00-413ORIGtNAI.
RESOLUTION
CITY OF SAINT PAUL, VIINNESOTA
Presented By
Referred To
lb
Committee: Date
2 WHEREAS, on July 29, 1999, Kurt Williamson on behalf of the properry owner
3 Hiawatha Acquisirions, LLC. and on bel�alf of JLT Group Inc. [hereinafter JLT] did, in Zoning
4 Files 99-212 and 99-216, make applications for site plan review pursuant to the provisions of
5 Saint Paul Legislative Code § 62.108 for the purpose of establishing two office/wazehouse
6 buildings in the vicinity of Fairview and Minnehaha (Zoning File 99-212) and Prior and
7 Minnehaha (Zoning File 99-216) the said sites legally described as noted in the above referenced
8 zoning files; and
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10 WHEREAS, in a letter dated August 18, 1999, the Hamline-Midway Coalition
11 [hereinafter F3MC], on behalf of neighbors living in the vicinity of JLT's proposed building sites,
12 requested the Saint Paul Planning Commission [hereinafter Plamxing Coxnmission] to conduct a
13 public hearing on the site plan proposals submitted by JLT; and
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15 WHEREAS, on September 10, 1999 the Planning Commission conducted a public
16 hearing on the said site plan applications and, at the close of the public hearing, referred the
17 matter to the Planning Commission's neighborhood planning committee for a report and
18 recommendation; and
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WHEREAS, on September 21, 1999, the neighborhood planning committee met to
discuss the site plan applications in light of the staff report and the testimony from the September
9, 1999 public hearing and moved to recommend approval of the two site plans subject to several
conditions; and
WHEREAS, on October 8, 1999, the Plamiing Commission received the neighborhood
planning committee's recommendation to approve the site plan applications and, after d'ascussion,
modified the committee's recommendations and moved to approve the site plan applications with
conditions, based upon the findings contained in Plaiviing Commission resolution 99-72,
adopted October 22, 1999, which shall be incorporated herein by reference; and
WIIEREAS, pursuant to the provisions of Saint Paul Legislative Code § 64.206, HMC,
on behalf of the neighbors living in the vicinity of JLT's proposed building sites, duly filed on
October 22, 1999 an appeal from the Planning Commissions October 22, 1999 decision to
approve the site plan applications and requested a hearing before the Saint Paul City Council
[hereinafter City Council] for the purpose of considering the actions taken by the said
commission; and
Council File # 00 + y13
GreenSheet# {o�qr'l�{
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2 WHEREAS, pursuant to the provisions of Saint Paul Legislative Code § 64.206, JLT,
3 duly filed on November 4, 1999 an appeal from the Plauniug Commissions October 22, 1999
4 decision to approve the site plans subject to conditions and requested a hearing before the City
5 Council for the purpose of considering the actions taken by the said commission; and
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WHEREAS, acting pursuant to Saint Paul Legislative Code § 64.206 through § 64.208
and upon notice to affected parties, the sepazate appeals of HMC and JLT were combined for a
public hearing before the City Council on December l, 1999; and
WHEREAS, the December 1, 1999 public hearing was laid over to December 8, 1999
and the December 8, 1999 public hearing was laid over to January 12, 2000 with the consent of
the appealing parties for the purposes of allowing the appealing parties the opportunity to meet
and discuss the mattez and to recommend new conditions or suggest modifications to the
conditions contained in Saint Paul Planning Commission Resolution 99-72; and
17 WHEREAS, on January 12, 2000 a public hearing was duly conducted where the parties
18 were given an opportunity to be heard and the matter was laid over again to January 19, 26,
19 February 2, 9, and 16, 2000 while the parties continued to meet; and
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WHEREAS, on February 23, 2000 the City Council, having received information that
the parties had reached a mutual agreement as to their respective appeal points and upon the
transmission of the terms of such agreement to the City Council, the City Council, acting
pursuant to the authority granted under Saint Paul Legislative Code § 64.20'7; DID
RESOLVE, to deny in all things the appeals of HMC and JLT and to affirm in all things
the site plan approvals contained in Planning Comxnission resolufion 99-72 and to adopt the said
resolution as its own herein by reference thereto except to the extent modified as noted below,
such modifications based upon the mutual agreements recommended by HMC and JLT; AND,
BE IT FURTHER 12ESOLVED, upon the mutual agreements as recommended by HMS and
JLT, that Planning Commission resolution 99-72 shall have the conditions of approval set forth
therein modified to read as follows:
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a. Tractor-trailer door. A door that is approximately 48" from the erade level. This
type of door can accommodate some 24' and 30' straig.ht tnxcks as well as 18-
wheel "over the road" tractor-trailer trucks.
