that the amendment could be would detennine the truck idling area in consultation with the district co¢ncit. He added LIEP did phrased that LIEP make a decision about where the trucks could park and someone didn't ao �at if the decision could be appealed. o ree with it, Commissioner Nordin suggested different Ianguage for the amendment: The owr�er shall coordinate with LIEP and the district councii to establish a designated idfe area for afrer hour truck parking. The idle area shall be marked with adequate signage. Commissioner Geisser accepted the change in language. Commissioner Now]in stated that he wil( go along with the Committee recommendation, but he is still troubled by the bigger picture here. It is his understanding that the Commission is looking only at the site plan review because the zoning authorizes this use. This property is located on the edge of an industrial area that has had many trucking concems. It is a big chunk of land, and this is a very Iow intensity use, in his opinion. It's obvious that this use could create a problem. He wonders if the Committee got assurance that this use was " �� • area or did they make the assumption that, based upon zoning, they had to 0o with it. OK m this Commissioner Faricy responded that the Committee did look at the situation and the did the decision based upon the zoning because this site is zoned I-1. Y make • Commissioner Kramer asked for clarification on the amendment. Was it that there shall be this facility for parking on the site or that it wili exist if they can work it out? Commissioner Nordin replied that the amendment is intended to say that LIEP, the owner, and the district council shall discuss and determi�e whether ihere would be a designated "idle" area. If they agree to put one on-site, then the idle area shall be marked with adequate si�nage. Mr. Warner stated that it's good to invo(ve the district planning counci! if this altows for closer contact with the neighbors and their concerns. He asked Commissioner Nordin if, impl;c�t;n her motion, she was g�ving the district counci! some sort of veto authori Nordin replied that he is giving the neighborhood the option of having the trucks park ty. Commissioner anywhere they want on the street and having residents make phone calis to the police because the truckers are not followin� the signage or settling for the trucks to park on a certain of the site that would be the least disruptive to their residential neighborhood. respoaded that, with respect to zoning, the authority to zone is vested in the City and the ortion Planning Commission in their advisory capacity. It can't o an Mr� Warner exclusively, has the authority to decide the conditions, etcg If the mot on s t make sur t at the ❑eighborhood district council is involved in the process, thars great. If it is anythin� that, it would be an improper delegation of the City's zonin� authoritv. o more than CommissionerNordin asked ifthis issae coWd be delayed fortwo weeks, The Commission b' • �� � responded that it could not. Commissioner En�h spoke against the motion because: 1) it undoes the conditions in #3, #4 and #5; 2) there are a host of conditions already imposed; and 3) there's a dirth of knowiedge on • what the noise mitigation is going to be. She appreciates the motion because it's seems to be trying to contemplate some practical reality, but on the other hand, there's a gap of information the Commission is not even going to know. She also feels the motion is micro mana�ing what the staff is going to have to determine at a later date. Staff needs to have the leeway to implement all of these conditions, which she thinks are fairly restrictive and should be, considering where the property is. Commissioner Faricy called the question. Commissioner Nordin withdrew her motion to amend. Commissioner Faricy withdrew calling the question. Commissioner Field asked if the Commission acts today on the motion as it stands, can it come back at a later time, if the problem exists, and modify the site plan to permit such an "idling" area, if there's a human cry. Mr. Wamer replied that the Commission could do that. Certainly, if it appears in the future that the conditions are not being abided with, the City has a number of legal tools that it could take advantage of to bring a cause of action. Commissioner Field asked if, afrer the City undertook some type of enforcement proceedin�, could the Planning Commission modify the site plan to accomplish what Commissioner Nordin su��ested. Mr. Wamer replied that it all depends on the outcome of the enforcement action that City brings. Commissioner Field asked if the applicant, in this particulaz case, determined, that in light of police calls, it would make more sense to estab(ish a parking spot on their property for truckers • to park, could they then apply for a revision of their site pIan, which woald then be subject to staff and eventually, Planning Commission review. Mr. Wamer replied thac they probably could not. It is their property; it's a permitted use. If they wanted to establish a parking azea, it probably wouldn't require any City review. Commissioner Nordin asked if a legal recourse was the only recourse the neighborhood might have if there is a probtem in the future. Mr. Wamer responded that the City has a variety of tools that it could exercise, legaliy, to address the problem on-site, if there are problems and complaints are made. The nei�hbors have the option of a number of legal theories they could apply. Commissioner Corbey, referrin� to the letter received from the JLT Group, stated that they proudly say that they own approximately 2 squaze feet in the Midway area. He asked if the Planning Commission could suggest that they allow the truck parking for Dawes on other property owned by JLT, perhaps at 739 Vandalia Street, in order to sett(e this situation. Mr. Warner replied that it could. Commissioners Dandrea and Donnelly-Cohen abstained from the discussion and also from the vote. � � !'f �g - s a`t The motion on the floor to approve Ihe requested site plan with conditions carried on a roll ca!! vote (Dand�ea ¢nd Donnelly-Cohen ¢bstaining), • �• Communications Commitfee Commissioner ICrar�er reported that the Committee is waiting for the first draft of report from the City desi�er. the annual �- Task Force Repo� Advertisina Si n Committee Prelimina n' Re ort -(La�, Soderholm, 266-6575) Commissioner Field reported that the task force held a it was moved to lay the matter over in its entire meeting one week ago, Thursday, where known, regarding the use of amortization. � until the outco me of pe�ding legislation is Commissioner Engh, referr�ng resolution to adopt the Saint to the following provision in the recentl on it vis-a-vis state law that wou d�o err r e an ecial District Si y p�sed City Council gn Plan, asked what is the timing y sort of study on the use of amortization: RESOLVED, that the Council requests that the Plannino back to the City Council within six months as to the use of amortiz 4on for e bi(Iboards in the Saint Anthon Park, and report Specia( Sign Districts and as to the a Grand Avenue, Smith Avenue and mOVal of ppropriate amortization eriod Hl°h�a�d Village Mr. Ford res p for such uses; • ponded that in the City Council's adoption of that the amorti2ation provision was eliminated. Mr. Ford asked Mr. Soderholm if there was an Mr. Soderholm replied that the Planning Commission's report wili consist of hvo sentences if the law is y��er clarification on the study. with regards to nd make rts ci�ement for the Plannin� Counci( approved the resolution to have a s o Commissio to finish its work ty-wide rec ommendations. He added that the City following up with an ordinance amendmentth k,;i�n district for District 12, M W the four readings, and also requires a public hearin go before the Ci rner is already says the g but it will do exactly�vhatithe�re ol � nugh y are on record as S�pporting. Mr, W�er believes that ordinance next Wednesday's agenda for third reading, wi11 be on Commissioner Field elaborated that there is a petition circulating involvin nuisance as reflects bi(Iboards to go onto the ballet. He added that his understandino that special sig� districts were to g some theory of voted in opposition to the Saint Antho y gpe�a�ls� 9°ality ofa a h� been of the Saint Anthon area. p� area. He noted that he the use of a special sign district on an entire area � on District because it was all enco if it were possible, that the Advertising Task Force ook at special area, e.g., Grand Avenue. In the case of Saint Anthon o res ect ce tooi to accomplish an objective that Saint Anthon p � 4ua(ities of a with the intent of the s ecial si� Y he found it was used more as a Y Pazk wanted, but he didn't see it in keeping districts in eve P an district. He thinks the Commission wi(! be seeine ry planning district of the city, and he doesn't think that w legislation. o Special sign as the intent of the • � �� Saint Paul Planning Commission City Hall Conference Center 15 Kellogg Boulevard West A meeting of the Planning Commission of the City of Saint Paul was held Friday, March 26, 1999, at 8:30 a.m. in the Conference Center of City Hall. Commissioners Present: Commissioners Absent: Mmes. Duarte, Engh, Geisser, McCall, MoROn, and Messrs. Corbey, Dandrea, Field, Fotsch, Gervais, Gordon, Johnson, Kramer, Mardell, Margulies, and Shakir. Mmes. *Donnelly-Cohen, *Faricy *Nordin and Messrs. Kong and *Nowlin *Excused Also Preseat: Ken Ford, Planning Administrator, Jean Birkholz, Martha Faust, Tom Harren, Nancy Homans, Larry Soderholm, Jim Zdon, Department of Planning and Economic Development staff; Tom Beach and Bob Kessler from the Department of License, Inspection and Environmental Protection. IV. PUBLIC HEARING: Site Plan Review for a trucl:ing facility on the west side of Fairview Avenue,'/z block south of Aiinnehaha Avenue, JLT Group (Tom Beach, 266,9086, LIEP). Chair Morcon read the rules and procedures for pubiic hearin�. Mr. Tom Beach eave a short presentation before testimony w�as taken. JLT Group submitted a site plan in February for a new truck transfer faciiity. Eazlier this month the Hamline-Midway Coalition asked the Plannine Commission to hold a public heazing. Mr. Beach noted that since the staff report was written, there have been more discussions with JLT. There are some chanees to the written staff report; a sheet has been passed out reflecting those changes. The properry at 625 Fairview Avenue is owned by JLT Group; the wcking facility will go on a eastern portion of the property, next to Fairview Avenue. JLT will build the building and the facility wilf be operated by Da�ves Trucking. Most of their business involves bringing in a variety of goods from local businesses using smaller city trucks. Those goods aze brought inio the building, consotidated into packa�es by location and loaded onto semi-trucks that make the deliveries. Dawes Truckine is currently located in Roseville. They are relocating because they need more room. Mr. Beach show�ed stides of the site. � \J � u �� � � -S �-� John MacDaniels, owner of Dawes Truckin�, informed Mc Beach about their operation. 11te • facility will be open Monday through Friday; it's normally closed on weekends, but an occasional truck will come in. Durin� the week, they open about 7 a.m. Tuesdays and Fridays are generally the busiest days and they stay open unti] midnight. On Mondays, Wednesdays and Thursdays, the facility is open until 8 or 9 p.m. The peak hours are in the late aftemoon from 3 to 6 p.m. Right now they have 35 semi-trailers a week taking freight out; and about 10 semi-trailers a week bringing frei�ht in. They also have from six to ei�ht local trucks coming and going each day, Monday throu�h Friday. Typically, the semi-trailers take three or four hours to load or unload. Sometimes trucks leave their engines on while they are loading or unloadin�, but they don't leave them on overnieht. There will be electrical heaters provided in the winter so that they won't need to run their heaters all night. Some of the trucks will have refrigerator uniu, but they will not need to be running. There will be no fuelin� stations or maintenance facilities on the site. The Board of Directors of the Hamline-Midway Coalition voted unanimously to oppose this project. Two letters were received from the neighborhood; one was in opposition; the other was in support. Next, Mr. Beach went through the required findings. The first one states that the Planning Commission shall consider and find that the site plan is consistent with the city's adopted comprehensive plan and development or project plans for sub-areas of the ciry. Since the City's recently adopted comprehensive plan was not in effect when this application came in, the fortner plan must be used. The plan says that in cases of incompatible land uses, the City wi(I use techniques such as landscaping, berming, or fencing site perimeters in maintaining building • exteriors to create buffers bern-een ]and uses. The District 1 I Plan also talks about creating buffers to separate residentia! areas from commercial and industrial areas. It also talks about traffic concems. Staff thinks that the site plan can be consistent with these policies if noise barriers are erected. The exact design of these noise barriers hasn't been worked out yet. 3LT Group is talking about putting another buifdins alon� Minnehaha for something like mini- storage that wouldn't create much noise, which might act like a noise barrier, if it is built. If the building is not built, perhaps some walled fences will need to be built along Fairview. The earlier staff report also recommended closing all the driveways on Fairview so that trucks would need to come in off Prior. Afrer talking with JLT, staff has modified its recommendation on this. JLT says they need access on Fairview because they glan to su6divide the property. Now, staff recommends that the northem most driveway is closed and JLT has agreed. The next finding is that the site plan must be consistent with the applicable ordinances of the City of Saint Paul. Trucking facilities are a permitted use on this property since it is zoned I-1. A question that came up here is whether or not Fairview is a truck route. The City Attorney said that Fairview is not a truck route, however, the regulations say that trucks can use a non- truck route "when necessary in entering or leaving a truck terminal" and then they must use the shoRest route to get to a truck route. JLT says they won't have access to Prior Avenue (a truck route), so staff is recommending they have at least one driveway out to Fairview. Staff originally recommended that there be a sound study done to see if the City's noise ordinance would be exceeded, but since has decided that would not be necessary. A reasonable solution might be attained if they decide to erect the other building. There's a small discrepancy as faz as the setback from Fairview Avenue. It needs to be a little bigger than shown. StafF is • recommendin� that the setback be increased. � �� The next finding has to do with preservation of unique geological, geographic or historically significant characteristics of the city and environmentally sensitive areas. The site doesn't fall into those categories. The were some concems raised by the neighborhood concerning . environmental issues, particularly, air quality. Mr. Beach said he called the Minnesota Pollution Control Agency and the Environment Quality Board about the issues. Both said that this faciliry was quite a bit smaller Than anything that would trigger any formai environmental review. Both also said that a situation may cause irritable odors without violating any ordinance. Perhaps, there may be a restriction on when wcks tum off their engines. The next f nding deals with protection of adjacent and neighboring properties. Staff is now recommending that it will meet that finding if they close one driveway on Fairview Avenue and put up the noise barriers. The next finding has to do with the arrangement of building and uses. Staff is recommending that the plan is consistent with that finding, if the changes are made. Re�arding energy conservation, the plan is consistent with the current practices. Regardino safety and convenience of both vehicular and pedestrian traffic, Public Works reviewed this site plan and determined that the plan, induding the use of the existing driveways on Fairview for the primary access to the truck faciliry, is safe and consistent with this fmding. Drainaae. The site plan doesn't deal with that yet, but can be added on if these other things aze approved. Landscaping, fencing, wails, and parking. There witl be some kind of requirement for either • walls or buildin�s to block sound. Staff recommends that there be at least 10 feet between the building and the sidewalk to plant vegetation. Site accessibility. They need to provide one more handicapped parking spot. Erosion and sediment control. They don't yet have a plan. Staff recommends approva( of the site plan subject to the following conditions: 1. Driveways. The north driveway on Fairview must be c[osed and the south driveway must be widened as determined by Public Works to handle lazge trucks. 2. Souad barriers. Sound mitigation measures must be designed and constructed to ensure that the development conforms to City noise regulations. If walls are required for sound barriers, they must be in place before the building is occupied. If another new buiIding will act as a sound banier, work must begin on that building before the trucking building is occupied. 3. Truck idling. Truck engines must be tumed offwhenever trucks are at the docks or aze standing on the site waiting to get to a dock. More discussion on that this moming leaves this up to staff, the neighborhood and JLT to work out. 4. Parking on adjacent streets. Trucks using this site may not pazk on Fairview or Minnehaha. 5. Hours of operation. Hours of operation must be timited to between 6 a.m. and 12 midni�ht. . 6. Setbacks and lattdscaping. The setback on Fairview must be increased to 10 feet to permit � �� �g-S�y enou�h room for landscaping to soften the appearance of the buildina. The setback must be • planted with shrubs that will get at least ] 0 feet tall when mature to form a continuous row alon� the entire east side ofthe building. Additional ]andscaping must be planted around the perimeter of the site wherever noise barriers are required. Noise barriers or other new buildings must be setback 10' from the property line to provide adequate room for landscaping. 7. Storm water plan. A storm water management plan must be submitted to staff for approval. 8. Accessible parlting. One additional handicapped accessible parkin� space must be provided. 