6 b. Drive-in door. A door that is on erade level to accommodate vehicles enterine the
7 building. It would not be used to accommodate tractor-trailer vehicles.
9 c. Other dock doors. A door that is less than 48" from ¢rade level ( ically 30"l.
10 This type of door accoxnmodates delivery vehicles that aze smaller than tractor-
I 1 trailer vehicles. These types of vehicles aze typically local defiverv vehicles or
12 "UP5" type trucks.
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14 2. $surs Revision to site ulan•
15 . The
16 buildin¢ on the southwest corner of Minnehaha and Fairview will haue a maximum of
17 seven tractor trailer doors and six drive-in/other doors. The building on the southeast
18 corner of Minnehaha and Prior will have a maximum of seven tractor-trailer doors and 12
19 drive-in/other doors. The buildin�on Fairview (formerl�known as "Dawes Buildine"1
20 will have a masimuxn of 12 tractortrailer doors and 12 drive-in/other doors. Orily drive-
21 in doors will be permitted on the north side of the Fairview buildin�(formerlv known as
22 "Dawes Buildine"l.
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3. �xel�id�ing Use of �ro�.
dael� JLT Group asrees to use reasonable efforts to lease the buildings to low intensitv
users, such as office/wazehouse. JLT will not lease the buildings to tenants whose
vrimarv activitv involves the creation or storage of toxic or hazardous chemicals. Anv
occuoants of the buildings must complv with current laws and re2ulations regarding the
stora�e of hazardous materials. No mare than 8.000 squaze feet of the site (all three
buildin¢s) mav be served bv trucks usine refri¢eration units.
4. �rlrn►g Drivewavs. ,
�~� �-aas All tractar-trailer truck and city truck trafFic to buildin¢s on Fairview must
use the drivewavs on Prior Avenue. All tractor-trailer truck and city truck traffic to the
building on Minnehaha and Prior shall use the north drivewav on Prior south of
Minnehaha Avenue.
The entrances on Fairview and Minnehaha aze intended for use b�private roassenaer
vehicles and commercial vehicles the size of a UPS deliverv van or smaller. Therefore
these entrances will be limited to vehicles no taller than 12' and no longer than 26'. To
ensure compliance with this requirement, these entrances must have a permanent
overhead baz no hieher than 12' above erade and shall be conshucted with a median and
to a width that will ensure that trucks no lon�er than 26' can enter.
JLT and the Hamline-Midway Coalirion shall Zoin totether with their best efforts to have
the citv restrict tractor-trailex truck and citv truck traffic on Fairview and Minnehaha
avenues.
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16 . At the two buildings on Fairview, no trucks may enter the
17 Uremises or be allowed to idle on the�remises before 6 a m or after 9 p m. on weekda�
18 and before 8 a.m. and after 6 p.m. on Saturdays. JLT also sha11 not lease these two
19 buildines to tenants who re�ularly require huck deliveries on Sunda *�s.
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21 6. �igh4ing- Idlina•
22 . Atthetwo
23 buildin¢s on Fairview, and at the buildin�on Minnehaha and Prior, truck engines must be
24 turned off whenever trucks are�azked at the door or on site wairine for more than 30
25 minutes to load or unload at the dock. A si�n must be posted with this requirement,
26 statine that hucks may not idle more than 30 minutes.
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. Trucks mav not stop or park on
Fairview Minnehaha or other neazbv residential streets. The Saint Paul Department of
Public Works will �ost siens where needed to help enfarce this.