9. Erosion and sediment control. An erosion and sediment control plan must be submitted to staff for approval. Commissioner Field sfiated he is distressed by Mr. Beach's comment that we just pass over the issue of truck idlin�. He noted he would be interested in the discussions that took place this mornin� and how it's possible to come up with a recommendation like that. Mr. Beach replied that the discussion was with the o�vmer who said that there are times, especiafly during the winter, when truckers don't want to shut off their engines. Commissioner Field asked if the nei�hborhood was involved. Mr. Beach responded it was not. Commissioner Gordon asked what noise mitigation efforts Mr. Beach recommend. Mr. Beach noted that they would depend on whether the other building goes up. If the building is e�ected and if it's a use that doesn't generate additional traffic, it should take care of much of the • problem witli noise bouncin� up to Ivfinnehaha. In addition, he thinks there should be a wal( or fence along Fairview Avenue. If the buildin� doesn't get built, then the City would require more noise barriers. Commissioner Gordon asked how high those would be. Mr. Beach replied that hasn't been worked out yet. It would be a solid barrier. Commissioner Gordon asked if JLT just needs to begin work on the other building in order for Dawes to occupy the truck building. Mr. Beach stated that was reasonable. Commissioner Gordon asked if Mr. Beach is satisfied that the other building or solid barriers will adequately mitigate the noise emanating from this operation. Mr. Beach replied that he was because the people who wouid be affected most are those east along Fairview, they are dosest to the trucks. He is confident they will not hear anything because the docks are on the opposite side of the buildin=. A wall can be placed north alon� Fairview to help on that side, and if the building is erected, it should take care of the noise problem. If the building is not built, then perhaps a wing wall coming out of the north end of the building may need to be built. Commissioner Gordon asked about the noise from the trucks ingressing and egressing from the building. Mr. Beach stated there witl be noise from trucks. Commissioner Gordon asked how Mr. Beach knew that the noise from the lrucks entering and exiting wouldn't be excessive. Mr. Beach stated that he knew for sure that the noise would not violate the City's noise ordinance based on past experience with other cases. Mr. Beach added that there was no formal testing done in this case, but the architect did check w ith a noise meter. Commissioner Gordon stated that he is concemed about the fact that the initial recommendation included a noise study and the revised recommendation does not. He asked why that requirement was dropped; it would indicate, with an acceptable level of confidence, whether the noise is going to be unacceptable or not. Mr. Beach replied that staff is confident they will be able to evaluate whether the proposal will meet the standard or not. � Commissioner Gordon asked who would select the company or individual to perform the noise study. Mr. Beach said that in the past, the applicant has selected the person and the City has `�� )9 either accepted the person or su�gested ano[her. Commissioner Gordon asked if there was a down side for requirin� the noise study before approvins an application. Mr. Beach responded it is primarily the cost to the developer and about a two week delay of the project. • Commissioner Geisser asked Mr. Beach what the decision was on how these added trucks would affect the level of air quality of the neighborhood. Mr. Beach replied that staff at the Minnesota Pollution Control Agency and the Environmental Quality Board indicated that this would not require an environmentai assessment worksheet (EAW) or an indirect source permit. Their professional judgment was that in terms of air quality tha[ can be measured, this would not violate standards that they have; there might, however, be a problem w�ith odor. Commissioner Geisser was concerned about their making these judgtnents without doing any type of study. Mr. Beach stated that this is a case that is far below what they would normally be concerned with. He asked the Environmental Quality Boazd what their threshold was and they answered that with a trucking facility, it needs to be 600,000 squaze feet; this is 25,000 squaze feet. Commissioner Geisser asked if the City has any ordinances that are separate from these in terms of level of noise or air quality, where abutting a residential neighborhood. Mr. Beach replied that the City has a noise ordinance, but not an air quatity ordinance. h1r. Bob Kessler, Director for the Department ofLicense, Inspection and Environmentai Protection addressed the Commission. He stated that the reason he did not feel that a noise study was necessary because there are often noise studies done where they rarely show that the new use will be in violation of the City's noise ordinance. Sometimes ho�vever, there aze complaints about noise whether or not the facility meets the threshold in the ordinance. Then the department needs to do whatever it can to mitigate the noise even thou�h it doesn't violate the ordinance. Commissioner Corbey asked how many decibels is estimated a truck emit; entering and leaving • the premises, and what does the ordinance call for. Mr. Beach rep[ied that he doesn't have a figure on decibels when a truck enters or leaves a facilit} or drivin� by. The ordinance deals with a more lon�-term noise, e.g., a truck idling. Accordina to the ordinance, the noise has to be present more than 10% of the time in a given hour. In this case, you can't exceed 75 decibels during the day (measured at the residential zoning line) and from 11 p.m. to 7 a.m., that drops down to 5� decibels. There is a graph on page 16 of the staff repoR that helps to define those levels. The level that you'd find in a private office is 55 decibels; 75 decibels is a large gathering of people or downtown Saint Paul. Commissioner Mardell asked where other truck terminals are located in the City of Saint Paul, and if there are any other truck terminals that are located in close proximity to residential neighborhoods. Mr. Beach listed: 1) the Burlington-Northern facility on Pierce-Butler (noise within the site); 2) a trucking facility on West Minnehaha near Dale (some problems); 3) a trucking facility on Petham Avenue, soaYh of University Avenue thaY are similar types of facilities in the City. There are complaints from time to time. Commissioner Corbey asked if it woutd make a difference if the docks on the north end of the building were moved to the south side of the building so the noise and pollution wouldn't spill into the neighborhood on Minnehaha. Mr. Beach repiied that if the docks were on the south side, they would interfere with the Fairview driveway. Commissioner Corbey asked why the entrance to the facility could not be along Prior Avenue, a truck route. He noted that the buildings along there are old and di(apidated and wondered if there would be a comprehensive • plan in the future to redevelop that wfiole iayout of buildines. Mr. Beach responded that the �' 0 aq -�S ��I drive�vays alona Fairview have been there for years, and the applicant has objections to closing • those driveways because of possible fumre plans for the property. Commissioner Gordon asked if the noise study would be of help in determinina what the noise miti�ation efforts should be. Mr. Kessler replied that Mr. Beach is the expert on that and coutd provide advise on what types of walls or barriers or miti�ation measures might be employed. He has done that in many cases in the pazt, so the City would not necessazily need a consuitant for that. When there is noise disturbing a neighborhood and it doesn't violate the City's ordinance, which is usually the case, it is di�cult to come up with measures to do what is necessary to help eliminate the noise. Commissioner Gordon asked if the noise study would be of help in deciding issues like whether an operation should not run until midniaht, but only until 10 p.m. Mr. Kessler replied that it is possible that a professionally done study could provide information that staff could not gathec. In this case, Mr. Kessler didn't think it was a likely possibility and he didn't think that there was enough unknown information to require a study to be done. Because this facility has not been fully used for a long time, it is naturally going to be disruptive to the neighborhood. Mr. KuR Williams, JLT Group, gave a short presentation. This formerNavy and Unysis facility was purchased by JLT Group three years ago. A substantial amount of that property has already been re-developed. They hope to build four more buildings on this site. Under this proposal there are two buildings (the second one will take 60 days to confirm). The site is zoned industrial and JLT knows that this is a good project. Dawes Transport has a July move-in timetable. • Commissioner Field asked what types of use the additiona( buildings at this site will be. Mr. Williams replied that as a developer, he doesn't kno�v the answer to that question. The second building on this site wif] be a mini-gara�e. The other buildings probably wil] be office buildin�s. Commissioner Gordon asked if working out the noise issue might include doin� a noise study. Mr. Wifliams replied that he is not sure how to do a noise study. Commissioner Gordon asked if he had a problem with hiring a consultant who knows how to do noise studies. Mr. Williams responded that a noise study is a matter of timing and cost. Commissioner Gordon asked what it would cost to have a noise study done. Mr. Williams answered that he did not know. Public testimony began. John Van De Weghe, 1807 Blair Avenue, addressed the Commission in opposition. He was the lead speaker for the neighborhood delegation who a�e opposed to the facility altogether. His concerns are noise, air qua(ity, safety, etc. On Tuesday, he sat in his car from 4:55-5:10 p.m. on Minnehaha and Fairview. He counted 200 cars or vehicles that came through the intersection in fifreen minutes. Mr. Van De Weghe also submitted written testimony from a neighbor. 2. Thomas Minder, 764 Tatum Street, addressed the Commission in opposition. He stated that his community is a socioeconomic diverse neighborhood and a benefit to Saint Paul. Already existing in the neighborhood is an industrial corridor (Pierce Butler Route), carrying a lot of truck traffic. It is four-five blocks from his house, yet they heaz the traffic • on it all day long. Burlington-Northen, to the north is the same situation. To the west is the Amtrak Station, with trains arriving at midnight and at 7 a.m. To the east, they have the x 21 hiehest pollution area in the Twin Cities, the Snelling-University intersection. Further to the north is the Saint Paul Stadium, a great benefit to the city, and in the summer months • the neighborhood listens to the crowd cheering. To the south is University Avenue and all summer long, hot rods travel up and down University oa Friday and Saturday nights, which makes a lot of racket. The neighborhood is overtvn with noise and air pollution. His children are awakened every moming now at 7 a.m. without the truck transfer facility. He feels this truck facility will break the community, an asset, a model of community activiry. The community has worked with landowners in the past to resolve problems. Economic development is obviously, a very important issue in the community. It's important to the Ciry of Saint Paut; iYs important for JLT to make a profit and the community invites them into the community to do so. Clearly, JLT has not invited the neighborhood to the table to discuss iT. He inveTed JLT to come up wiYh a business plan that makes the money, provides jobs for the neighborhood and the Ciry of Saint Paul, and becomes a partner with the community, not a detriment to it. Commissioner Gordon asked if there have been no meetings between JLT and the community. Mc Minder replied there have been two meetings; he was unable to be present at the meetings. 3. Michael Samuelson, 17�8 Hewitt Avenue, addressed the Commission in opposition. He referred to finding 62.108 of the Zonin� Code in regard to the site plan. This type of firm, a trucking firm, is not appropriate under the Comprehensive Plan: The Land Use Chapter. These types (truckins facility) of uses should be considered to be restricted. There is an issue of concern hare about the best use of this land. The neighborhood appreciates the oppoRUnity for JLT to move into the neighborhood and provide for appropriate job producing businesses. Under the Port Authority's rule of assistance programs is "per 1,000 • square feet of building space there is a minimum of one job on a site coverage of 30% per site." This plan does not even come close to this. This will not provide livin� wage jobs for the community. Fifteen years ago, this site was projected as an opportuniTy to provide living wage jobs in light industrial work that would employ the residents of our community. That �vould be welcomed, but a trucking ftrm that brings noise, disturbance, complaints, pollution, etc., is not appropriate under the Saint Paul Comprehensive Plan: the Land Use Chapter, and specifically, in the goals and objectives of the City to bring firms that provide jobs. This will not provide jobs for Saint Paul. In addition, he echoed the concems of the previous speaker, Thomas Minder, by sayin� that this use will force people out of the neighborhood, the community they have chosen to live in. The community already lives with noise on all four sides. This use will bring trucks up and dowm Fairview Avenue (not a truck route) because JLT wants tfie entrances there. They shouldn't be allowed to do that. If you allow them to do that, how and where does the community go to respond? Mr. Samuelson noted that if he were to add a third story to his home, which is not allowed, he would be in trouble. This is an incompatible use with the Land Use Plan and with the long range vision of this community. He asked the Commission to oppose this site plan and recommend that JLT work with the community to find a compatible use. The community woutd be willing to a(so work with the Port Authority and the Plannina and Economic Development staff to come with a re-development plan. He asked that the Commission put a moratorium on this site altogether in order to work on a coraprehensive pian for this siYe. Chair Morton asked Mr. Beach to clarify whether this site plan complies with the Comprehensive Plan. He stated that a new Land Use Plan was just adopted and he originally • cited that in the staff report. The City Attomey advised, however, that the o]d Land Use Plan be referred to because the new one w�as not in effect when this plan was submitted. This use is in A' qt a�-sa� conformance with the earlier Land Use Plan. • 4. Joe Potraski, 1636 Minnehaha Avenue West, addressed the Commission in opposition. He stated that he is very disappointed with Mr. Beach's stance because he is basically, asking the snake not to eat the mouse and then lea�ing it up to the snake to make sure he doesn't eat the mouse. There are too many questions about the noise and pollution that he is leaving up to JLT. The proposed semi-truck transfer station is not a proper use for this site in this neighborhood. The zoning of this lot allows for many uses, but the proposed use is not a proper use in the community now. Semi-trucks aze already illegally using the community's side streets. JLT has already admitted, previously, that it can have no influence or control over the semi-truck drivers once they leave their property. The City of Saint Paul cannot now protect the community from the illegal use of iu sides streets by the j semi-truck drivers. Everyone existing in the community has a responsibility to not cause � damage to the community, which the semi-truck uansfer station certainly would. The very loud beep, beep, beep that is required by law when the trucks back up can be heazd from Burlington Northem on a day when the wind is not blowing in the opposite direction, one- half mile from his house, as the crow flies. With the transfer station just right across the street from many homes, the loud beep, beep, beep will be a constant disturbance. The level of the beep cannot be lowered because of OCHA's standards. T'he pollution caused by semi's running, not only in the winter, but also in the summer for the air conditioning, will be a problem. There are many decisions which Mr. Beach has lefr the community out of. He has bowed to JLT and JLT's architect. He is glad that the Commission has noticed these failures and encouraged the Commission to tum dow�n this project. He noted that he has worked with the MPCA for 2%z years to try to get them just to notice the smell coming from the factory on Minnehaha and Fairview and Minnehaha and Fryer. lfiey have failed • to find it. They have failed to stand up for the community. He stated that he is very uncomfortable in leaving anything to JLT because once they are there, iYs going to be ev8n harder to enforce. He added that he is happy with what he has experienced here today. He thought he would come here and experience peopte who really didn't have much interest or questions, but he was pleased to hear the wise questions that were asked by the Commission. 5. Ron Williams, 779 Clayland Street, three blocks from Minnehaha and Fairview, addressed the Commission in opposition. Three years ago he and his wife bought their house with 0 dollars down in an area with busing and one they could afford. They aze very concemed that the JLT proposal could mean that they will be stuck in a deteriorating neighborhood. Mr. Williams is representing the Sierra Club this morning whose goals include "to protect the quality of the namral and human environment." The focus of his concem today is the protection of kids. In a couple of days, the Sierra Club intends to submit an Environmental Assessment Worksheet petition. This petition stresses that there are certain envuonmental problems that need to be addressed by the City conceming the JLT proposal: 1) safety; 2) noise; 3) air quality; 4) visual quality; 5) light pollution; and 6) water. The JLT proposal brings a very serious safety concern to the children of the community, especially to Fairview Avenue children. For this reason, it is imperative that the JLT be prohibited from using Fairview Avenue for their trucks. Twenty trucks per day running until midnight will bring a serious noise issue. It dcesn't have to be this way. There is no reason why a facility that is compatible with the residential neighborhood cannot be placed on this property. An additional twenty trucks per day will have a serious air poilution impact on an azea that is • now only 12 blocks away from Snel(ing and University, the most air polluted point in the State of Minnesota. He encouraged the Planning Commission to recommend doing and � 2Z EAW for this proposal. He noted that the developer is threatening the City with deadlines, hopin� that the City will rubber-stamp their request. This is very inappropriate; the City • must reasonably consider the developer's request. 