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JLT will not allow any_public address systems on the site.
JLT will construct a 12-foot wood barrier on Fairview Avenue between the buildin¢s
facin�Fairview Avenue and south of the Dawes buildine on Fauview exce�t across
entrances to the site.
JLT shall also install a 6-8 foot wood barrier alone Minnehaha between buildines and
entrances. Because of the existine buildine, the Arthritis Foundation, and the landscap�
azound it, the fence will run from the western edge of the building at the Minnehaha and
Fairview and run to the driveway followin¢ the current fence line. It shall begin again at
the western edge of the Arthritis Foundation buildine and run to the eastern ed�e of the
Prior and Minnehaha buildina.
LiEhfing. Exterior li�htin� for the facilities must be aimed and shielded to minimize
elaze li�ht and li h�t s�ill over on to adjacent residential propertv
10. Setbacks and landsca�ing. Buildine and noise barrier setbacks of at least 10 feet a�are
reauired alon�Minnehaha and Fairview, excerot for the 6-8' wood barrier provided far in
Pazaeraroh 8. These setbacks must be planted and maintained with plant material
ap�roved by site plan stafF and which will grow at least 15 to 25 feet tall when mature in
order to form a continuous row alon¢ the entire sides of the buildings and visual barriers
faci� Minnehaha and Fairview. The existine chain link fence in these areas must be
removed. The height of the wood barrier fence on Minnehaha sha11 be measured from the
adjacent street srade level.
11. Safet� JLT and the Hamline Midway Coalition shall join toeether with their best efForts
to work with the Citv of Saint Paul to install a three-wa�ro on the intersection of Prior
and Minnehaha, or an alternative solution that mieht be uronosed bxthe Citv of Saint
Paul Public Works Department to control the blind corner. Public Works requires a
resolurion to this effect to be passed by the boazd of directors of the Hamline MidwaY
Coalition.
12. Additional Review. At the request of the Hamline Midway Coalition, which mau occur
not more than once in anv calendar year, the Saint Paul Office of Licensing Inspections
and Environmental Protection shail undertake a review of the site to ensure compliance
with these restrictions.
13. Dismissal of lirigation. The resolution is beine enacted with the consent of JI,T Groun
and in consideration for this enaciment. JLT shall dismiss the matter of Hiawatha
Acquisitions, LLC d/b/a JLT Group, Inc. v. Citv of St. Paul, venued in Ramsev Countv
District Court with preiudice. It fiirther agrees that , should this CiTy Council Resoluflon
be ado�ted into law, the restrictions enumerated herein shall ap�ly to the Fairview
Building�formerlv lrnown as Dawesl.
Page 5 of 6
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AND, BE IT FiTRTHER RESOLVED, that all the other findings and conclusions set
forth in Plaiuung Commission resolution 99-72 remain in effect;
AND, BE IT FINALLY RESOLVED, that the city clerk shall mail copies of this
resolution to JLT and IIMC and deliver a copy to the Planning Comarission.
ORIGINAL
Requested by Department of:
By:
Form App by City Attomey
BY: l��G✓!/`��✓YV�"1 i �! f ��d
Approved by Mayor for Submission to Council
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Adopted by Council: Date �,������_000
Adoption Certified by Council S tary
oa -�,��
City Attorney
Peter Wazner 266-8710
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Apri121, 2000
GREEN SHEET
NO � Cv�i7�
TOTAL f OF SIGNATURE PAGES
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(CLJP ALL LOCATIONS FOR SIGNATUR�
Resolution memorializing the decision of the City Council on Febniary 23, 2000, denying the appeals of the
Hamline Midway Coalition and JLT Group and approving the site pian with changes to the findings,
conclusions and recommendations of the Plaiuring Commission.
Of
PLANNING COMMISSION
CIB COMMITfEE
CML SERVICE CAMMISSION
OF TRANSACTION
iSOW1L SERVICE CONTRACfS MUSf ANSWER THE FOLLOWING Q
NSS fhl5 PCROIdfifm C+Ef MOf�BC UM2f 8 CIXIfWC� (IX fh16 (1�12f1/IIEId'7
YES NO
Has this PeraoNfirm ever heen a cky emqoycel
YES NO
Daes fhis persaJfirm P� a sld9 not �wmWIYO�� M' �Y wrteM cdY emGbYce?