6. Ken Schuba, 179� Blair, addressed the Commission in opposition. He asked the Commission to wnsider what impact this facifity will have on some of the community's sources of income. His wife is a licensed day-care provider, located less than'/z block from Fairview Avenue. Some of her clients have aiready expressed a concern about the idea of a warehouse being so close to the day-care. Their concems are the same as he and his wife: 1) heavy traffic; 2) noise; 3) lazge trucks; 4) unsafe driving habits; etc. Ifthese clients aze lost, it will be increasingly more di�cult to find new clients with these less than appealing aspects in the neighborhood. There are several home day-cares in the neighborhood. One is located directly across the street from the proposed site. This will definitely affect their ability to find and keep clients. The facility will not only affect the community's quality of life, but it will also affect its sources of income. If their income suffers, it has a ripple affect that affects more than just his family. They will not have the financial resources to maintain their property, their house value will fall, their neighbors' house value will fall, they may wind up on public assistance, and the pressures of financial instability affect ali members of a household. This financia( impact is of great concern to Mr. Schuba and his family. This neighborhood is on the up-swing. House values are going up. People aze takinL pride in their homes, doing work to update and remodel, all in an efFort to raise the qualit}• of living for everyone in the neighborhood. This nei�borhood has a home gazden show; a neighborhood that fights to have gun shops removed for safety's sake; a nei�hborhood that is concemed about the trucking facility that will decrease the aesthetics, increase the pollution, increase the noise, increase the crime, and in rurn, decrease the • values of their homes. The people who own this land do not need to worry about the issues that the neighborhood has. They will never be confronted with the likes of a trucking warehouse being built across the street from their homes. They will never need to worry about semi-trucks cruising down the streets that their kids will be riding their bikes on, diesel engines starting up at 5 a.m., or trucks runnin� all night long so that the drivers can sleep in their cabs. We do, and we are concemed; and we do not think that we should be affected by a big company getting big�er, especiatly at the expense of people trying to improve a wonderful part of our city. Obviously, this company is not trying to be a good nei�hbor. They, obviously, have no regard for the people who live here. How can we allow someone with so little concern for the community to start a business that will only cause more and more problems down the road. Last week the Roseville City Council, in their wisdom, stopped Cub Foods plans because "they fear the store will disrupt their ►ives around the clock with noise, fumes, trucks, loadin„ lights, and all the extra traffic." Mayor pon Wall stated, "My concern is that this a shopping center next to a residential area; it involves the wider community." Francine Panioa, 1800 Blair, addressed the Commission in opposition. She and her family also run the comer grocery store of the community at Minnehaha and Fairview. They purchased the building, approximately one year aso, to renovate it and bring it back to its old quality, its old look, and to keep the neighborhood a neighborhood, a store for people to go with their children and to send their children to. She is concemed for the safety of these children and their parents with their strollers. Another issue is the invasion of the lights this • company already has on the people who live on Minnehaha. The three tenants who live in her business buildin� have had the same privacy complaints. In the evening, the lights are � 2 '1 � a -sa �{ so imasive that they cannot just close their shades and be alone. The neighborhood expects � that this +nvasion will be mukiplied by a great amount. Already, they have had io invest in new shades and draperies in order to keep both the noise and lighu out of their own living rooms. There are some seventy plus children running around the blocks in a six block radius. More trucks travelin� in this community will make it even more dangerous than it already is with trucks using the side streets. The community would like to keep it a nice nei�hborhood for famities to feel safe. 8. Jim Twembold, 1762 Blair, addressed the Commission in opposition. He tives one block from the proposed site. He is concemed about security and safety issues. Within four blocks of this siie, there are two schools, several churches, several family services, and four parks. The buildings are primarily family-owned and occupied buildin�s. The neighborhood is full of kids. When the truckers deliver late at night, they will run their trucks all night. Just as one's house is maintained at a 70 degree temperature, they will maintain their truck at a 70 degree temperature so they can relax and sleep. There's also the issue of them spending the night there with no bathrooms; the issue of them storing empty trailers which can invite others to spend the night out of the rain or kids Iooking for a piace to cause trouble. There is no way of policing that. Locks only keep honest people honest. Any given day, you can see trucks going up and down the side streets. It was said that Fairview is not a designated truck route, but to the truckers, their time is money and they're going to take the shortest route from A to B. We don't need any more trucks going up and down the side streets. This company's busiest time is from 3- 6 p.m.; thaYs when the schools are getting out; that's when parents are either dropping off or picking up their kids from the local day cares. • The first tape ended here; the second tape was blank. 9. Maz�orie Schma]z, 1829 West Minnehaha, addressed the Commission in opposition. Ms. Schmalz lives right across the street from this proposal and is emotionally affected by blankness, e.g., the view of a close blank neighbor's house from their dining room window was remedied by the addition of a deck. Now, this proposal talks about putting up a long, high barrier along Fairview. She is also concerned about the air quality and odors the new use will cause. ]0. Bob Molden, 1817 Van Buren, addressed the Commission in opposition. Mr. Molden lives right across the street from the north gate on the proposed site. During the State Fair one year, there were 200 school buses that used this site to park. The noise and the stench were nearly unbearable, and that was just an indication to him of what they will face with this facility. He expects that twenty trucks is not the actual figure; there will be more and more. Eventually, the facility will turn into a monster. He feels that JLT needs help to find an alternative use and the community is willing to help him. Since Govemor Ventura is courting the movie industry, perhaps this facility could be used for that. I 1. Cheryf Hammerlindl, 672 NoRh Fairview, addressed the Commission in opposition. She and her husband live directly across the street from this proposed facility. Her fust concern is the safety of the children of the community. There have been six serious accidents at the gates on Fairview involving trucks. There are forty-two children on the block they live and • thirty-five children on the next block. The peak hours for Dawes is from 3- 6 p.m.; those are also the peak hours for children being outside. Another concem is that her husband works at night, so he sleeps during the day. With all the extra noise created by the trucks, fi� 2S he will have more difficulty sleepin�. 12. Steven Wilson, 680 Fairview Avenue North, addressed the Commission in opposition. He thinks that to keep the ingress and egress of this facility along Fairview is a very poorly thought-out decision. The added truck traffic will further endanger the children, shake houses, decrease air quality, and increase noise and light pollution. There aze other uses that woutd be rrtore appropriate for this site. 13. Roberta Mach, 1804 Englewood Avenue, addressed the Commission in opposition. Ms. Mach lives one block north of Fairview and Minnehaha and is concerned about home values goinL down and Fairview Avenue becoming a truck route. I4. Sara Oxten, 1798 Blair Avenue, addressed the Commission in opposition. Ms. Oxten has been impressed with the neighborhood, but is dismayed by the odors already there emanating from businesses. She was surprised to hear that Fairview was not a truck route. She thought it was because of all the truck tra�c. She thinks that JLT should be able to make money, but not at her and the neighborhood's expense. I5. Carol Minogue, 1846 Englewood, addressed the Commission in opposition. Ms. Minogue expressed concem about the property values of the community's homes going down if this faciliry is al(owed to locate on Fairview. She also submitted a letter from a neighbor. 16. Paul LaBelle, 1895 Tatum, addressed the Commission in opposition. His home is a day care and he is concerned, primarily, about safety. 17. K. Nighten�ale, ] 689 Van Buren Avenue, addressed the Commission in opposition. She mentioned that there are 54 block clubs in the neighborhood; there is great community involvement. If this proposed facility moves in, her family is moving out. Mr. Brian Houmann, JLT Group's architect, addressed the Commission, commenting that the Planning Commission should be concerning itse(f with site plan issues. The proposed facility is within its rights to be there. He explained that they will be taking down the pole lights and putting up building lights that shine into the site. Commissioner Geisser stated that the Planning Commission has a Comprehensive Plan that they expect people to respect. They also expect people to respect the health and safety issues of the community, a community that pays taxes. It is the intention of the Land Use Chapter to place more intense uses outward; less intense uses towazd residentiat neighborhoods. She noted that is apparent from the testimony that there is not a good understanding between the neighborhood and JLT. There aze other issues beside zoning that should be taken into consideration regarding this decision. Mr. Houmann stated that 7LT is bringing this use before the CiTy because this is what they have. Commissioner Geisser pointed out that discussions with the neighborhood are very important. Mr. Houmann said that JLT had two meetings with the neighborhood. Commissioner Kramer asked what specific changes resulted from the meetings with the community. Mr. Houmann noted the possibie erection of noise barriers. Commissioner Corbey asked if any consideration was given to locate this facility on the r1 LJ • • � 2L �a-��.y northwest comer of the site, and asked why they chose this section of the site. Mr. Houmann . answered that this facility would not fit as well on the northwest corner. Commissioner Mazdell added that the northwest site probably would not be as eas}' to access with the trucks. bIOTION: Commissioner Gordon moved to close the public hearing and refer the matter to the Neighborhood and Current Planning Committee; the motion was seconded by Commissioner Geisser and carried unanimously on a voice vnte. Commissioner Gordon urged the applicant to meet with the local community. V. Zonine Committee #99-030 Jonathan E. Waaner - Rezone from RT-1 to B2-C to allow for a therapeutic massage, rehabilitation and chronic pain center at 366 West King, between Smith and Manomin (Martha Faust, 266-6572). Commissioner Gervais reported that this case was laid over until the next Zoning Committee meeting, Tuesday, March 30. #99-031 Tena Lv - Special condition use permit to allow for on-site auto zepair at 1047 University Avenue, beriveen Oxford and Lesington Parkway, in conjunction with the vehicle warranties the applicant offers customers (Nancy Homans, 266-6557). bIOTION: Commissioner Gervais maved approval ojthe requested specia! cnndition use permit to a!!ow jor on-site auto repair at 1047 University Avenue, befween Oxford and • Lexington Parkway, in conjunction with the vehicle wurtanties fhe applicani offers custamers. Commissioner Geisser noted that this applicant came before the Commission in the past and the Commission allowed no repairs to be done on-site. The Commission recently had an extensive discussion about whether the proposed Ryder Truck rental facility was an appropriate use on the site directly to the west, given current plans calling for higher density uses on University Avenue. Why should University Avenue be allowed to have all these "interim" uses. Commissioner Gervais replied that all ofthose things were discussed at the Zoning Committee meeting, but fett Mr. Ly should be allowed to fulfil warranties he offers on used cazs. Commissioner Gordon added that Mr. Ly has just one bay for repair. He doesn't think this will afFect too much. Commissioner Shakir asked if the resolution will meet the district council's concerns. Ms. Homans replied that District 7 has raised issues related both to the previous prohibition of repairs on-site and to the large signs that were erected for a previous car dealer. She said that the district council is likely to be disappointed in the Zoning Committee's recommendation. Commissioner Kramer noted that there is no condition that limits repair work. He reported that the SCUP permitted for Ryder has been appealed to the Ciry Council. He asked if there was any prudence in waiting to hear what the City Council does in that case. • Mr. Ford stated that he thought each case should be considered on its own merits and this applicant should not have to wait for Ciry Council action on someone else's case. � i7 PLANNING COMMISSION STAFF REPORT 1. APPLICANT: JLT Group 2. CLASSIFICATION: Site Plan Review 3. LOCATION: 625 Fairview Avenue ('/: block souih of Minnehaha) 4. PLANNING DISTRICT: Hamline Midway Coalition (District 11) 5. LEGAL DESCRIPTION: See file 6. PRESENTZONING: I-1 7. STAFF INVESTIGATION AND REPORT: DATE OF HEARING: 3/26198 ZONING CODE REFERENCE: 62.708(c) DATE: 3/19/99 BY: Tom Beach 8. DATE RECEIVED: 2/23l99 DEADLINE FOR ACTION: 4/25/99 -------------------------------------------------------------------------------- -------------------------------------------------------------------------------- A. PURPOSE: Site plan review for a new truck transfer facility. B. PARCEL SIZE: The proposed building and the paved area around it for trucks would be cover 2.5 acres. It wouid be located at the east end of a larger piece of industrial property that runs from Fairview to Prior on the south side of Minnehaha and covers 14.5 acres C. EXISTING LAND USE: The area where the truck Vansfer facility would be built is currently a parking lot. There are two driveways on Fairview Avenue. (These driveways have gates which are currently locked and have snow in front of them indicating that they have not been used recently). The rest of the property has a variety of offices and industrial uses and more parking. The main building on the site has approximately 15 loading docks on the south (back) side. D. SURROUNDING LAND USE: The area to the east (across Fairview) and to the north (across Minnehaha) is residential. (Zoned R-4, RT-1 and RM-2) The area to the west and south is industrial. (Zoned I-1) E. ZONING CODE CITATION: Section 62.108(c) lists a number of findings that the Planning Commission must make in order to approve a site plan. These are listed and discussed in Section H below. F. HISTORY: The site has been had industrial uses for over 60 years. At one time Controi Data was a major tenant. JLT bought the property about 3 years ago and has been renovating the existing buildings. � DISTRICT COUNCIL RECOMMENDATION: The Hamfine Midway Coalifion requested a public hearing on this site plan. They have concems about truck traffic, noise and air pollution. Their Board of Directors voted unanimously to oppose the project. (See attached letters.) • • H. FINDINGS: 1. Dawes Trucking The truck transfer facility would be built by JLT and operated by Dawes Trucking. Dawes would bring a variety of goods to the site from local businesses using smaller � city trucks. The goods would then be consolidated inside the building and loaded onto semi- trailers and shipped out of state. Dawes currently operates out of a building located in Roseville. However, this buiiding is too small and Dawes wants to move to get more room �� �a-sa�{ 2. Proposed operation John McDaniels, the owner of Dawes Trucking, described the proposed operation to staff, including the hours of operation and the number ot trucks: Hours of operation • - The facility would be open Monday through Friday. It would normally be closed on weekends although occasionally there would be an individual truck on weekends. - During the week the facility would open at 7AM. Tuesdays and Fridays are the busiest days and the facility would normally stay open until midnight on those nights. On Monday, Wednesday and Thursdey the facifity would ciose at 8 or 9 P.M.. - Peak hours are late afternoon (3 to 6 P.M.) Number and types of trucks — There would be approximately 35 semi-trailer trucks a week taking freight out and another 10 semi-trailer trucks bring freight in. (On Tuesday and Friday when they are busier, there would be 10 semi-trailer trucks a day. On Monday, Wednesday and Thursday there wouid be fewer semi-trailer trucks. — There would be 6 to 8 smailer local trucks a day Monday thru Friday. These trucks would leave in the morning, pick up or deliver goods locally, and return in the afternoon. — The large trailers typically take 3 or 4 hours to load. However, a trailer may site at the dock for a day or two until it is picked up. The truck engines would be turned off and would not run while the trucks are parked. Electrical hook-ups for engine heaters would be provided in the winter. If traiters will be parked for more than a few hours, the tractor is unhooked and leaves the site. — Some of the semi-trailers would have refrigerator units. However, Dawes wouid not be handling perishable good such as produce and so tucks with refrigerator units would not run them while they were at the site. — There would not be any fueling stations or maintenance shops on site. 3. Existing operation Staff visited Dawes current location in Roseville two times and observed the following: • — On Thursday, March 11 at 4:00 PM there were 10 trailers parked at dock doors and additional trailers parked on the site away from the building. (These trailers did not have any engines running.) There was one truck backing up to a dock and in the next 15 minutes two more trucks arrived on site. (These trucks had their engines running.) — On Monday, March 25 at 8:00 the business was closed. There were approximately 10 trailers parked at dock doors and other trailers parked on the site away from the building. One parked truck was running and had its lights on. 4. The site plan The pian shows a 27,740 square foot buiiding. It would be 294' long on the side facing Fairview and 93' deep. It wouid be 28'-5" tall. The building would have a small office on the south end but most of the building would be for storing and handling goods. The building would have 21 overhead doors for large trucks on the west side (facing away from Fairview) and 5 doors for smaller, local trucks on the north side (these wouid be visible from the street). Access would be provided using rivo existing driveways on Fairview. The site also has access from an existing driveway on Prior. 5. Required findings Section 62.108(c) of the Zoning Code says that in "order to approve the site plan, the planning commission shall consider and find that the site plan is consistent with" the following: (a) The city's adopted comprehensive plan and development or project plans for sub-areas of the city. The City's recently adopted Land Use Plan supports "compatible mixed use". The site plan is not compatible with the adjacent residential neighborhood. The plan could be made more • compatible by closing the existing driveways on Fairview so that trucks must use Prior and installing sound barriers. The Land Use Plan also says the City should "consider alternatives such as special restrictions on large trucking firms." � G The draft District 11 Plan supports steps to mitigate the impact of the Burlington NoRhen intermodal freight yard which is located '/z mile to the north. Taking steps to mitigate the impact of this site would be consistent with that. (b) Applicable ordinances of the City of Saint Paul. • The site plan does not meet the minimum required setback along Fairview: the required setback for the buiiding is 7'-5" and the proposed site plan shows a setback of 6'. There is a question about whether Fairview Avenue can be used as a truck route. Staff is reviewing this with Public Works and the City Attorney's office and will have more information at the public hearing. There is a question about whether the noise from trucks wouid exceed the maximum levels established in the City's noise ordinance. Staff is recommending that a noise study be done to determine if mitigation, such as noise barriers, is needed to meet these noise limits. "fruckirtg facilities are a permitted use in an I-1 zoning district and the site plan meets all other applicable ordinances. (c) Preservation of unique geologic, geographic or historically sign�cant cha�acterisfics of the city and environmentally sensitive areas. The site plan is consistent with this finding. The site is a paved parking lot on industrial property and the surrounding area is a residentiai neighborhood. The neighborhood has environmental concerns about air pollution from existing truck traffic on the site and the additional fra�c that this facifify woufd generate. Staff is not aware that the site is in violation of any air quality regulations but is contacting the MPCA to confirm this. (d) Protection of adjacent and neighboring properties through reasonable provision for such • matters as surface water drainage, sound and sighf buffers, preservation of views, light and air, and those aspects of design which may have substanfial effecfs on neighboring land uses. The site pian is not consistent with this finding but can be modified so that it is consistent — The residents in the area have complained in the past about truck traffic on Fairview. The site plan calis for using the exisUng driveways on Fairview. This would increase the amount of truck traffic on Fairview. The driveways on Fairview should be closed so tfiat all trucks must use Prior Avenue. There is enough room behind the existing main building for Wcks to get from Prior to the new building. — Noise from trucks on the site would have a substantial effect on neighboring residential land uses on Fairview and Minnehaha. A noise study by an acoustical engineer should be required to determine if noise barriers are needed and if they are, how big they need to be and where they should go. JLT is taiking about constructing another buiiding north ot the truck transfer facility and this could act as a noise barrier if it was large enough and it was for a use that did not generate a lot of additional noise. (e) 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. The site plan is not consistent with this finding but can be modified so that it is consistent — The arrangement of the driveways wiU increase traffic on Fairview Avenue. The existing driveways shouid be closed so that trucks use Prior Avenue. — The building is arranged so that most of the loading docks are on the west side of the building and the building wili biock most of the noise from these docks from residents on • Fairview. However, residents on Minnehaha will be hear noise from these docks unless noise barriers are built. The building also has five docks on the north end of the building close to Fairview and noise barriers are needed for these docks too. 30 (� Creation of energy-conserving design through landscaping and location, orientation and aq 'S a � elevation of structures. • The site plan meets current standards for energy conservation and is consistent with this finding. (g) Safefy and convenience of both vehicular and pedesfian traffic both within the site and in relation to access streets, including tra�c circulafion features, the locations and design of entrances and exits and parking areas within the site. Public Works staff has reviewed the site plan and determined that the plan, including use of existing the driveways on Fairview for the primary access to the truck facility, is safe and consistent with this finding. (h) The satisfactory availability and capacity of siorm and sanitary sewers, including soiutions to any drainage problems in fhe area of the development. There is adequate sewer available. The applicant has not prepared a detailed storm water drainage plan yet. The site plan is consistent with this finding if a condition is added that a drainage plan must be submitted to staff for approval. (i) Suffcient landscaping, fences, walls and parking necessary to meet the above objectives. The site plan is not consistent with this finding but can be modified so that it is consistent: — Additional fences or walls should be constructed, if needed, to block noise to neighboring houses. — There is no iandscaping on the site now. The landscaping shown on the site plan should • be increased by planting shrubs that grow at least 10' tali along the west side of the building. Additional landscaping should be planted around the perimeter of the site where ever noise barriers are required. The noise barriers should be setback 10' from the property line to provide adequate room for landscaping. Q) Site accessibi�ity in accordance with the provisions of the Americans with Disabilities Act (ADA), including parking spaces, passenger loading zones and accessible routes. The site plan is consistent with this finding if one additional handicapped accessible parking space is provided. (k) Provision for erosion and sediment control as specified in the "Ramsey Erosion Sediment and Control Handbook." The site pian does not show erosion or sediment control measures. A condition for approvai of the site pian should be that an erosion and sediment control pian must be submitted to staff forapprovai STAFF RECOMMENDATION: Based on findings 1-5, staff recommends that the site plan be approved subject to the following conditions: 1. The property owner must close the two existing driveways on Fairview at his expense and repiace with them with curb and boulevard so that all trucks coming to the trucking facility wouid have to use Prior Avenue. in the future, if other uses are proposed on the site that would generate Ievels of traffic consistent with the adjacent neighborhood, the City would consider • permitting driveways on Fairview for these uses as long as the trucking facility did not have access to Fairview. 2. The property owner must pay an acoustical engineer to do a noise study. The purpose of this study would be to determine the ievels of noise that could be anticipated from the truck transfer � �) facility and to propose options for mitigating the noise. 3. Based ort ihe resulis ot the noise sur*rey, sound mitigation measures must be designed and —constructed to ensure that the development conforms to City noise regulatio�s. . 4. The setback on Fairview must be increased to 10 feet to permit enough room for landscaping to soften the appearance of the building. The setback must be pianted with shrubs that wiil get at least 10 feet tall when mature to form a continuous row along the entire east side of the building. 5. Additional landscaping must be planted around the perimeter of the site where ever noise barriers are required. The noise barriers must be setback 10' from the property line to provide adequate room for landscaping. 6. A storm water management plan must be submitted to staff tor approval. 7. One additional handicapped accessibie parking space must be provided. 8. An erosion and sediment control plan must be submitted to staff for approval. ! ' • r1 U �1C J'� i M r. wu��- re t e,., � J � k �c '�Gsc re�ee� r eesvr"r`'`' ` h..�,�4 2� PLfMN�� Ct71MlKtttiG�'� cr�' STAFF RECOMMENDATION FOR JLT/DAWES TRUCK FACILITY �� P «'� t� Revised 3/26/99 j-{ cs�� ��] c+ - S� • `l Staf� r2commends that the site plan be approv=d subject to th� foilowing condiYions: 1. Driveways The nortn drivewa/ on Fairview must be clos°d and the south drive�aay must be wid=ned as d2termined by Public Works to handle large trucks. 2. Sound barriers Sound mitigation measures must be designzd and construct2d to ensure that-the dev=lopment conforms to City noise regulations. If wails ara rzquired for sound barriers, they must be in place before the building is occupied. If another new building wilt act as a sound barrier, work mus! begin on that buiiding beforz the trucking building is occuoied. 3. Truck idling Truck engines must be turned ofi wfienever trucks are at the docks or on standing on the site waiting to get to a dock. 4. Parking on adjacent streets Trucks using this site may not park on Fairvew or Minnehaha. 5. Hours of operetion Hours of operation must be limited to between 6 AM and 12 midnight. 6. Setbacks and landscaping The setback on Fairview must be increased to 10 feet to permit enough room for landscaping to soften the appearance of the building. The setback must be planted with shrubs that wiil get at least 10 feet tail when mature to form a continuous row along the entire east side of the building. Additional landscaping must be planted around the perimeter of the site where ever noise barriers are required. Noise barriers or other new bui4dings must be setback 10' from the property line fo provide • adequate room for landscaping. 7. Storm water plan A storm wat2r management plan must b2 submitted to staff for approval. 8. Accessible park+ng One additiona4 handicapped accessib(e parking space must be provided. 9. Erosion and sediment control An erosion and sediment control pian must be submitted to staff for approval. \ J 33 �LTGROUP INC. 739 Vandalia Street • St. Paui, MN 55114 (651) 641-1111 •(651) 641-1244 Fa• ���� April 19, 1999 Peter W. Wazner Assistant City Attorney City of Saint Paul 400 City Hall & Court House 15 W. Ketlogg Boulevard St. Paul, MN 55102 RE: Project: Dawes Trucking @ Minnehaha and Fairview Avenues Dear Mr. Warner: After the last committee meeting of the Plannin� Commission I thou�ht it advisable to • share our thoughts with you in re�ard to the issues that have arisen. It must be noted again that our plan certainly conforms with both the letter and the spirit of the zoning of the property. We are not askin� for variance; but instead others seem to be requesting a chan�e in the types of uses allowed on this site and in the area. As owner of approximately 2,000,000 sq. ft. of industrial property in the Midway, we certainly are familiar with the kinds of activities that occur here on a daily basis. While this particular tenant is a"trucking company", it must be noted that distribution companies in the area often have more truck traffic than might be seen from Dawes Truckin�. In regard to Fairview Avenue being a truck route or not, we find it almost amusing to observe that this particular debate can only be described as what it must have been like to watch medieval theolo�ians arguin� about how many an�els could dance on the head of a pin. Or, perhaps, Bill Clinton explainin� the meanin� of "it." The fact is tnxcks drive regularly on Fairview Avenue. There are si�ns that clearly mark it as a truck route. (We will provide the pictures if someone cares.) City of St. Paul attorney, Mr. Matt Pfhol, has told us it is a truck route. To our knowled�e the • City has never attempted to re�ulate the trucks on Fairview Avenue goin� north from � �Y c�,�, • University Avenue. Perhaps someone can show us that attempt? Candidly, we find it duplicitous to su�gest we cannot use Fairview Avenue for trucks. What will the plan be for our immediate nei�hborin� businesses that re�ularly use trucks today on Fairview Avenue? But, someone minht say this new use will create an undesirable amount of new truck traffic on Fairview Avenue. The truth is that with a smaller buildin� like this there is no way an inordinate amount of new traffic could be created. There has also been a down ri�ht misrepresentin� implication that trucks wil] be "weavin�" and "windin�° their way through nei�hborhood streets. There is as much chance of that as there is of having truck traffic on Summit Avenue. As is so often the case, perhaps some people should pause, catch their breath and rethink what their real problems are. In our view, trucks backing in perpendicular to Fairview Avenue (as is the case on Fairview Avenue) poses a much bigger safety hazard. In addition, a few weeks a�o we cooperated with authorities who used a second story location in one of our buildin�s to observe and arrest suspects due to a significant dru� violation across the street on Minnehaha. While not having heard from the neighborhood on that score, we will say "you're welcome" in advance. • Sound Abatement — we find it interestin� that select commission members have found • the project Q,�v_ of violatin� sound ordinances prior to the buildin� and business havin� yet to be open. Where is the fairness in that position? If the tenant should be in violation of noise ordinance, they shouid be treated as any other business in St. Paul and appropriate measures should be taken. Where does this guilty before openin� come from? In point of fact, this business does not test jackhammers. They have a small fleet of modern equipment and have been a law-abiding business. • Subdivision of Parcel — we were astounded by the suggestion from one member who said that trucks should only enter from Prior because we were out of line (paraphrasing) in our concern over future marketing to other tenants and our ability to spiit the parcel if need be for financin� purposes, etc. I would ask that member if he owned a I S-acre parcel in the middle of the Twin Cities would he want that risht taken away from him? I could believe this suggestion coming from someone with a partisan point of view. From an appointed position of responsibility in seein� that property rights are upheld as part of a commissioner's duty it is astonishin�. We have been a slight bit surprised that there has been less than full support for our continuin� improvements to the parcel. We have spent millions and millions of dollars on this parcel and this new buildin� follows that course. When Bob Kessler came out to discuss the project, he did so in a professionai and rational manner. I did not say he is • squishy cheesecake. Rather he displayed savvy and poise. I have since leazned from a respected peer, Scott Tankenhoff of Hillcrest Development (whose company has made sizable contributions to the improvement of St. Paul) that he also felt Mr. Kessler did a 3� � good job on his most recent project. We were willin� to listen to Mr. Kessler's . suggestions in order to meet time requirements of the tenant. Those timings are now in jeopardy. We understand we had staffs' recommendation and now we are unclear as to where we stand. We would be willing to meet one last time to brin� needed clarity if anyone desires. This includes the issue of a sound barrier. We stand ready to discuss these matters with any and all participants. Thank you for your attention. Sincerely, Jerr�� y "Ffoo� cc: Commission Members Council Member Benanav City Staff Mayor's Office District 11 • u ,z�r_iur �aro��ttv 3� RPR-13-1999 12�18 FIRST RSSET MRNRGEMENT 612 973 1061 P.02i08 /�� �� ` - t SIERRA CLUB North Star Chapcec 779 Clayland Street St. Paul, MN 55109 612-973-1145 (daytime/messages) 651-69?-9303 (home/messages) Apri1 13, 1999 Mayor Notmari COleman City of St. Paul 15 west Kellogg Boulevard St. Paul, MN 55101 RE: RequAat to MaYOr'� Office for Environmental Assessment JL'f Truck Trans£er Site Proposal (Minnehaha e Faizview Av¢niles ) Dear Mayor Coleman: ihe JT.2 Truck i:ansfer Site Proposal fails four of your most important and often- stated development tests: • 11 job creation 2) tax base 3) affordable housing 4) neighboshood preservation • and rejuvenation. The Eocus of the Sierra Club's concern, o£ couzse, is #9--the neighborhood environmental and a.uality-of-life issues. In an eEfott to ensure thac the City cbtains sufficient information to make an appropriate decision on the truck t=ansfer site proposal, the Sie=ra Club recently sponsozed a neighbozhood-based petition effo=t. The petition (co v attached) requested the Minnesota Environmental Quality Board (EQS) to initiate an Environment Assessment Wozksheee (EAw) with tegard to the proposed site. The EQB rejected the EAw petition on the basis of the exemption for structures measuzing less than 100,000 square feet of intezioz sguare Eootage. The pzoposed £acility consists of outdoor loading platforms and paved truck bays in conjunction with intetior temporary scoraqe spaee. Most of the environmental and neighborkood issues, however, revolve around the proposed facility's outdoor activities_ Since this project falls outside the Minnesota EQB's jurisdiction, we are bringing this maCter to the City's attention- The 393 petition siGnatures, obtained by neighborhood volunteers, cleaxly indicate the neighborhood's overwhelming endorsement of the need for such an environmental assessment addressing the following issue�: a1 Safety concerns because the truck entrance and exit driveways on Faizview vill cau5e a significantly increasad traffic hazard £or neigkborhood childzen and Fairview auto traffic; b) Ext=eme noise pollution caused by truck engines and backup signals dusing the "anticipated" operating hours of 'I a.m. to midnight two weeknights and 7 a.m. to 9 p.m• three weeknights, plus some weekend hours; c) ziaht eollution due to powerful bzight lights shining f=om the site into Faizvie*.r a.venue bedrooms at night; d) Pollution of the visual environment in this residential neiqhborhood; e) Water pollution Prom runo££ of hydrocarbons and detergents used to clean pavements; � 37 APR-13-1999 12�19 FIRST ASSET MRNAGEMENT 612 973 1061 P.93i08 f) Increased air pollutioa caused by additional tzuck tra£Eic to a site wichin 12 blocks of Snelling � University, the most polluted site in Minnesota, and running of diesel tzuck eagines while parked at the sice_ The petition siynatuses also teetify to the signezs' belief that the City wi11 be responsive to their concerns. In fact, many of the 343 adult siqners also siqned sepatate, unofficial petition sheets liscing their minor children! It is czitieally important to the future of this unique neighborhood, and 'to ouz childzen, that the City be provided with the requested envizonmencal data. We are therefore now askina that Your of£iee perform an environmental aa3essment of the p=oposed truck tsansfer site develonmene pro�ect• Specifically, we are asking the City to perEoxm an envizonmencal assasssene, to inc2ude the in£ormation speei£ied on the attached YROPOSED ENVIIiONb�L7Tl�L ASSESSMENT. The Twin Cizies Gioup of the Sierra Club also understands "the bigqer pictuse"--the economic and political and economic context Within which developmenL issaes must be decided. we wou2d therefo:e also like to present our views regarding the £irst three -- eeonomic -- issues in the lisc at the beginning of thi� letter: 1) job creation; 2) cax base; and 3) afforflable housing. We be2ieve the proposed truck trans£er sice has litcle economic vaS.ue for St. Paul in tezms of eichet tas base enhancement o= job ereation, and threatens both public safety and the survival of this valuable affordable-houeinq neiqhk�orhood. Although chis Rropezty is not wzder port Authority jurisdiction and is not requesting Cicy Pundinq, nonetheless ue would like Lo compare the Authority's Sxownfields Neiqhborhood Redevelopment Criteria'S economic quidelines. FirSt, add=essing enhancement of the tax base, the Port Authozity iequires that the facility constitute a•'value-added liyhz mznufacturing" use. TI:is truck ZransEer site is a freiqhti transportation faeility to be used Dy independenc truckers, aot a manufacturing facilicy. Second, the pozt Authority's guideline for iob creaiion ie "at leasc one job per 1,000 squa=e feec of buildirg spaee," with "wage rates ac least S9 pe: hour," With 7D5 of nev hires consiszing of St. Paul residents. Although loadir.g and unloading freighc is labor intenszve, such work is mose likely to be hired on a casual basis through "tmmp" ager.cies. Tke proposed truck freight trans£er site wi11 not gene:ate anywhere near the 27 new, full-time, living-crage sta£f jobs chat the Port Authority would require iP this pzopezty were a zeclaimed brownfield. The legally apalicable City developmenc critezia, of course, are set fozth in the St. Paul Comprehensive Land Use P2an. both the new city plan (approved by the Cicy Council and pending approval by the Mecropolican council), and the preceding plan c,hich is still in effect, requite developm.ent to be compatible witk the euiroundinq neighborhood. The new city Land Use Y1an prohibics che constnzction of any new truck traasfer sites anywhere in St. Paul. It is thu3 obvious that City land use policy t:nequivocallY requires compacibilitV with the existinq nei4�orhood. ih¢ Sierra Club has a sincere concern £os preeesvinq the quality of life in this extraordinary urban residentia2 neiqhborhood. This established residential neighborhood, in the Neue21 Park area o£ Hamline-Miduay, is a striking exam�le of a safe, stable, multizacial neighbozhood with a mix of economi-c level3 and housing types, plus many of the resources and amenities that urban planz:ers vould plan in an urban neighborhood iE they Were p2anning a neighbozhood zoday: _public and private elementary 9CI100�9� churches, parks, playgrounds, zecreation centers, bus routes, and locally-owned teLail stores and eatinq establishments, plus a public 2ibraty and nationally known university, 2nd czicically scazce af£ordable housinq. Two days before the Planninq Cemmission hearinq, we were excited and encouzaqed by your public statemenc emphasizing that maYntaining and expanding the supply of affordable housing in St. Paul is a top iiayoral priority. The vast 7najo=ity of homes are owner-occupied, and the vasc majority are we11 saintained. We know the r;r..t,�� t,;nr .an�rA fnr nvr nr;nfihorh�nd. 