YES NO
k tltia P��Trm a tarpMed eendoYl .
YES NO
COST/REVRIUH BUDGETm (CIRCLE ON�
VES NO
SOURCE ACTNITYNUMBER
CIT'Y OF SAINT PAUL
Norm Coleman, Mayor
April 19, 2000
Nancy Anderson
Council Secretary
310 City Hall
15 West Kellogg Blvd.
St. Paul, MN 55102
Re: Appeal by HMG7LT
Zoning Resolution 99-72
City Council Motion to Deny: February 23, 2000
Dear Nancy:
OFFICE OF THE CITY ATTORNEY ��� y � 3
Clayton M. Robinson, Jr., CiryAnomey
Civil Division
400 City Hall Telephone: 651266-87I0
IiWestKelloggBlvd. Facsimile:651298-5679
Saint Paul, Minnesota 55102
Attached please find a signed Resolution memorializing the City Council's Motion to deny the
appeals by HMGJLT of a planning commission decision to approve subject to conditions the site
plan application of JLT for properry located in the vicinity of Fairview and Minnehaha and Prior
and Minnehaha. Please place this matter on the Council Consent Agenda for Apri127, 2000 or
the nea�t auailable date.
If you haue any questions, please don't hesitate to contact me.
Very truly yours,
�-�� v ��—_
Peter W. Warner
PWW/rmb
Enclosure
L:bie. �! 2�.'. 4s'� �
.�. � ' �� Ls��
OFFICE OF LICENSE, INSPECTiONS AND �
ENVII20NMENTAL PROTECTiON
Ro6e�t Kessler, Director
CTTY OF SAINT PAUL
Norm Coleman, M¢yor
November 5, 1999
Ms. Nancy Anderson
Ciry Council Reseazch Office
Room 310 City Hall
Saint Paul, MN 55102
B UIIDING 7NSPECITON AND
DE9GN
350 St Peter Street
Sidte 370
SainzPmd,Minnesara 55102-ISIO
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Dear Ms. Anderson:
I would like to confirm that a public hearing bef
December i, 1999 for the following zoning case
Appellants: Hamline Midway Coalit
File Numbers: 99-299 and 99-300
cb-yl3
3a
Telephane: 672-2Kr9007
Fatsinule: 612-266-9099
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Purpose: To consider appeals by the Hamline Midway Coalition and 7LT Group of a
decision by the Plamung Commission to approve with conditions a site plan
submitted by JLT Group for two o�ce/wazehouse buildings.
Location: 1900 Minnehaha Avenue West (between Fairview and Prior)
I have confirnied this date with the office of Councilmember Benanav. My understanding is that this
public hearing request will appear on the agenda of the City Council at your earliest convenience and
that you wIll publish notice of the heazing in the Saint Paul Legal Ledger.
Please cail me at 651-266-9086 if you have any questions.