'oeeause it Lewazds us Lesidents each year estate ta:c¢s, howevet, many smalle.c ot olfler homes s:ill fall into the "a£fo=dable categoty for blue-collar wotkers, veterans, younq families, and empty nestess who appzeciace che many advantaqes of living in Sc. Paul. i • • � � IQ APR-13-1999 12�19 FIRST ASSET MANRGEMENT 612 973 1061 P.04i08 �q -S2 `-� The �roposed tzuck transEer sice, bordered by £a:rviem ar.d Minnehaha Avenues--CWo • o1d resicential streets--is inLrinsically not r.eiqh'corhood-friendly. Noise, air pollution, and pu'alic sa£ety issues together eoastitute a serious, i�i.nent threac to the health of neighbors and the ecoaomic h¢alth of the neighborhood. Noise: The "anticipated" houzs of operation aL :he proposed site estend £roia 7 a.m. till 9 p.m. on so:,�e weeknights and ti12 :cidr.ig�t on oeh¢rs, plus some weekead hours, raith no scaced closing or "quiet hour�." Neighbors on Fair+iew, Minaehaha, and nearby streets will have at most 7 hours o: res�ice on seleetez weel:nights from the zepeated high-decibel backuo signals; those who vork gsaveyard shift xill have little if any rest. Many homes lack air co.^.ditioaing ar.d must leave vindovs open durinq warm weathe=. Accordinq to the National Instituces of Health, lack of adequace sleec can cause oz aggravate ocher health problems. ic also causee children and adults to experience difficulties in memory and concencration, thus zdr•ersely affecting learninq, job performance, and safecy. The addition o£ lancseaping and some noise-baxziet walls, as recommended in the Planning cecsnis>ion's Staf` tteport, would have no ePfect on noise £rom the trucks coming and going on the street; they would also do little to eff2ctively reduce the impact of hiq%�-decibel backup signal noise during the facility's long and lace hours of operation. Air Pollution: The sice will also brinq increased air pollucion, in an area that already has the highesti level of air pollution in the 'hrin Cities. Othe= environmental concerns include runo£f and visual pollucion, which are both cized in the Planning Conmiseion Scaff Feport. The '•big picture" also includes add.itional, unspecified facilities that zhe ownEr has planned for other porcior.s of this site, entailing siill more traffic and pollution. Safetv, however, is our primary concern. It is one thing to say "Not in my backyard," and quite another to say "DOn'i zun over our chiLdren!" • • As many residents reminded the Plannir.g Commission ac itis Mazch 26 public hearing, the proposed truck freight trans£er site is directly onposite 2 overwhelminqly T-nT' worse, The safety issue is paramountl Peak hours of ooeration--in the a£ternoon--eoincide danqerously wish after-school child pedestrian traffic to and £rom zhe neighborhood grocery store at Minnehaha and Fairview, homes and in-home daycare centers in adjacent and nearby blocks, Newe11 Park Recreation Center at Fairview and HewiCt, the public playqround ac Clayland and Chelton Streets, and the public library at Minnehaha and 5nelling Avenues. Even if the child's route does not cross Fairview, we all know that chi.ldren may unexpectedly rur:, skate, skateboard or zide bicycles or tricycles into the street. Neighboss voiced concezns chae the pro�osed sem:.tzailes truck entxazce and exit driveways on Fairview would soon necessitate the widening of Fairview Avenue and consewent loss of the boulevazd ("ttee-lawn"), making such danqer to children even more likely. Residents also testifiec' that evea nov, many trucks are illegaily using Fairview Avenue north o£ Minnehaha--past Nevell Park, going into Pierce-Butler Route--and residential sice-streets as tzuck through xoutes. 2his illegal practice can only be expected co increase if a czuck fze;.qhc cransfer facility is built at Fairview and Minnehaha Avenues. Tn conclusion, neighborhood residents and the 1oca1 5ierra Club believe that the planned cruck transfer site will not confer ar.y signifieant economic oz fiscal benefits on St. Paul, and that 7.ts a�proval vould spe11 danger and neighborhood detezioration, cempromising Hamline-A?idway as a i:nique, sa£e, af£ordable, multiculLUra1 urban neiqhborhood. Even under optimal conditions, with the Planning Cemmission Staf£ Report's recommended mzti.gat:r.g improvements, che approval of this particularly unsuitable project by the City vould threaten public safety and � � 35 qPR-13-1999 12�20 FIRST RSSET MRNRGEMENT PROPOSED ENVIRONMENTAL ASSESMENT JLT Truck Transfer Si�e Minnehaha and FairvieW Avenues 1. Description: Give a complete description of the proposed ancillarv facilities. Emphasize construction and operation methods that wi11 cause physical manipulation of the produce wastes. 612 973 1061 project and P.05i08 and features environment or Indicate the timing and duration of construction activities, 2. Permits and Approvals Required_ List all known local, state, and federal permits, approvals, and funding required. 3. Land Use: Describe current and recent past land use and development on the site and on adjacent laads. Discuss the compatibility of the project with adjacent and nearby land uses; indicate whether any potential conflicts involve envirorunental natters. Identify any potential environmental hazard due to past land uses, such as soil contamination or abaadoned storage tanks. 4. Water Quality - Surface Water Runof£: Compare the quantity and quality of the site runoff before and after the project. Describe methods to be used Lo manage and/or treat runoff. Identify the route(s) and receiving water bodies for runoff from the site; estimate the impact of the runofz on the quality of the receiving waters. 5. Tra£fic and Public Sa£ety: Estimated total Average Dai1y Traffic (ADT) qenerated: Hours oP operation: w2ekdays Weekend Estimated maximun peak hour traffic: Timing/Hours of peak hour operation: For each affected road, indicate the ADT and the directional distribution of traffic with and without the project. Provide an estimate of the imgact on traffic congestion on the affected roads and describe any traffic improvements which wi11 be necessary. ?�ddress any traffic-related public safety concerns. Existing parking spaces: Nuinber of parking spaces added: Identify any possible toxic or other hazardous materials to be transfered or stored. r 1 L J • • � • APR-13-1999 12�21 FIRST ASSET MRNAGEMENT 7. Dust, Odors, and Noise: Wi11 the project generate dust, odors, or noise during construction and/or operation? If yes, describe the sources, characteristics, duration/time of day, quantities, intensitv, and any proposed mitigative measures. Also identify the locations of sensitive receptors (inclvding hvmen popvlations) in the vicinity and estimate the impacts on these receptors. °lq -S 3L1 Describe safety measures and procedures be taken to avoid or • minir.:i2e hazards with regard to such materials. Describe measures to ensure site security. 6. Vehicle-relat2d Air Emissions Provide an estimate of the project's traffic generation on air quality, including carbon monoxide levels, including peak hour and seasonal levels. Discuss the effect of traffic improvements or other mitigation measures on air quality impacts. • � � 8. Parks, Recreation Areas, and Playgrou, Identify any designated parks, recrea playgrounds on or in psoxi,mity to the Describe the resource(s) and identify impacts on the resource{s>. 612 973 1061 P.66i08 as: ion areas, or site. any anticipated Describe any measures to be taken to minimize or avoid adverse impacts. 9_ visual Impact will the project create adverse visual impacts? (Exa�-nples include glare from intense lights and large visible plumes from cooling towers or exhaust stacks.) Describe any measures to be taken to minimize or avoid adverse impacts. 10_ Compatibilitv With Plans: Is the project subject to an adopted local comprehensive land use plan or any other applicable land use, traffic, water, or resource managemant plan of any local, regional, state, or federal aqency? If ves, identify the applicable plan(s), discuss the compatibility of the project with the provisioris of the plan(s), and explain how any conflicts between the project and the plan(s) will be resolved. If no, explain. il. Impact on Infrastructure and Public Services: wi1Z new or expanded utilities, roads, other infzastructure, or public services be required to serve the project or provide for public health or safety? x � �� qPR-13-1999 12�21 FIRST RSSET MRNAGEMENT 612 973 1061 P.07/68 If yes, describe the new or additional infrastructure/services needed, including any infrastructure • that is a"connected action" with respect to the project. 12. Related Developments; Cumulative Impacts: Are future stages of this development planned or likelv? If yes, briefly describe future stages, their timing, and plans for environmental review. Ts this project a subsequent stage of an earlier project? Zf yes, briefZy describe the past development, its timing, and past environmental review. Is other development anticipated on adjacent lands or outlots? If yes, briefly describe the development and its reZationship to the present project. If any of the above are marked Yes, discuss any cumulative environmental impacts resulting from this pro7ect and the other development. 13. Other Potential Environmental Impacts: If the project may cause any adverse environmental impacts which were not addressed by items (1} �hrouqh (12), identify and discuss them here, alonq with any proposed mitigation. 14. Summary of Issues: List any impacts and issues identified above that may require further investigation before the project is • commenced. Discuss any alternatives or mitigative measures that have been or may be considered for these impacts and issues, including those that have been or may be ordered as permit conditions. # # r 1 U ��$' y2. RPR-13-1999 12�21 FIRST ASSET MRNAGEMENT 612 973 1061 P.08i08 �a -s a-y • \ J • constituce 2 taking, dimi.nishing both che peaceable enjoyment o£ our homes azd our propercy values. we implore the Cicy co exercise a11 cue care to see that this r.eighborhood and its quality of life are preserved. Tne first step, we believe is for the City to conduct a thorouqn, eomprehensive environmental/saPety assassment including a1I cancerns a�+dressed in L'ne attached "Proposed Enviromaental Assessment.° we are askinq that this environmental study be compleced and reviewed, includinq a public commer.t period, before any approval is qiven or permi.ts gzanted for the develop�ent of the proposed sice. Please send us a copy of this report {oz any ocher envisonmental, economic, or neighborhood impact studies) immediately upon ics release to the publie. We aze specifically requesting also that the Cicy provide a public coa¢aent period oE at least 30 days following p�blication of the report. Thank you foz your atcention_ Sincerely, � "V' � ` Ronald G. Willia s r�d� � Amelia Ruth xummel Twin Cities �roup sierra Club Attachments 1. Yroposed JL2 Tzucking Transfer Site EAW Petition 2. Proposed Environmenta2 Assessm¢nt ec: councilmember Jzy Benanav Couneil President Dan Sostrem councilmember Jezry Slakey Councilmember Chsistopher Coleman couneilmembez Mike Harris Councilmember Jim Reiter Councilmember Hachy Lantry Gladys Morton, Chair, St. Paul Planning Commission Kathy Loue, Hamline Midway Coalition Pastor Greg Renstrem, Hamline United Methodist Church Pastor Tsu Ker Yang, Y.amline United Methodist church Ginny Yingling, North Star Chapcer Sierra club Bi11 Clap, Esq. � y3 rnTOi a aa �� � �5�. ��.,�� 1Vorth Scar Chapcer 779 Clayland Street Sc. Pau1, MN 55104 /�Pril I.Z 1999 Gladys Motton Ptanning Commission City of Sc. Paul City Hall St. Paut, MN SS10i Dear Ms. Morton: RPR-12-1999 16�24 FIRST ASSET MRNRGEMENT 612 973 1061 P.02i09 Our peciuon to thc Environmental Quality Board (EQB} regarding rhe JLT Tiucking Transfez Faciliry has been denied by the EQB, as explained in thc auached letter to Mayor Coleman. In its stcad, we are ccquestiag that the Ciry Planning Commission recommend that the Ciry perform thc attached "Proposed Envtzonmental Assessment " Please advise your Neighbnrhood Commiace of this maaer before iu'Iliesday momi�,e meeting. Alw, please send copies of this conespondence and attachmenrs to all of your Commission members. Thank you for your attention to tlus mattrr. SincerclY. � . ``61,�,o.SLa.` � . C..l ,� �-�-,.�..z Ronaid G. Williatns Twin Ciues Group Siccra Club cc: Mayor Narmaa Coleman Council Presidcnt Dan Bosnom Caunalmember Jay Benanev Counciimember 7erry Blakey Councilmember Christopher Coleman Councilmemba Mike Harris Councilmembcr Jim Reiter COUncilRlCi6j7ei K3Lhy Tan�'S' Kathy Loue, Hamline Midway Coalition Pastor Crreg Rensiro� �1ine United Methodist Church Fasror Tsu Ker Yang. Hamline United Methodist Church Bill Klap. Esq. • • • �' Y h MRR-3a-15.� _��57 WILDe.4 RESE�RCH oti_ �G% 4523 P.01i2: R9 -s a`1 � Mazch 30, 1999 Gladys Morton, Chair Saint Paul Planning Commission 15 West Kellogg Boulevard Saint Pau(, Minnesota 55102 Dear Ms. Morton_ I am wTiting as a concemed neighbor about the proposed truck transfer facility that 3LT would like to build on Fairview Avenue just south of Minnehaha Avenue. I oppose this use of the property for three main reasons: traffic, air quality and noise. These are not new concems for our neighborhood. We aze ciose to Snelling Avenue, University Avenue, the Burlington Northem Santa Fe �uck-�ain operation, the fairgrounds, the classic caz gatherings on weekends. We already absorb more than our shaze of Saint Pau1's tr�c congestion, exhaust and noise. The cumulative effect leaves us especially vulnerable to negative effects from a siguficant increase in uvcks entering and leaving our neighborhood every day. I understand and respect the owner's interest in getting a good value for his investment in this properiy. The stakes aze very high far me and my neighbors as we11. Por us, this is not just a question of increasing the retum on one profit center in a large real estate holding. We have � poured our savings and our time and caze and pride into our homes. We work hazd to keep up and improve our houses, yards and streetscapes. I am just one of ihe many paople who thought our neighborhood was worth investing many, many hours of personal time into a neighborhood planning process so that we could preserve and improve our quality of life, making our own local contribution to the future vitality of Saint Paul. We did this because we believed the city would support and value our neighborhood voice. We aze not a vrealihy neighborhood but we woik hazd to be a good, strong neighborhaod. We support local businesses, keep up our homes and yards and live respectfully alongside neighbors who aze different from us. But these accomplishmenu aze fragile and aze under increasing pressure. I believe that in the long term, Saint Paul would reap greater benefits and prevent more problems by showing support for our neighborhood on this issue, rather than by allowing this resident- unfriendly use of an industrial property that is located where people live. Sinc�ely, . ' ( n C i, _.�.r� �, �,�__. Ginger Hop � • 1728 Blair Avenue Saint Paul, Minnesota 55104 REGEIVED MAR 3 0 1999 ELANNING & ECONOMIC DEVEIAPMENT ibiy L TOTRL P.01 TS- "I 03/29/1959 23'°0 6127211649 K�NNE�Y TR?ti5 La{E PA6c 02 t�1�R 3 0 1�99 RECE��ED Mazch 29, 1999 � Ms. Gladys Morton Chsir, St. Paul Planning Commission 15 West Kellogg Blvd $t. Paut, MTv� 55102 Dear Ms. Morcon, ��jy�i&ECONOM�C DEYELO�ti1� It was with regret and constemation that I heard that JLT, owners of the property at Fairview and Minnehahe Avenues are planning to lease it out as a trucking hub. Futther, access and egress to the property is to be on Fairview Avenue due to the wishes of the owner. although there aze residences directly aczoss the street. I have been a resident of this neighborhood since I moved to St. Paul six years ago. I came to this neighborhood because my son and his family ]ive here. I have become active in local affairs and recently bought a house here. When I first moved in, the neighborhood was not rated very well compared to other areas. I have watched it change; people here care Many btock clubs have been formed in recent yeazs, most people care about their property and, importandy, property prices have risen 15 percent in the last year. 'fhic does not occcu ifthe area is not perceived as viabie. i was unable to attend the heazing last week, but know you heard many residents cite their concerns about the use of this property, so I'll not repeat them. I DO caze about the quality of life here, especially as my gandchildren, and a lot of other children, live here. t atso understand that the Pozt Authority has set certain criteria for the use of property; which does not include tcuck uansfer areas. Usin¢ this property for truck transfer will not add value to the neighborhood, will not creaze many jobs, does not help the tax base, and certainly wiil creaie many problems for the neighborhood. It is also not the hzghest and best use of the property. I am certain that the owner can find better use for it, if he tries. Housing units for the e(derly who wish to stay here aze certainly an option and much needed. I do hope chat the Planning Commission arrives at a solution that is win-win, and that the neighborhood does not lose out due to the des'ues of a single person. i ��S'n elyc� Iiamet J. �ednick 1783 W. Thomas Avenue St. Paul, MN 55104 • � Yt From: iom M�nn^r Fw (fi51j659-91q Voica �651)fi59-911) To� Connniss�oner G�aAys Motlon at rJO Mr Tcm E¢ac� CM�e 1 oR Suntlay. Marc� 29. 1999 I:0) i9 F.0 �� -S 2-�j • Swida��, �farch 23. 1999 Commissioner Glad��s \forton St. Paul Plaivun� Conuuission 1? F�'est I�ello�e Boule�'ard St. Paul. \I\ ?�102 F_�Z: Go Tom Bzacli. 266-9099 Dear Coitunissioner \torton: Thatilc }�uu for tha opporhmitt to spaak to flia Plamiins Connnissiou durine �•our puUlic hearin� last Frida}�. I am sure it �ti'as oU�'iuus that I am nut accustomed to speaking Uefore committaas such as this. I appraciata }�our patiauca as I shuubkd to m� puint. I am ��'ritiu� to } ou to remind of the tremendotts uuportanez ti� e placa on tlia issue of the proposed JLT dz��alopment at 625 Fain•ia�v A�e. I faal our commm�ih is 1 modal for tUe cih of St. Paul. Tlia prassuras oY da�'elopmant in our araa ara da�radine our community to the point �vhere ��'e arz a(1 considering li��iu� altemnti� es outside the Cih� Of St. Paul. I aut surz t�oti t� ill agrae that tliis �4'ould Ue a loss to the cirv as a ��'(iola. \�"e solicit }'our support attd t11z support of tl�a Pla�witlg Committaa in ancoura�ine JLT to radirzct this sitz uito a partnersl�ip �cith our neighUorliood that w•ill beuefit SLT uid our neigiiborhuod. Our ueiohborhood is a di� arse ueiohborhood. h1y� strzat nlona iucludas fmnilias of sevaral • afluiic backeirounds, Eldarl�� parsons. �"atarans, a collasa professor. a Ia�F}�ar, a fork lift operator, tnick dri�'er, euginears, tnanaeers, tneat pacl:er etc... R'e all ��ork toaather to impru��e Uie ueiohborhood utd participlta in n�iol�borhood watch prosrlms pl:mrino flo« ars aud maintauiiug cotmnon araas. Tha sa��ing "it takas a couuuu»ih� to rnisa a child" is nut lost to fear iu our neiahUorhovd. �'e are a"couuuuuih'� in tlie h�aditional sansa, ,y�at fouiid a Ualluce with modem d1y proUlzms that pl�gua uiam� cih• couunuiuties toda�•. Cla1r1�� our communih� neads to ba nurhirad 1nd dacaloped by tha cit�.• of St. Paul. • Our naiol�Uarhood has ahcaJ•s eneouragad busivass dacefopment. Eaeh y�aar ��e hava a picnic. �Va al�ca}s im'ita businassas in tl�a <uea to attaud. Thosz tliat cntutot ara trelted to UarUecue at ���ork. In man�• cases t�'a lia��e resolved mnn} disputes ���ith busiuesses ti��ithout tlie nonnal confi•outations that go�anuuaut nuut fi�equantl}• mediata. I undarstnnd fliat tlie plamune committee ma` lia��e little rzcoursa «hen a dz��eloper such as JLT entars tha areua �vith a Izoal attihida tliat say's "Let's look at the facts•" and "the nzighhor�l�ood's espectations doii t Yit zonina la�vs". C1ear14� I am not as ncquainted �vi8i zoning laG�'s as JLT lppears to ba. Ho�ve�•ar, I thiiili it is clzar fliat JLT is not iuterastzd ui thz ��alua tl�is neigh6orhvod Urings our cih�, a neigliUorhood vf �vhich «e 1re cei} proud. Should «a facz loud uoisas uutil rivah�a uiidnight, I and mmn' of my naighbors «�ill Uegiu to look for houseiue else�vliere. The brzlkup of our neiahUahood will no douUt result ui an incrzase ai low-income rantal housnig, rlUier d�an tlie currant tuix of locv- to moderate- uicome o«Yier -occupaut liousntg we currently enjdy. Tha cost to thz city for 8us sluft in housmg «�ould be suUstaurial. The benefit to JLT would also be substantial, as it clearly � �7 crom_ioinMi�+��°r Far..(551)659-91UVOice(S51)65 ToCOnimisslooerGaAysMOrtanatdoMr.TOmBeac� Paye2oRSunday.March2&199910ASlPU ��'ould ot�ar a ereat pool of lo�v-waga ��orkars ideal for tha industn� tha� proposa far tl�is � sitz. I sincaral�• liopa that JLT «ill joni us in fmd'ui� an altamatica usa for this sita. I faal flia taam «ork approacli to ecouomic dac�elopuieut ui our arza has bean profitable to our comnlunih�, iha cin�. and thz busuiesses in our arza. I solicit tha piaminie conunissivn to rajact Uia cun proposal and eucouraQe JLT to bruiQ a ua�v proposal to tha tabla fliat ��'ill iucluda tha support of tha uaiehUorhood of wluch tha}� ���ish to bzcome a part. Tl�oivas �Iu�dzr 76� Tahuu Street St. Paul. �N » 10-4 • � � �� -������� �N� �,���1u�;,�v �c��}�_� �l�,l'�� \����C`tl\1�:��� �T l�:n� �):� ��1,� _ �� r \Q.1�C�1 a,�4 1 g q q �-� � � . \ o� �C,or�� mt��o^�`� �r n U � � �1 U:�o� v� ,� �G �'�l �113� � U,hC_� a� ����� C���-��� ��.���.�� ��.���� � Q.�`� � �,`�o„�.` ��L� o� r��� `�0�� �"��.�wv..�; , a`�� �\�4^�� 1�v��� �.�.�: �) a�.p.� \��0'`�,� �;h 55 � U�� . ��'t�1 \�.�t��.�e, �w i�'��. ���.o. ��.3�� �.).'��, oh ��fi�-ha�.�,�� �i�,,��o�� Co��.� '� `�., �\ ,�,,'�,. � �,�, ��� mo�/ Ov.� 4.,���, �\ ��u�� t� � ���� '.� �--`�� � a,��.� � �, \>\ ���o.,�� �-..,�,ti�,�,L W v��� . -c�.�� , � �,�.� Y ��- ?����.U.>��� , �.� �1�„� ����m U.�. , � �a\ �>c� � o \�1«:��k� � y �'' �1�. S ��� V.�a,\S.� �,`��.�., �z^�� ���- � ����, . ��� _�� a,� �: � �.; 0,�12, �� ��.�� . � .ca�Cc� o`����s � wo'U� �E C�a�k v�a`���h �,��� ��c��.wv�l��'� . �� -l�c�.,��`� ��o��.t� v� ��� v"�`�`��,, � ,c��. c " ��\`�� � �_�L��- ��.ti.`., \�.; ���� � — ����� ��i�� '�1`. f�\`��L�lc���:i. ��� `���}�, l �, \1� C�»\���� 1Lp ��.�\\��C�. � �,\ `�.� Q..� \'�. . �, � ��o.��` � c� ��.,'�,,�nc. I�;.fi, �J �.� ��.r ..����vJ���. ...�,�� � a����� � ���� �v�� ��� ern :� � ��.�.�c��t� C ��v �c4.,�. ��� �.�.Yc. �� �� c�.�> �L , �.i`L�C�t� .�� h,ti`�, C,'���C� e�.� �n� cl _ U�� R�1R� n� �.�s��Y�� , �r �.���� � �� , -�,.�L �t�cx2, ���.�' ��>v.��.�,c�� l�� �.�.��tZ• , � 0.�� �r. �.�� �ta �� - � ^�� �v'V;.�C�� ���.nl ����� 0.��- � �i �U.� �U.�� �� U�k' \N-- � '��'� 'C��� � -� .,��c�..�.0 � �.,�e��' � Cu�c� .������ !� a-0.,�� �.'���.�, v�� ��. " S o � �, c�- . , , \C�` ��-� r� ��9;�." �A Z�,wvC�� �� C v I� C� �� ;�C� r hov.�..�.�c���,,,r�,���� c��� _��,� ��� ��: .'.�T,��.�. C�.`c��� ;a► �.�,�,�c���Z�. ��v�.i, ��,�5..�..ti �, �� n���� h��� �,��.z�, �;�.�.��Yb� a� g,,:,�, �� �.�....�v.sh�. ���l� '���...D��C�L. �-��S `b� i C�ioRA�; �0 �� �\��.y uoNT \�� <A ��� 0 C= N y ��_ � r. qq-S�y � 59 iv.BT'CY7 25. 177� • ?lease Consider: Increased noise pollution Increased traffic Lac�c cf routes to exit area ail of t^.e aoove exist here. In; 1997 and 1998 a trai2er stora;e area was at the same locatior.. �rucks were enterin� and exiting a� all hours. inis �ade mucn noise pollution, caused �y hard 'cra{ing and loud acceleration. If trucks use �airvzew ;oin� ��iorth; a semapnore would be �:eeded at P�:innehaha Avenue. In 1993 this cost was �25,000.00. If goin� east on �',innehaha to 3r.ellin�, t'r:ey er.t°r a^ already over used intersection. Cur residents are much closer to tha propo�ed area than t�.e resider�ts of B:vS? i�.idway Container Yard• `iheir corplairts to noise nave been stron� in oppositioa ior • ma^y years. These homes were mostly built around 1910, so tney have bee:� around lon�er tnan this business. � We live in a home ow;zed by the family from the time it was built. �espectfully Eu�er.e and �arbara Louden 1802 BZa�r nvenue 051-644-724 � �� n -�" � � f_ l L `! � `<"�%?�z L � �/ C` / �G�� � ���� • � So i;R-29-0� �ON 15�1° Chri;tine E. Olsen 1833 W. Nfinnchaha S:. Paul, itiIIv 55104 I�larch 29, 1999 • Gladys 1�foROn Planning Commission c/o Jean Birkhalz 1100 Cily Hall 25 W. 4 St. St. Paul, MN 55101 Dear Ms. Morton: PRT DuPPRTi�::tiT FRK ti0. 612c257co: RECEIVED MAR 2 6 199� E1.fiL'(NING & ECONOMIC DEYELOPMEPII .� � �S a-`{ I live across the street from the proposed Dawes Truck Temvnal. I am concerned about this proposed facility and it's impact on the neighborhood. Cathy Lue, from the HamlinaMidway Coalition, contacted me as soon as they knew about the proposed plan. I attended a meeting with JLT (Jerry Trooien and 7oe Meyers), Cathy Lue, and several other members of the community on February 17 at TLT's offices. At this meeting fhe plan was presenled and concerns fi�oin the neighbors discussed. Those conccrns includcd light, sound, air pollutioi�, a�id tralT'ic. Tl�c piaci sliowed the use ofFairview instead ofPrior. From conversations Cathy had with Tom Beech she,knew that JLT was told not to use Fairview. The ne'sghbor5 asked JLT to not use Fairview and to consider soma other use for ilus site. Mr. Trooien's response to al1 of this was that he was the owner and, since it was zoned industrial, he could do as he wanted. He also totd us he had a signed contrad with Dawes for the trucking facility and that this was a done deal. Dawes would be doing for the community. A second mce[ing, at Dawes reqaest, was held on March 16 at the Hamline Library. At that meeting John McDaniels was questioned about Dawes operations. Many of the same issues were covered. Mr. McDaniels was also asked wha.t Dawes would be bringing to the neighbothood and St. Paul. None of thejobs would be newjobs coming into the community. It was unclear what other positive things A tnird cornmunity meeting was held on March 22 at Iv'ewell Park. At this meeting approximately 45 neiglzbors expressed tltcir concerns for a trucking faciIity in the neighborhood. The neighbors voted overwhelmingly to oppose the truCking facility. I reafize that thece will be some kind of development on this site and understand why this would happen. What I don't understand is why something more compatib(e with the neighborhood and community couidn't be found. I am cvilling to work with 7LT in further development of their property to fit the needs ands concerns of the community. • erely, ._}.. � Lti.,,�.a Christine E. Olsen � �-�'�"` � � S/ i 779 C1ayland Street Saint Pau1, MN 55104 March 26, 1999 Saint Paul Planning Commission City Ha11 Saint Paul, N�i7 55101 RE: Proposed Truck Transfer Site Fairview & Minnehaha Avenues Gentlepersons: My husband and I are homeowners 2 short blocks north and one short block west of the proposed truck transfer site. I work as a customer service representative for an insurance coinpany. We bought our 1-1/2 story home 3 years ago with a VA loan and $0 down. � Just this past Wednesday, I heard Mayor Coleman on the radio, • proclaiming renewed concern about the extreme shortage of affordable housing in Saint Paul. Our Hamline-Midway neighborhood consists largely of this scarce commodity! Hamline-Midway is also a unique model of diversity and stability in the Twin Cities. We are old and young, with lots of children as we11 as retirees. We are blue collar, middle class, and professionals. We are also white and black and Hmong and Native American; the neighborhood church we belong to is bilingual and bicultural--English and Hmong. We have parks, rec centers, playgrounds, schools, churches, libraries, a nationally ]cnown university, and neighborhood stores. We have active block clubs. We maintain and update and improve our homes, and the government shows its appreciation by raising our tax-assessed value every year... If you were trying to plan a modern urban neighborhood, it would be very much like ours! But the proposed truck transfer site bordered by Fairview and Minnehaha Avenues--two old residential streets--is not neighborhood-friendly! • �t S Z �q -S2-y � z The "anticipaLed" hours of operatio� at the p site extend from 7 a.m. ti11 9 p.m. on some wee;cnig=cs and ti11 midnight on others, plus some weekend hours, wi:n no stated closing or "cxuiet hours." Neighbors on Fairview, N'_nnehaha, and nearby streets wi11 have at most 7 hours of respite on selected wee;cnights from the repeated high-decibel backup signals. And those who work graveyard shift will have little if a�y rest. The site wi11 also bring increased air pollution, in an area that already has among the highest levels of air pollution in the Twin Cities. Other environmental concerns inclua2 runoff and visual pollution, which are both cited in the Planning Commission Staff Report. But the environmental damage to our neighborhood is not as important as the threat to neighborhood safety. Semi's and all the smaller trucks turning onto and off of Fairview to access this site--opposite our newly reopened neighborhood store--would pose a grav2 hazard, especially for children. • OK, let's look at the "big picture": Per2aps, as the Plann�ng Commission's Sta£f Report advises, the entrance and exit could be on Prior instead of Fairview. The proposed truck transfer site could be toned down and prettied up, behind landscaping and some noise-barrier wa11s, as recommended by the Staff Report. Let's ca11 a spade a spade--this is the typical fig-leaf solution to unsuitable development! The noise, even if somewhat muffled, would still be a big problem for neighbors during the facility's long and late hours of operation. The bia picture also includes the additional facilities that the owner has planned for other portions of this site, entailing sti11 more traffic and pollution. The planned truck transfer site wi11 not confer any benefits at all on our neighborhood! Even under optimal conditions, it will have a deleterious effect on our quality of life. Approval of this particularly unsuitable project would therefore constitute a"taking" from neighborhood residents, diminishing both our peaceable enjoyment of our homes and our property values. This • project would also compromise Hamline-Midway as a safe, affordable, multicultural modern urban neighborhood. The Planning Commission must exercise all due care to see that this � 53 3 neighborhood and its quality of life are preserved. Thank you for your attention. Sincerely, Amelia R. Hummel cc: Mayor Norman Coleman Councilmember Jay Benanav Council President Dan Bostrom Councilmember Jerry Blakey Councilmember Christopher Coleman Councilmember Mike Harris Councilmember Jim Reiter Councilmember Kathy Lantry � • • '�' Sy , ni.To�aMinrl?r Fz�:(nit)659-910VO1ce.�65�)659�910TO'COmmrsslnnxGUCysNnrtontloAlr.TOmBearhatSCPaWNannmgCoinmisson Frg+tnf3StturdayMarc�2].199A3:dn;epy �Q �J � t • Corrunissioner Gladrs \iorton St. Paul Planning Cemmission 1� R'est I�el1o� Eoulecard 5[. Paul, bL\ »102 F.�Z: C,/o Tom Beach, 266-9099 Dear Coaunissioner \Lorton: I ain �nateE�il tor tlie opporauiin• aEforded U}• die coaunission to state m}• opia�oiis regarding the proposed necr taick [ransker kacilite- [oc G2� Fairc Arenue. I hac-e li� in the nei�hbochood adjacent to this proposed facility� for ten �•eats, and « � z: en the opporhinitf to �cork c d7e H:unline �Iid�ca} Coalition Yor die past inondt eonceming et�s site. \iy husband and I purchased a house on Tatum Stree[ ten }�zacs ago this mend�. \�'e, like odiers in eur neighborhood, chose to li� in an inner-city neighborhood, c�illingl�• ttading highec noise lzcels a�id trafdc for afTordable housing, a caciallt mited area, economically diverse neia green parks fer eur children, pcozimity m Haml�ne lini� and Hancock Elementar}•, and thricing businesses along Snelling:lcenue. The Ae�cell Park neighborhood still oEters all diose d�ings to a great miE of people, including lo�cer-income, ieorking class, and pcofessional people of all races and ages. R'e hace created secernl block clubs, Ccime R�atclies, and m�� neighbor and I organize a nei��rhbothood-�vide P�g Roast in our local pla}•�round each summer ���hich im hundreds oEcesidents. \�'e do no[ have a horrible crime rate, trouble u-i[h daigs, or gangs. • \�'e luie� ��heti �.e purchasrd a hoine in the ciry that �ce coutd not e�pect die quiet of a suburb, the clean air of the counhy, but on 6alance our needs �cere met. At the tm1e, ece did I,now that the site comered by Dlmnehaha and Fai:ciew �cas zoned I-1, or lib t industry. T7ic site, ichidt has had industrial uses for ocei si�t�r years, c.as a facility Eor a computer compan�� at the time. �f e did not a ce it much consideration, because �ce, reasonably, assumed that industrial sites adjoining residential sites must make reasonable accommodations. A distinction must be make betc �chat neighbors could reasonably espect for decelopment on this site, and evhat is happening no�c. A computer faciliry is a faz ccZ� from a trucking tieet �chich intends to operate hea��� tn�cks unTil 12 midnight, and, indeed, the ciry's adopted land use plan itselt saps the cit} should consider altematices such as special resttictions on lar�e micking firms. Thus, having a large tnickuig hcm move in doccn the street «�as, in my opinien, neither foreseeable nor reasonaUle. IS THIS SITE PL_-L� StiITABLE FOR CO3IPATIBLE bIISED tiSE I\ ACCORD iVCE ��TTH THE CIT�'S L_S:\D USE PLrL� � At present, it is not. Planning Corrunittee staft cecommend that it can be made so bj• mo�-ing its entcance and using sound baniers. I su�est that an}' comp:uiy opetating nois}' [iucks, unloading eyuipment such as forklifts and hydraulic lifts, from secen in the moming ttntil midnight is not compatible with a residential area. Period. No amount c+F sound restrictions �cilt cempletel�� muffle out these sounds. L� addition, die lights used bp JLT have consistentl� cteated a peoblein and haee not been remedied (despite empty promises by JL"� since JLT bought the site. In some cases the lights shining into adjoining houses remain so bright, all night, that one can read at night with no intcmal lights on. Such use deprives adjacent properties oE sleep, enjoyment of u X� ,ss f�om: icn M�mler Fa: (651)6549IR Vome. (fi51)fi59-5111 To Cnn:missloner GIZN's Morton rlo Alr.TOm Beach zt SL Pa:J �lann•r.g Ccmmisson �a9? 7 0' 3 SaturAay. MarcA 27. 1999 3'd' FU land, and creates a nuisance. � cemprehensice zoning plan e�ists ro stabdize pmpeet;,• uses. Ligh[ industrial acti�-in' such as computer assembly, ottice or edier 8-�, ltbhtec n�ise and trtftic use is �vi[hin the intent of the zoning, and also allows neighbors to continue to live and enio5�, ecen impro�e, their homes. ?. nuisance use �cill, rathec, destaUilize the adjacent residential area, as dap care centers ma5• (ose business, prepertc values mac c•,-ell decrease, and diosr of us «ho lia� worked hard ro keep die neigliborhood clean and decent look for other ptaces to lis-e. DOES THE ECONObIIC INTE£.EST OF JLT L� DE�"ELOPI��G THIS SITE FOR A TRIICI�TG F�CILITI OUTI�'EIGH THE INT'ERESTS OF I`TEIGHP>ORS ��TD THE CITl OF ST. P�UL? �s die o�cnec o£ [he site, TLT has the nght to decelep tt and make a pcota. Eut its interests do not ounceigh those of the citc and its neighborheoc. In this instance, TLT might lose profi[ in not deceloping [his site Eor the pcesent pu:pose, but that �ci11 be minga[ed bp its abiliq' to de� e(op it for more suitabte ptojec[s. The cin has an inrerest in m:iintaining affordable heusinb fer its cesidents, and that �cill not be mitib red by any addicional propecty' taties, etc. realized b�� rhis development. ��'i11 urban spra�cl rzsulting from residen[s fleeing [his area beneti[ the citf? Nor �vill d�e increased ttaTTlc en Faircie�v and Unicersits result in anydiing but increased maintenance costs. Similarl�, tne hemee« and pcopertp o�cnecs cannot mitigate the loss of the value o[ eu� pr�pecty �vith a neisp facility opeca[ing from secen untii midni�ht, keeping us accake, �: akmg oue children, �:-idz hea�-�• traEYic cempeting ter scheol buses and leacin� us onlc one majoc outlet, DIuinefiaha, Erom �cliidi to entu or lea�-e our neigftUorhood d�at is not ria� eled 6-r hea� trucks. �C�L3T IS THE TREND I'OR ZONIN G I�i �' T�IIS ARL' _'.:' The \lidc Hei�itts nei�bochood esisted before the industrial use. \Ianp homes �cere buil� in late 1390s, or earl}• 1900s--homes «ith historical and architectucat value. But, clearl}, flze are�a has become home to industrial decelopmrnt. But not e�clusirely. ��'e have seen thc cih• impro�-e our NeR Park corcununit�� building and playground, and open rno nec� scheols in the iinmediate aces of this trucl;ing site. Sucely it is not in the best interest oFancone to deliberatel}- locate large b oups of childcen neac such a site. The cit}• has not indicated that residential use in this area �z'ill wane until it becomes so(elc industrial. Theretere, this site cnust be deceloped in a caa�- that �cil1 centimie to be compaCble and not hacmLul io the residential decelopment. ��"e are not asking that jLT tum this area into a park,. Of mucse as a neighborhood a�e must be espected to enduce seme incon�enience rather than cur[aiI jLTs fceedom te use its site to inake a pcofit, Uut TLT must also use this pcoperty ui a cFa}' ��at causes no un:easonable haan to us. �Iodem societp requires Eactories, smelters, and taickin� Elee[s, and such acti��icies are not nuisances if carned on in suitable lecalities and the adce�se impact on neighbocutg localities is onlc acoida6le at pcohibitive cost. �C e suggest dtat using dzis site fot a diEEerent, more suitable and respectful pucpose, does net censtimte prohibitice cost ro JLT. ��`hat �cill be prohibiti�e is the cost to us—these actic�des �cill interfere substantiallp and Luzteasonably R-ith the interest oE substan[ial numbers oE landholders in the usc of enjopmrnt of our land, interfere with our health, comfort and concenience by emission oE unpleasant odors, fumes, loud noises, etcessive light, and much additional and dangerous heavy traffic. • • • � ,� ` Frmn:TOm�ninrix Fm:(651)659-911]VOice:(651�55491BTa'COmm�ssinnerGlatlySMOrtontloMr.TOmBeachat Pa9n3ot3SaNr�ay.Marc�2].19993a859Fnf �q_sa`I � • • The old masim One \tust Use His Propertc So ds tiot To Injure That of �lnothec is deeplF imbedded in rlmecican laR-. This should also applc to industrial sites that are bordered on ta sides, closelS•, b5• houses. EceR- industrial anno}•ance cannot be addressed, of course, noc erers thing that burdens the peace and ttanquillitc of a neighborhood. But in a neib berhood that is alread5• burdened to the bteaking point bc encroaching industrial anno}•ances, it is necessar�� for the ci�t� to look at its compzehensice plan and detemvne �chether a trucking facilitq is reasonable to be placed in this site. Should the ciri of St. Paul sacrifice an ethnicalls dicerse, economicallj• miszd, histocicallz' significani neigltborhood for die sake e[ a particular h�e ok de� Should the cin• favor this deF cather than nurture and support a neighborho�d that is a benefit to the cin'� Is this sitz reall} appropriate �chen the lack of aEfocdable housin� has reached a crisis, �chen ucban spca�vl has beceme au issue addressed bp dze Goccnzor of Dlinnesota, c•hen di� bIa} oT St. Paul openlc reiteraces his support Eor inneo-ciR� neighborhoods+ I respectfiilly subcnit to this conunittee that it is not. Thank pou for j•our consideration of these cemarks. Sincerely, Tulie Grifhn 7G�4 Tatum TahiarChelton Block Club Leadre � s� MRR.13.1999 6�43PM HFlMLIIJEihiIDWAY N0.280 P.2 AY HAMLINE M�DWAY CQA.LIT�ON Ham4ne Park Plsp;round I3uildiug � t5G4 LaFoad Avenue, Saint Paul, D9�'i 55104 � 612-646•14S6 � 61Z-641-G I23 March 13,1999 Ms. Gladys 1Vlorton, Chair St. Paul Planning Commission 15 W. Kelloag Blvd. St. PauJ, MN 557.02 Dear Ms. Morton: I am writing on behalf of the Hamline Midway Coalirion Board of Directors. �t its NIarch 16th meeting, the '6oard of Directors voted ++na.