�'� �
s
Tom Beach
Zoning Section
� _ •�isrx,m,� —
� NOTICE ORPQBLIC HEARING
The Saint Paul City Council will
conduct a public hearing on Wednesday,
December 1, 1999, at5:30 p.m. in theCity
Council Chambers.111ird Floor, City Hall-
Coucthouse,toconsidertheappealsofthe
Hamline Midway� Coal3tion �and JLT
Group to a- decision� of the Planning
Commission to approve a site plan with
condltions for two office/warehouse
buildings at 1900 Minnehaha Avenue�
West. - -
Dated: November 8, 1999 � �
NANCY ANDER40N
eisstsLant City co,uicit secretary � _
� - (tqov.l0) , - , -
� 3'G.PADLIBGALLEDGER- ,
00 -�/3
OFFICE OF LICENSE, INSPF.CTIONS AND
ENVIILONMENTAL PROTECTION
Roben Kers(er, Direaor
CTTY OF SAINT PAUL
Norm Coleman, Mayor
November 18, 1999
Ms. Nancy Anderson
Secretary to the City Council
Room 310 City Hall
Saint Paul, Minnesota 55102
IAWRX PROFESIIONAL
BUIfDING
Suite 300
350 St. Peter Saeet
SaintPaul, Minnesota SSIO2-Z510
Telepleone: 612-2669090
Facsimile: 612-266-9099
612-266-9124
RE: Appeal of the Planning Commission's decision to appmve with conditions a site plan for
two o�ce/warehouse buildings proposed for the south side of Minnehaha between Fairview
and Prior
Public heazing at City Council scheduled for Wednesday, December 1, 1949
Zoning File 99-299
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Dear Ms. Anderson:
THE PLANNING
APPROVED THE STTE PLAN WITH
On October 22 the Planning Commission approved the a site plan from the JLT Group for two
office/wazehouse buildings located south of Minnehaha between Fairview and Prior. The approval is
subject to 8 conditions intended to minimize the impact of truck noise and tr�c on the residential
neighborhood located across the street. These conditions:
— Prohibit trucks from entering the site from Fairview Avenue and require them to use Prior Avenue
— L'unit hours of operation
— Limit truck idling
— Prohibit truck pazking on neazby streets
— Require that the applicant pay for a noise study to determine if noise barriers are needed.
— Allow JLT to submit a revised site plan once tenants have been determined so that the Planning
Commission can consider modifying these conditions.
— Require a follow-up review by the Planning Commission not more than one yeaz afrer the buildings
have been issued a Certificate of Occupancy so that the Planning Commission can consider
modifying these conditions.
The Neighborhood and Current Planning Commission and LIEP staff recommended approval with
conditions.
At the public heating held on September 10, 8 people spoke in opposition and 4letters in opposition
were received.
•
APPEALS HAVE BEEN FII.ED BY THE APPLICANT AND'THE DISTRICT COUNCIL �
The applicant, 7LT Group, has appealed the conditions of the Planning Commission's approval. They
aze contesting conditions that would:
— Require trucks to use Prior Avenue
— Limit hours
— Limit truck idling
— Require noise analysis and mitigation
— Require one additional review after the buildings open
The Hamline Midway Coalition has also appealed the Planning Commission's decision to approve the
site plan. They aze requesting:
— The number of truck doors be limited to a 3 doors on one building and 4 doors on the other.
— A 10 foot buildiag setback along Prior Avenue
— Annual reviews for the buildings
— Specific prohibitions against storing chemicals, toxins and food that would require refrigerated
trucks.
A PUBLIC HEARING IS SCHEDULED FOR WEDNESDAY, DECEMBER 1
Please notify me if any member of the City Council wishes to have slides of the site presented at the
public hearing.
Sincerely,
' / ��
Tom Beach
ATTACHA4ENT5
page 1 Appeals from JLT Group and Hamline Midway Coalition
paga 4 Plaaning Commission resolution
page 11 Planning Commission minutes
page 27 StafFreports and recommendations
page 34 Letter from Hamline Midway requesting a public hearing
page 37 Locarion map and site plans
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LLS
NEILL
P.L.L P
Attorneys at Lau�
' Joseph T. O'I<eill
Perer H. Grills
Vuct�ael D. OTveill
Elizabeth I. Goodpaster
Judith L. Titcomb
Brian M. Meloy
Pa.ate
Leanne ?fi. Rogers
November 4, 1999
VIA COURIER
Department of Planning and Economic Development
Zoning Section
1100 City Hall Annex
25 West 4` Street
St. Paul, MN 55102
RE: Appeal of Planning Commission Decision
•,vam,rrea ,n w,��ons�n Regarding JLT Group Inc. Site Plans Nos.: 99-216 & 94-212
Planning Commission Resolution.
File No.: 99-72 Dated October 22,1999.
Dear Administrator:
�
Appellant: Appellant is JLT Group Inc., located at 739 Vandalia, St. Paul, MN,
55124.