��mously to oppose JL'I' Company's proposal £or a truck transfer facility on Fairview and 1�tinnehalla Avenues in St. Paul. We want to thanlc you for � anfing a publzc heazing on this si�nificant issue, �vhich we underst is scheduled for March 26th. � The HNIC Eoard of Directors x�quests that, if possible, the heazing Ue held after usual business daytime hours, so tl�1t constituents who would be affected by fliis proposed operation would be ablc• tu paTti.cipate in the hearina, T# you have questions, please contact zne or Jodi Bantley, HNIC Executive T7ireccor. Thantc you. - Sincerely, /�/�. ,� � L Cath�rine Lue, Community Organizer tr. Councilmember Jay Benanav Steve IvlcKeown, HYi IC President Pat Teiken, HMC Treasuzer and Sub-distxict A Representative Dedicated to snaking t�e Hamlirae dtitfwaY s2e{gbbo-rhood a befler ptate to tiae asu! rWrk. ��a�, ��w��� \ J �J • �F S� � h1tiR. �.1Sy'3 S�1�Phl HAt�LiNEihlI�b1HY !� ,1 � � HAMLINE MID�V N0.45E_P.1_ Post-it' F2x Note 7671 � 3_ ¢ To��M �[l�CFI From �.�l'f'N c���c=_Ft �.1.G.P. co. Pt+cne * Pror:e d i . .. Z6G- qo9R Ii3mline Park Placground Bwidin, � 1i64 L�fond �venue, Saint Paul, hiV �i I04 � 612•64G-19sG + 61:•641-6123 • �s-ch 4, 1994 �-5. GLdys Mortoz C1Lirpe:son St Paul Planning Cou~�:-xtission 15 W Kello� Blvd. St. Pau11V�' 557.02 " Dezr �4s. iVlorton: Lu E � _ �-y On UehalE of the TiamL-�e �2zdw av Coailition (FLy1C�.Board of DirecEors, T am requesting that the St. Pau� Planning Comnussion hold a puUlic hearing JLT Cumpany-'s pzoposed freight transfer facility on Fairvievv and W.est �riinnehaha'A.venues. This request is based on the unanimously shared eonceir�s oE Ulock chtb 3eaders and other neighbors li�•ing close to the proposed sit�e, who met with Coalition zepresentatives on Febn�ai�• 24. These consfituenis and T�C w to pGblicl;�� sllare the follo�ain; cox�cems: 1; The residential area adjacent to JLT's propexEy is alzeadp satvrated with aix and noise pollu�on from the entire industrial corridoY in,ihe westernportion of District 11. 2) Such a Eacility would necessarily generaEe additional noise polluiion irom increased fruck traffic, indudin� the possibiLty of noise fzom id.l�nj hucks. 3) Lil:e�vise, flt� proposed facility would incsease ai: pollurion, par�cularly the unileallhy diesel fimles from i�ucl<s. ,Several area residenis aze alze2dy aftlicted cvitn respiratory pxoUlems• . , 4) The siee plan sug�zsts that'izuc�: txaffic w'ould entex/eo ess on'Fairview Avenue, dizectly across the sireet from a ro�nT of homes. Ineseased traffic rn1 Fain West IvSinnehaha and Prior Avezuies, consideruzg their heavy cunent use in conjvnction wiCh the industrial corridor and Suzlino on Northem-Santa Fe Railroad T-TuU Site, is hi�hly tutiwelcome. 5) Questions about the pruposed facility's hovrs of opera�on and daily volume of txaffie hace not been satisfacEorily answezed. HtiiC is IZOpeful that the Plaruung Co�ruivssion r,cill d ant tivs request for a public hearing on flie JLT proposal. Please conEact me or Cathy Lus, 651-6�10-19S6 wifh youz decision. Thanlc you fer y our considerafion. Sincerzly, ��� m��� Jodi \�f. SantIey Executive Director • /jmU cc: Steve 2vicl�eocvn, I�vIC Board Presidene Cath}r Lue, I3MC Community Ozgaz�izez Council��e� �is��y�,$��Fp�E Hamlina �tlzdioay neighborbood a belter place to lue and work. sr, ��: � i•;� � ,��:..;. � 3 5� Feb-22-99 05:23P JLT u_�2�:98 1G:1: td.t ootoaiace. 651 641 1244 P_02 ���GR�UF 1�lC. �„,��� � 738 Yandai4e Stre4i •� 4 'auE, µ� `�"`�tia (sst� 64s-St1 S�(fi51) �eb�uazy 2?. 1499 41F- �l utit Bc;OLEi 7Qlllil�, S�CtiL:l�]SL City af 5�.1'v+il i7t�icr uf Lfcen�c, [nspccEiocr aud £nYironmental 3_+0 S�. Pcccr Surci. Su=�z J�� S�-I':�ui,htN 551Ur-ISIO Dcu bi:. F3ca:.i:: l4`� vruu3.i li�� tn ga befacc dte Piaaeli�� Comiwssioti w;t':i uiu ptans f�ar I}swes ` Tt3wax��R o�� FebrwrS i�, 19w9. n�1r- Bci1r T will be sLhenitting the plans yau requestccl u socro s� tfr�y srn pcirued; eitheF li�ay or wnlor•e��'. '�luuii you. ti:ne�rtl}. ��"'-��-� ��� fiurc Wiitiam��n 31�5 Gcoup, ��- t`A u � � � `O � �� ,�vo, - l�r wirt� �� � �v • @ e� � ��� ' dc7=l �``''>s � � {�'�� . t �, ����� i .i9�.� �iv's �n`�. � T'( �V. ��, � � � ���vt. �'i v �r i r�f -- :��.� ����� U��n r�n,�� �-I �o f O '• �O r��n� �ta 1���o�n � l�( � �� _; ; ; � � '�] � /�V � �� ; ��. �`����t �� �;� t� - I � 1°U � � � �, �o��� �..�v�..� f ��i ��� �.�,��► 55 No t,�.R� : t ls Vdt i�t G�1�7 4�iVJ t 1'P"/�V.; �N._�.� !° � �� �� v,t'. GAR� � ,t �� � I t'^Zf��Cii ��-� i'T�' v� ° ��_s ati ! a �� �' �'' �I:� �u�, ; .��;, �,�� � €1 °�(.�; o� { � �� t����s °to �+bM,�F�� �, y �' L�s � r� J�€ t r� � ,�s � � Examples of Sound Levels Threshold oYPai Rock Baad (at 100ft) :, , � x �'� Large Gat6ering of People �� `� ^ 't � �\ Conversational � Speec6 140 dB 130 120 110 � Pneumatic 1 0 o Chipper 90 8 0 E Dawntown St Pant 7 O Street Traffic (Daytime) 6 0 E _ . 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's,�� � �� '�b t U � y W w`o ''" o '" z� a �� °�C$� ��� �d�� � t i y �"% � i �� � _� � � � i � i • ^ � � � i � � � I \ ��S 1 \ � V+ ���T \ -.rba..... : e 1 �\\\ 8 rt�+ ,�f, '(Y I � oE �s � ; ¢ r Aa� � i � � j \ �aa 1 � � , A ♦ 1 ����_�__� . ... � � � �]'!'_-#� -� -� 1 \ AMMJ � W1JM%31 I ��� AtlMl3 1 � � 1 � SW 30M]9m �� � EP ' � ��, � ��� � � 1 � � _ � � P� 1 1 � `� �� i 1 � I a I �, 1 � 1 § 1 � 1 � 9xn3rvs 1 I '� �1 1 � � ��� I � � ��a I � � � '�.w,�1 � ) � EI zl , j 30wU9v3 �/ 1 dl a j L� % 1 � �12 Q / � i' 1VEA / � i . ' i 6Wi�P I ' 1 � ..�.�: r 1 � `__'"_""� ' �.,, :` P�/ `` ��ti� '�� � � � y3�IM tll$$ISSiry _ �3 HIGALIGATS OF THE COMMERCIAL VEAICLE ROUTE ORDINANCE All trucks of 15,000 lbs. rated gross weight or under may travel on any street in the city with the exception of city parks and restricted parkways as shown on the map. The gross weight is the rated weight of the vehicle or combination of vehicles whether or not it is loaded. All trucks over 15,000 lbs. rated gross weight must use the routes as designated on the reverse side map except as follows: Trucks (9 ton) may travel on any street within industrial districts and the central business district. When entering or leaving a truck terminal or making a pick up or delivery, trucks (9 ton) shall reach or leave such location by traveling over the shortest route from the nearest truck route. Direct travel between deliveries, without returning to truck routes, will be allowed where the distance between delivery points does not exceed one mile. For delivery or pick up purposes, commercial vehicles (9 ton) may travel on designated parkways between the delivery or pick up location and adjacent intersections. Randolph Avenue and St.Clair Avenue between West Seventh Street and Cleveland Avenue; and Grand Avenue between Dale Street and Cretin Avenue are not designated truck routes. However, commercial vehicles over 15,000 lbs. rated gross weight, when making a delivery, a pick up, or when traveling to or from a truck terminal located in the area bounded by Mississippi River Boulevard, Marshall Avenue, Snelling Avenue, Se2by Avenue, Summit Avenue, Kellogg Boulevard, West Seventh Street, Otto Avenue • and Highland Parkway, shall consider Randolph Avenue between West Seventh Street and Cleveland Avenue; St.Clair Avenue between West Seventh Street and Cleveland Avenue; and Grand Avenue between Dale Street and Cretin Avenue as truck routes (9 ton), and all provisions of this ordinance applicable to truck routes shall apply. Except for recreational vehicles (RV's), no vehicle 22 feet in length or longer or T feet in width or wider may park on any city street or alley for more than 30 minutes or for longer than is reasonably necessary to load or unload. Clearly marked commercial vehicles may, between 5:00 AM and 11:00 AM, for purposes of loading or unloading only, park in metered spaces without payment or in truck loading zones. After 11:00 AM, commercial vehicles may, for purposes of loading or unloading only, park in truck loading zones to a maximum of 30 minutes. No provision of this ordinance shall undermine or permit violation of any rule or order of the State Commissioner of Transportation or of any State law or provision regarding the regulation of any aspect of trucks or any other vehicle. City of St. Paul Public Works Department Traffic Division 800 City Hall Annex 266-6200 November, 1996 • 9j�j � � , �q -sa�l 6 � ��f 1 J.rM ` < C p' � t ` v �"'>a, � r • �o� - � ` � � � � .� i is �y E a .::�= cK'-� c � � LS i3:�- ` y '� . 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OR!F_-IH OCJR ' �j qN�'/E rUUP m.(�) '�n� CCOR 1CC9 I t •� � _a. ^ T �`i � �� I i;�-0 J _� 4 � /' X i a� f '� . � .{.'���,F:n C�. Fi O r AP. C�E Y _ _. ,LL-"_=" _" "-_ _ �r w_ � -.i: � � - iT_c.^C AC" t4 . � Y Z. �+FC L`�.�i =••C__ � g�Il.l���[ n� JLT GROL : 39 l".j.�DA1. 5:. P.iLL. }L� i6!�,sti.! F.�.'i �5:?; � P37 `EQ LCG F.u���,�. ST.. P.�l �. BULDL\G Tc DA".� c: ��Cti � �� �s �AOR Pla.ti 3 SCF: (PFtO.iECC REV�.��' ` 2-L7-991 ca�srx�cna� s¢ 1-7-99 ��srov = i REti15I0ti =? D�TE �= DEL�t�} IR ' (}iECt�7 BH S[�ET �-3 OF -� .' .�, . , � North Star Chapter PUBLIC HEARING ST. PAUL CITY COUNCIL a� " MAY 12, 1999 RE: JLT TRUCIC TRANSFER FACILITY SITE PLAN Amelia R. Hummel and Ronald G. Williams 779 Clayland Street St. Paul, MN 55104 REPRESENTING: TWIN CITIES GROUP SIERR.A CLUB A. SITE PLAN INCONSISTfiNT WITH I-1 ZONING DISTRICT The Zoning Code of the City of St. Paul says that the intent of the I-1 Industrial District is "to primarily accommodate wholesale and warehouse activities, and industrial operations whose external, physical effects are restricted to the area of the district and in no manner affect the surrounding districts a detrimental way." (Sec. 60.611) The Code further states that new buildings in I-1 must conform to specific uses, including "(3) Warehousing and wholesale establishments, and trucking facilities." (Sec. 60.612) The thrust of the Zoning Code here to delineate light industrial areas to contain only activity which has no deleterious effects on the areas surrounding such activity. The Code sharply distinguishes I-1 from the next industrial classification, I-2, by stating that I-2 is for certain "industrial operations whose external effects will be felt in surrounding districts." (Sec. 60.621) in is A confused reading of the Code would focus on the second conjunct, ��and" in the sentence which includes "wholesale and warehouse activities, and industrial operations...in no manner af£ect the surrounding districts in a detrimental way." (Sec. 60.611) Upon such a reading, I-1 would include wholesale and warehouse activities, regardless of whether or not they affected the surrounding districts. Thus, you would have some I-1 activities which detrimentally affected adjoining neighborhoods and some which did not. 1 � � 1313 Fifth 3tz�et 3E, Suite #323 • Menneag�otis, MN 55414 •(612) 379•3853 � ay Such a reading would mean that the Code is incoherent in setting I-1 parameters. You would have radically different types of activities in areas designated as I-1, some detrimentally affecting neighboring districts, some not.(Sec. 60.612) Furthermore, of the numerous specified I-1 uses, there would be no way to tell, for most of them, whether they were the type that were allowed to detrimentally affect its surroundings or of the type given no such allowance. One such specified use is "trucking facilities." The City Zoning Code's delineation of I-1 districts is coherent. It clearly indicates that trucking facilities, among others, are one of the specified uses o£ I-1 and thus must "in no manner affect the surrounding districts in a detrimental way." This means the JLT Truck Transfer Facility proposal would have conformed to code if the proposed site had been in an I-1 district where the trucking facility would not have disturbed the surrounding neighborhood. However, since the proposed site abuts a residential neighborhood, the proposed site plan does not conform to the Zoning Code of the City of St. Paul. B. PROPOSED SITE PLAN INCONSISTENT WITH 1980 CITY LAND USE PLAN The Zoning Code with regard to site plan review and approval states that "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." (Sec. 62.108 (c)) The pertinent part of the 1980 City Land Use Plan (1980 Plan) says: Mixing incompatible uses will create an unsuccessful development. For example, uses which generate large volumes of traffic, noise or air pollution cannot be combined with uses requiring quiet. On the other hand, traditional separation of uses is not necessary when the uses do not interfere with each other or do not create external problems such as noise or air pollution. (p. 19) Since the site plan proposes activity which is incompatible with the adjoining residential neighborhood, the site plan is inconsistent with the 1980 Plan. This is true of the originally proposed site plan and of the site plan with restrictions, approved by the Planning Commission. 2 �q -s a� On Page 3 of the Planning Committee's Resolution (Resolution) approving the site plan with restrictions, it quotes the 1980 Plan: "The City should encourage conditions which allow the mixing of appropriate light industry with housing and commercial activities." (p. 1) The Resolution then quotes 1980 Plan Policy (1.4-3): "In cases o£ incompatible land uses, the city will use the techniques listed above [in Policy (1.4-2)] wherever possible to create or improve existing buffers between land uses." (p. 10) Finally, the Resolution cites Policy (1.4-4): "The city will ensure through its site plan review requirements that all new development provides adequate buffering as part of its design." The problem with the Resolution here is that, with this site plan, buffers are not sufficiently ameliorative to make the plan conform to either the Zoning Code or the 1980 Plan. Often buffers between light industrial and residential neighborhoods are in the form of significant land tracts which are occupied by some use which does not detrimentally affect the residential neighborhood. But that is not possible at the Fairview and Minnehaha site, since the proposed building is on land abutting the residential neighborhood. Though the Resolution restricts the site plan with noise barriers, these barriers would be insufficient to negate significant detrimental effects on the neighborhood with regard to noise and would have absolutely no eifect on expected rise in air pollution. There is yet another way the site plan is inconsistent with the 1980 P1an: since it threatens a residential neighborhood, it is inconsistent with the following 1980 Plan objective: To determine and support the most compatible solutions for meeting housing demands while promoting energy conservation and neighborhood stability. (p. 20) The 1980 Plan further expresses concern about the "increased demand for smaller, one and two-bedroom dwelling units for both ownership and rental purposes." There are many smaller single-family dwellings, plus a good number of duplexes and quadruplexes, in the Fairview and Minnehaha neighborhood which would be adversely affected by the proposed facility. One reason there is so much development going on in Hamline-Midway is that it is stable and safe. If this truck terminal project is allowed to go forward, people would move out, the neighborhood would 3 r�� -S �-�1 decline, and the outward-bound residents would contribute to urban sprawl. It could be argued that such a fall in demand for this neighborhood's housing would lower city housing costs; but in £act such suburban-bound flight would be the signal indicating that this affordable neighborhood was about to go into a neglect- and-decline cycle, with all the associated social costs. About half of St. Paul's property tax revenue derives from residential use, too, which is very unusual in this day and age. So on two levels, the City is very aware of the need for affordable housing. The 1980 Plan's concern is with preserving the supply of good-quality affordable housing in livable neighborhoods. The site plan in question is inconsistent with this goal. C. PROPOSED SITE PLAN INCONSISTENT WITH 1980 DISTRICT 11 PLAN As stated in the above section, the Zoning Code requires site plans to be consistent with City sub-area plans, as well as with the City Comprehensive Plan. The District 11 Plan is the sub- area plan which includes Fairview and Minnehaha. Some pertinent goals of the Plan as reported in the Planning Commission Resolution are: • Maintain the present balance between residential and commercial and industrial use. • Develop buffers to separate residential areas from commercial and industrial areas. • Confine through traffic to relatively few streets, treat other streets as local, resident serving streets. • When developing major through streets, minimize detriment to bordering land uses. (p. 3) The site plan contravenes the District 11 Plan in several respects: (1) First, it would disturb the present balance between residential and commercial and industrial use, not because of light industrial activity at the site, but because the proposed activity is incompatible with the adjacent residential neighborhood. The result would be neighborhood deterioration, possibly to the point that residential areas would be converted to industrial areas. � c�� -S a4 (2) Second, the proposed buffers are insufficient to protect the residential neighborhood from detrimental effects. (3) Third, in further developing Prior Avenue (a major through street), the site plan contravenes "minimiz[ing] detriment to bordering land uses" because the planned facility is incompatible with the adjoining residential neighborhood. D. SITE PLAN RESTRICTIONS IMPRACTICABLE OR INEFFECTIVE The condition that the develope_�erform a noise studv and present noise mitigation plans to Commission staff prior to permitting, does not protect the neighborhood. The Commission has failed to provide for public review and comment, to ensure that the study is valid and the proposed mitigation measures are adequate. This condition violates the public's right to review and comment. Appealing this amorphous approval is like trying to nail Jell-O to the wall! The addition of landsca�in� and some noise-barrier walls, as recommended in the Planning Commission's Staff Report, would have no effect on noise from the trucks coming and going on the street; they would also do little to effectively reduce the impact of air brake or high-decibel backup signal noise during the facility's long and late hours of operation. The restriction on ogeratina hours as a way of preventing detrimental effects on the neighborhood is ineffective, since semi-trailer trucks from out of state will be allowed to enter the site at the time of their arrival, day or night. The noise of such large trucks arriving after hours, including engine noise, air brakes, and the mandated high-decibel backup signals as they approach the loading bays or other parking locations within the facility, is certain to affect neighbors adversely. The 15-minute limit on idlina is unenforceable and therefore does not adequately protect neighborhood residents from noise or air pollution, The drivers wi11 be independent operators, and many from out of state, so they wi11 not be under any company's supervisory control. Placing this burden on the site owner or the tenant trucking company would be like tasking the fox to protect the chickens. The burden of monitoring and enforcement 5 ��'U � ! thus appears to be upon neigrborhood residents, which is thus unfairly burdened with monitoring round-the-clock arrivals in order to preserve quiet and air quality. Restrictions on trucks sto�oin� or idlina on neighborhood streets is less enforceable than the 15-minute limit on idling, for the same reasons. Site barriers along Minnehaha will be inePfective because the houses are on a hill above the site. The restriction that "truck traffic mav not use Fairview Avenue" is ineffective because, as indicated by the developer as well as residents, the City does not effectively patrol Fairview Avenue with the goal of restricting through truck traffic. Even with the truck terminal entrance and exit on Fairview, there is an experience-based concern that yet more trucks will use Fairview and other neighborhood streets in order to avoid traffic at major truck route intersections. As indicated by official City maps, Fairview Avenue north of University Avenue is not a truck route. The