Property Location: The properties subject to this Appeal are located at
Minnehaha and Prior and at Minnehaha and Fairview.
Type of Appeal: This is an Appeal to the City Council of a decision made by the
Planning Commission on October 22, 1999. The Appeal is pursuant to the
provisions of Chapter 64, Section 206 of the Zoning Code.
Grounds for Appeal: The Grounds for this appeal are as follows:
The following conditions imposed upon JLT by the Planning Condition constitute
an illegal and unconstitutional discrimination on the use of industrial proper[y by
JLT and similazly constitutes an unconstitutional taking of property by the City
without just compensation:
A. Driveways: All truck traffic to the Fairview building must use the
south driveway on Prior Avenue and proceed via the area south of the
main existing building. Truck traffic may not use Minnehaha Avenue or
Fairview Avenue. The two existing driveways on Fairview must be closed
`ivimnesota World Tcade Center
30 East Seventh Street
Saint Paul, Mmnesota 55101-4901
Phone: (651) 24&830�
Fax: (651) 298-1474
Internet: ogo@ogolaw.com
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 negatively
impact the adjacent residemial neighborhood, the City would consider permitting
reopening driveways to Fairview for these uses as long as this office/warehouse building
did not have access to Fairview. Reopening driveways sha11 be by permit.
All truck traffic to the Prior building must use the driveways on Prior Avenue. Truck
traffic may not use Minnehaha Avenue or Fairview Avenue. A physical bamer must be
maintained on the site to ensure that truck traffic to this building do not use Minnehaha
Avenue.
Tbe City's Public Works Department testified that additional h traffic on Fairview wonld not
pose a safety hazard in the area. As a result, the Planning Commission has no basis in fact on
which to impose such a restricrion.
B. Hours: No tractor trailer trucks may enter the premises or be allowed to idle on the
premises between 10 PM and 7 AM artd on weekends.
This restriction is discriminatory as it singles out 7LT's property, while other similarly situated
indushial landowners aze not required to adhere to such a restriction. Further, a study was
recently conducted for the proposed Dawes Facility, which concluded that truck idling on the site
would not vioIate the City's Noise Ordinance. There is no rationale in law, or in fact as shown
by David Braslau's study, for the discriminatory restrictions on truck idling. �
C. 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 the dock.
There is simply no evidence that has been provided that truck idling beyond fifteen (15) minutes
would adversely impact the environment. Common sense dictates that the impact will be
negligible, based upon the small number of vehicies that travel on Prior and Fairview as opposed
to other nearby streets. The City's Traffic Engineer testified to the same at the public hearing on
September 10, 1999.
D. Noise analysis and noise mitigation: 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 determine the level of noise that could be anticipated from
these facilities. Tf the noise analysis indicated that these facilities without noise
mitigation measures will exceed levels permitted under City noise regulations, sound
mitigation measures must be constructed to ensure that these facilities conforms to City
noise regulations. Such sound mirigation measures must be in place prior to operations.
If another building wiil serve as a sound barrier, the walls must be substantially complete
prior to operations.
A sound level assessment was completed by David Braslau Associates, Inc. for the proposed
Dawes facility. David Braslau made a finding that the potential for violating the Saint Paul �
Noise Ordinance is highly unlikely and a hucking operation would comply with the Saint Paul
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nv
HAMLINE MIDWAY COALITION �
Hamline Park Building � 1564 Lafond At-enue. Sunt Pau1. 3L\ 551�4 � 651-646-1986 • Fac 6>1-641-6123 � districtll@gofasi.net
October 22,1999
Council President Daniel Bostrom
St. Paul City Council
15 W. Kellogg Blvd.
St. Paul, MN 55102
Dear Coe:r.�: Pr2sident Bost�om:
On behalf of the neighbors living in the area surrounding North Fairview and
West Minnehaha Avenues, the Hamline Midway Coalition Board of Directors
wishes to appeal the Planning Commission's October 8, 1999 decision concerning
two JLT office/warehouse site plans. The buildings would be located on West
Minnehaha Avenue--one adjacent to North Fairview Avenue and the other, at
North Prior Avenue.
HMC does not oppose an office/warehouse development at these sites per se. •
Rather, this appeal, supported unanimously by HMC's board of directors at its
October 19 meeting, is based on our belief that more conditions are warranted -to
ensure sufficient protection for the adjacent residential area.
In approving the site plan, the Planning Commission was mandated to foilow St.
Paul Zoning Code #62108 (c), concerning Site Plan review and approval. The code
states:
"In order to approve the site plan, the Planning Cominission shall consider
and find that the site plan is consistent with...(4) Protection of adjacent and
neighboring properties through reasonable provision for such matters as
surface water drainage, sound and sight buffers, preservation of views, light
and air, and those aspects of design which may have substantial effect on
neighboring land uses."
The Planning Commission remgnized the potential adverse impact of the
warehouses on the neighborhood and placed eight conditions on its approval to
diminish these effects. However, it erred in leaving out certain conditions which
we believe are necessary to ensure protection of the neighbors. These conditions
would:
1) Limit the number of truck docks to the original number proposed in the JLT sit •
lof2
Dedicated to making th2 Hamline Midway neigl�borhood a better place 80 live and wor7�.
� Abrenrlalpapu�0%P��<onvumuwaqe
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. Noise Ordinance. Further, like all other residences and businesses in Saint Paul, JLT is both
obligated and committed to abide by the City's Noise Ordinance, regardless of the Planning
Commission's directive.
E. Additional review: The applicant does not lrnow who the tenants for these buildings
will be or the impact they will have on the nearby residential neighborhood. The type
of tenants could significantly affect neighborhood unpact Therefore,
a. The applicant may submit a revised site plan once the tenants have been
determined. Based upon this revised site plan, the Planning Commission may
modify (add or delete) conditions.
b. The Plaiming Commission will review the site plan conditions not more than one
year following the issuance by the City of a Certificate of Occupancy far these
building. The Planning Commission may modify (add or delete) conditions based
on this review.
The one-year review provision is simply commercially impractical and will prevent JLT from
deriving economic use from its property, to which it is entitled. A tenant will be unwilling to
enter into an agreement subject to this arbitrary condirion. The applications for site approval are
for what are called "sped' buildings—meaning JLT intends to buiId them as office/wazehouse,
but without any specific tenants in mind. This is commonly done in the development field where
developers, like JLT, purchase property which is zoned industrial and plans To make use of the
� property with prospective tenants to help our urban city, the neighborhood and themselves. This
condition unreasonably interferes with 7LT's expectation of economic benefit, which derives
from ownership ofprivate property.
Respectfutly Submitted,
O'NEILL, GRILLS & O'NEILL, P.L.L.P.
/ l
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Jos ei
orney for JLT Group Inc.
cc: JLT Group, Inc.
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• Council President Dan Bostrom
October 25,1999
Page 2
plans: 3 docks on the building at Minnehaha and Fairview, 4 docks on the
building at Minnehaha and Prior. The revised JLT site plan proposes 14 and 19
docks, respectively. Because the uses of the proposed buildings continue to be
unknown, HMC and community members believe that this number of bays
could potentially add too great a volume of truck traffic and, in turn, additional
noise, air pollution, and safety risks.
2) Require a 10-foot setback for the building at Minnehaha and Prior, on the side
facing Prior. Presently a zero setback is proposed. St. Paul Zoning Code
�r�l��iciCin �:H'� "I(1R /r\ ( $+�+�c.� }L.;c �Oii�:":..^.b C='..u'.� F,-,_ .`.:ii. Y��:� �� � °'.:': ...
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Safety and convenience of both vehicular and pedestrian traffic both within the
site and in relation to access streets...." Failure to establish a setback would create
a blind corner for drivers heading west on Minnehaha, particularly those
making a left-hand turn to Prior, therefore creating a safety hazard.
3. Modify condition #8, adopted by the Pianning Cominission on October 8, 1999m
to require annual reviews. Again, because the types of businesses are unknown
and could easily change from time to time, the nature of this plan warrants
� regular monitoring for its impact.