Commercial Vehicle Route Ordinance states: Al1 trucks over 15,000 lb. rated gross weight must use the routes as designated by the reverse side except as follows: Trucks (9 ton) may travel on any street within industrial districts and the central business district. When entering or leaving a truck terminal. .., trucks (9 ton) shall reach or leave such location by traveling over the shortest route from the nearest truck route. This ordinance is violated daily, by substantial numbers of trucks which use Fairview and Minnehaha Avenues. These avenues border, but are not within, an industrial district; they are both designated as local, resident-serving streets. It is not within the developer's power to prevent independent truckers from traveling along neighborhood streets. Any development, therefore, which may lead to heavier truck use of Fairview Avenue or other neighborhood streets is contraindicated. This is a primary neighborhood concern addressing children's safety, noise, and air pollution hazards. This restriction fails to protect the adjacent neighborhood in any way at all. � �t� -5�-`f E. HARM FROM INEFFECTIVE RESTRICTIONS Harm £rom Noise One of the earliest motivations for urban planning, historically, was the recognition that decent housing for workers is essential for productivity. No employer would want their shift workers to live next to a facility like the proposed truck terminal. According to the National Institutes of Health, lack of adequate sleep can cause or aggravate other health problems. It also causes children and adults to experience difficulties in memory and concentration, thus adversely affecting learning, job performance, and safety. In addition to shift workers who must sleep during the day or in the evening, children and the ill or disabled require rest and sleep during the day as well. Daytime noise and noise-induced stress constitute a serious threat to residents' physical health and emotional well being. It is important to note that many of this working neighborhood's 80-90 year old homes lack air conditioning, so daytime and nighttime noise will be especially harmful during the spring, summer and fall, when windows are open for cooling and ventilation. Harm from Air Pollutio Increased air pollution wi11 affect children playing outside, residents walking or exercising outside, and anyone doing anything inside older homes which lack central air conditioning. It will have greatest immediate impact upon infants, the elderly, and those with chronic or acute respiratory problems. When my wife was collecting petition signatures along Fairview and Minnehaha--right after returning to work after a bout of pneumonia--she met two residents with oxygen tanks and many others who volunteered the information that they had emphysema, or that they or their children had asthma. This area already has a very high level of air pollution, and many of its residents are clearly at risk. The ill and disabled must not be driven from their established homes by improper development of adjacent land, in violation of the city plan and the zoning code. F. ENVIRONMENTALLY SENSITIVE AREA 7 ��. - s a�t This thriving working neighborhood is environmentally endangered and already under environmental siege from surrounding traffic and industrial activities. newell Park, the little neighborhood which includes Fairview and Minnehaha, is vulnerable because it is bounded on three sides by light industrial activity--the Burlington Northern container yard off Pierce Butler Road, the factories between Prior and Transfer Road, and the I-1 area at Fairview and Minnehaha. In addition, it is only about 12 blocks away from what was, in the past, the most air polluted site in Minnesota, Snelling and University. In the 1980's this intersection was cited several times by the EPA for air quality non-attainment. The City has worked hard to reduce pollution levels at this intersection and, consequently, has been cited only once in the last couple or years. The City has put in place an alarm system which is triggered when air pollution is high. It then finesses the traffic signals to discourage traffic from entering the intersection and encourage those in the intersection to more quickly exit. A daily timing device and the "ring round" which takes traffic around Spruce Tree Center also reduces air pollution. The fact that the City has to go to so much trouble to take care of this problem and that there is, even now, occasional air quality non-attainment, is evidence that the air quality problem in this area is serious and that it would be vulnerable to significant air pollution increases. In addition, the federal EPA is now concerned with the kind of particulates that diesels emit to the air and is studying the matter to see how the problem can be reduced. The introduction of the proposed truck facility threatens the air quality of this area, a problem which should be studied, as we suggested in our "Proposed Environmental Assessment." During most of the year, it is bearable for most--though not all- -residents. During the State Fair, however, the smog is visible to the naked eye, and exercise may be dangerous for the unwary. This is a strong community here, but to maintain it the City must be vigilant in shielding it from incompatible activity and environmental threats. G. SITE PLAN IGNORES THE 1999 CITY LAND USE PLAN 8 q,�,—.say The 1999 City Land Use Plan (1999 Plan) of St. Paul's Comprehensive Plan was adopted by City Council on March 3, 1999, and is subject to review by the Twin Cities' Metropolitan Council. It was recommended by the St. Paul City Planning Commission on September 25, 1998. Thus this impressive forward- looking document is solidly backed by the entire government of the City of St. Paul. Though it does not yet have legal force as the 1980 Plan presently does, it certainly is an important guide £or policy judgments of the type which are critical for the Planning Commission and for the City Council in considering site plan reviews. In the 1999 Plan's discussion of Equitable Metropolitan Development, it lists several policies, two of which are: 3.3.1 Saint Paul will support an increase in the number of jobs and housing units in the city, and will try to focus growth along transit corridors, thereby supporting the strategies of the Metropolitan Council's Regional Blueprint.... 3.3.5 The City should express its support and, where appropriate, join in housing programs and projects that contribute to balanced populations (age and income) in communities and neighborhoods throughout the East Metro area. (p. 14) This says we should promote growth along transit corridors, not deterioration as the proposed plan threatens. MTC Bus #7 runs along Minnehaha avenue through this neighborhood and Bus #16A (plus limited stop #SO) runs on University Avenue, only about 5 blocks south of Minnehaha. The #16 is one of the most frequently running buses in the Twin Cities. The other policy above talks of supporting balanced populations (age and income). The Fairview and Minnehaha neighborhood is such a neighborhood, with a strong balance among ages and with low income and middle- range income. The 1999 Plan indicates preservation and encouragement of such neighborhoods. In its section on "Strategy 2: Neighborhoods as Urban Villages," the 1999 Plan states and "Objective 5.1 Urban Villages: Theme with Variations" with policies including: 7 ��,-�a`i 5.1.1 The City neighborhood organizations, developers and realtors should use the urban village principles listed below, which are condensed £rom the Charter of the Congress for the New Urbanism, for assessing neighborhoods and promoting the advantages of city living. • Good neighborhoods are compact and pedestrian-friendly. • Good neighborhoods have a mixture of land uses. • Good neighborhoods have a broad range of housing types. • Good neighborhoods are designed to support mass transit with appropriate land uses and densities within walking distance of public transportation. • Good neighborhoods have commercial, civic, and institutional activity embedded, not isolated in remote, single-use complexes. • Good neighborhoods have schools within walking and short bicycling distance, for most children. • Good neighborhoods have a range of park facilities, from tot-lots to village greens to ballfields to community gardens. (Large parks and conservation areas serve as boundaries between neighborhoods.) • Good neighborhoods are safe and secure. • In good neighborhoods, the architecture and landscaping physically define the streets and public places. (pp- 25-26) Amazingly, the above listed characteristics beautifully define Newell Park, the neighborhood which includes Fairview and Minnehaha. Newell Park, in turn, is part of the larger Hamline-Midway neighborhood, a model of diversity and stability in St. Paul. We are old and young, with lots of children as well as retirees. We are blue collar, middle class, and professionals. We are also white and black and Hmong and Native American; the neighborhood church my wife and I belong to is bilingual and bicultural-- English and Hmong. We have parks, recreational centers, playgrounds, schools, churches, libraries, a nationally known university, and neighborhood stores. We have active block clubs. We maintain and update and improve our homes, and the government shows its appreciation by raising our tax-assessed value every year. This is a neighborhood not to be threatened with incompatible development, but a neighborhood to be preserved! 10 qq-say In its discussion of "Objective 5.2 Mixed Land Uses/Mixed Use Development," the 1999 Plan list policies including: 5.2.1 In traditional neighborhoods, the City will support compatible mixed use within single buildings and in separate buildings in close proximity. Mixed use reduces transportation time and cost. National surveys show that, on average, city residents drive only half as many miles per year as suburban dwellers, primarily because each trip is shorter in the city. (p. 27) This is yet another 1999 Plan ideal already mirrored in the Hamline Midway neighborhood. The grocery store at Fairview and Minnehaha has apartments above. A few blocks away off Minnehaha and Snelling are other buildings, such as a coffee shop, a hardware store, and a restaurant which also have apartments above. If our neighborhood deteriorates because of the proposed truck transfer facility, people will have to move away from the mixed use neighborhood, thus contributing to urban sprawl. This is precisely the kind of thing the 1999 plan is trying to avoid. The City must promote compatible mixed development, and preserve it where it already exists. The 1999 Plan's Appendix C says: 10. Study alternatives and propose amendment to the zoning code which would distinguish between small and large trucking operation,s. Consider alternatives such as special restrictions on large trucking firms and propose an amendment so that wi11 limit large low-employee-density trucking use of industrial land. The proposed amendment should act to make consistent, with regard to trucking uses, the zoning code and high density employment requirements outlined in Appendix A of the Land Use Plan and Policy 24 of the Summary and General Plan addressing intensive use of industrial land. (p. 71) It is my understanding that, in this regard, the City intends to prohibit additional truck transfer facilities in St. Paul, just as Roseville did some years ago and as other area municipalities have done. It makes no sense for the City to establish a policy like this and then squeeze in one more development of the sort that this policy prohibits. 11 �q-say H. SITE PLAN ENVIRONMENTAL ASSESSMENT NECESSARY It is critical that City Council have adequate environmental information in deciding on this site plan with serious possible effects on its adjoining neighborhood. That is why we attached a three page "Proposed Environmental Assessment" to our April 13, 1999 letter to Mayor Coleman requesting the City to do a serious environmental study of the site plan's environmental effects on the neighborhood. (I also said that the Environmental Equality Board had denied our petition to do an Environmental Assessment Worksheet on the grounds that the proposed building was less than 100,000 sq. ft. The petition was signed by 400 citizens, almost all from our neighborhood.) In response to our request of the Planning Commission to recommend that the City Council initiate such a study, the Planning Commission declined to recommend the study on the grounds that it "was advised.._that the City does not have legal authority to undertake extraordinary environmental review under a different process or name." The City not only has the authority to order the environmental study we suggested, it has the duty to do it. It is unhelpful to label a suggested environmental study "extraordinary�� and then contend that it need not be done. Here is what the State of Minnesota's Environmental Rights Act says about environmental protection: The legislature finds and declares that each person is entitled by right to the protection, preservation, and enhancement of air, water, land, and other natural resources located with in the state and that each person has the responsibility to contribute to the protection, preservation, and enhancement thereof.... Accordingly, it is in the public interest to provide an adequate civil remedy to protect air, water, land and other natural resources located within the state from pollution, impairment, or destruction. (Minnesota Statutes 116B.01) The vehicle for the environmental protection remedy is the state government, and by extension, city government. A critical way the city is to effect environmental protection is to gather sufficient information to make a reasonable environmental assessment. An excellent way for the City to gather information with regard to this site plan would be 12 `C�-Say to do our "Proposed the neighborhood a protection. Environmental Assessment." This would give reasonable chance for its environmental Accordingly, we again request that the City do the "Proposed Environmental Assessment" and "that the City provide a pub2ic comment period of at least 30 days following publication of the report." 2. LACR OF ADEQUATE PUBLIC REVIEW OF SITE PLAN NOISE STUDY The City is to be given credit for doing at least part of the environmental study we recommended. At the March 26, 1999 Planning Commission Hearing, the City staff recommended that a site plan noise study be done. For some reason this study was long delayed and not made public until, Monday, May 10, 1999, the very day we write these words. But this is only two days away from the City Council public hearing! It is an extreme, unreasonable and almost impossible burden for us to attempt to find an expert who can interpret a noise study in the eleventh hour like this. We nevertheless offer a few hurried observations about the noise study. The study addresses only truck engine noise at Dawes Trucking anticipated operating levels from slow moving and idling trucks. It ignores piercing back-up truck signals and air brakes, the most bothersome of truck noises. It also ignores opening and closing of dock doors. Even during hours when the noise ordinance is not exceeded as an hour-long average of engine noise levels, the instantaneous noise levels from air brakes and repeated back-up beepers wi11 disturb neighborhoods peace and quietude and will disrupt sleep. A rather puzzling part of the study reports that the �'Number of truck operations permitted per hour to remain below L10 55 dBa [the highest night noise level allowed by the St. Paul noise ordnance]" is 26. This apparently means that the amount of noise at night created by 26 trucks in an hour is acceptable in neighborhoods of Highland Park, Macalaster Groveland, and St. Anthony Park, as well as Newe11 Park. However, it is difficult to believe that any residential neighborhood in St. Paul would tolerate such noise. 13 ��l -S a�\ The noise study also ignores the affect of the proposed study on daytime noise. We cannot tell from the study if the truck facility would violate the ncise ordinance during the day. In addition, the study does not indicate the present noise level in the Fairview and Minnehaha neighborhood. At this point it is important to bring to bear here our earlier discussion of the Zoning Code. The zoning requirement states that the neighborhood must not be adversely affected in any way by I-1 activity. This is stricter than simply requiring that the proposed activity not violate noise ordinances. Finally, since the permit request relates to a building with 26 bays, it is imperative that any comprehensive study consider noise impact at maximum operating capacity, not just presently anticipated operating levels. Out of due process concerns, our April 13th letter to Mayor Coleman specifically requested "that the City provide a public comment period of at least 30 days following publication of the report tthe "Proposed Environmental Assessment"]. It is very important that citizens have the opportunity to assess and comment upon environmental assessments which so critically bear upon their neighborhood preservation. Accordingly, we request minimally, that a 30 day public comment period be allowed for the noise study and a public hearing at the end of that period. J. PROJECTED CAPACITY OF PROPOSED FACILITY? The Resolution reports that 45 semi-trailer trucks and 40 smaller trucks would use this facility weekly. (p. 2) However, it also reports that the building would consist of 26 docks. With optimal scheduling, such a building could accommodate over 100 trucks a day! The proposed site plan and its presently anticipated levels of operation are seriously incompatible with the residential neighborhood. But if the building were to realize its capacity, the facility would violate the neighborhood in spectacular fashion! Even the noise ordnance would be radically exceeded. Air pollution also would dramatically rise. One has to wonder, why is such a facility being built with that kind of capacity? What is to stop the owner from allowing the building to reach its capacity? It is a serious concern that 14 q`t the proposed building would have a much more serious detrimental e£fect on the neighborhood than the site plan suggests because the site plan fails to address the building's capacity. IC. ECONOMIC IMPACT UPON NEIGABORHOOD The Planning Commission failed to address the financial impact of the proposed facility upon neighborhood homeowners. Such an incompatible industrial development would decrease their property values and discourage lending institutions from financing home improvement loans, second mortgages, or mortgages for prospective purchasers of homes. L. CONNECTION WITH AMERICANS WITH DISABILITIES ACT The Planning Commission failed to give special consideration under the Americans With Disabilities Act for neighbors with respiratory and other disabilities, including asthmatic children and adults, who are at high risk from increased air pollution; from stress during the 2ong operating hours from noise of the truck engines, backup beepers, and air brakes, and from loss of sleep due to noise and aggravated respiratory problems. Residents with chronic or disabling health problems should not be forced out of an established affordable neighborhood by incompatible adjacent development. M. ALTERNATIVES TO TRUCK TRANSFER FACILITY There are many reasonable development alternatives for this site which would be compatible with the neighborhood. These would include low polluting light industries which were not open in the evening hours. The bus line on Minnehaha flat lancl make this site perfect for disabled and elderly housing. Such a development would create less air pollution than other alternatives, since those residents would use the bus lines to a great extent. But even other housing would be a better air pollution-wise than introducing a lot of trucks to the area. That is because cars would not emit the air particulates of truck diesel engines, particulates which now of a major concern and study by the federal EPA. 15