4. Prohibit the storage of chemicals, toxins, and the kinds of food that would
necessitate the presence of refrigerated trucks. The first two items present safety
risks; refrigerated trucks are noisy, and are usually kept idling.
For the above reasons, we ask the City Council to accept and hear our appeal. We
look forward to hearing from you concerning our request. Please contact me or
Cathy Lue, HMC community organizer, at (651) 646-1986 (phone) or (651) 641-6123
(fax).
Sincereiy,
Jodi M. Bantley
Executive Director
/jmb
cc: Councilmember Jay Benanav
Councilmember Jerry Blakey
Tom Beach, LIEP
• Gladys Morton, Planning Commission
Patricia Teiken, HMC Board President
city of saint paul
planning commission resolution
�le number 99-72
date October 2z, 1999
WHEREAS, KURT WILLIAMSON, MINNEHAHA LTD, files # 99-212 and 99-216, has appiied for a Site
Plan Review under the provisions of Section 62.198 of the Saint Paul Legislative Code, for the purpose
of constructing two o�ce warehouse buildings on property located south of Minnehaha Avenue between
Fairview Avenue and Prior Avenue, legally described per the attachment A; and
WHEREAS, the Planning Commission on 9/11/1999, held a public hearing at whicfi all persons present
were given an opportunity to be heard pursuant to said application in accordance with the requirements
of Section 64.300 of the Saint Paui Legisiative Code; and
WHEREAS, Saint Pauf Pianning Commission, based on the evidence presented at fhe pubfic hearing as
substantially reflected in the minutes, made the following findings of fact:
�. The proposed buildings The plans show two o�ce/warehouse buildings.
�
Fairview building The building at the corner of Fairview and Minnehaha wou�d have 14 truck
doors on the south side of the building. The truck doors would face away from the residences to the
north across Minnehaha so that most of the impact of trucks using the doors would be screened by �
the building. However, the doors wouid be visible to residents across the street on Fairview. The
site plan shows a 6.5' privacy fence along Fairview souYh of the building to act as a visual screen.
The building would cover 29,800 square feet. It wnuld be 360' long on the side facing Minnehaha
and 80' deep (except for a small office projection on the south side of the building. It would be 27'-4
taff. The main access shown on the site plan wouid be from an existing driveway on Fairview
Avenue.
The building would be set back 10 teet from the �r.operty line along Minnehaha and Fairview. This
area would be landscaped. The privacy fence along Fairview would be set back 10 feet and this
area would be landscaped too.
Prior building 7he building at the corner of Prior and Minnehaha would have 19 truck doors.
These doors would be on the south side of the building, so they would be screened from the
residences to the north across Minnehaha. The doors would be visible from the industrial property
to the west across Prior. The doors would be screened from the east and south by other existing
industrial buildings on the property.
moved by Faricv
seconded b3�
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against
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• Planning Commission Resolution
99-212, 99-216 Kurt Williamson, Minnehaha LTD
Page Two
The building would cover 33,146 square feet. It would be 360' long on the side facing Minnehaha
and 80' deep texcept for an ofifice area that would project from the south face of the building). it
would be 29'-4" tall. The main access would be from an existing driveway on Prior Avenue although
a car or truck could reach the building using an existing driveway on Minnehaha.
The building would be set back 10 feet from the property line along Minnehaha. This area would be
landscaped.
2. Proposed operation JLT does not have tenants lined up for the buildings and is building them
as "spec" buildings. This is a common arrangement for this type of building. However, it has raised
questions among neighbors since they do not know how the building will be used, what the hours
will be, the number and types of trucks etc.
3. 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 p/an and development or project plans forsub-areas of the
city.
The City's recently adopted Land Use Plan supports "compatible mixed use". It also says the
� City should "consider alternatives such as special restrictions on large trucking firms." The site
plan is compatible with the ad}acent residentia( neighborhood if conditions are placed on the
approval that minimize the impact on the nearby residential neighborhood, including truck traffic,
noise, light and the visual impact of this large building.
(b) Applicable ordinances of the City of Saint Paul.
OfficeJwarehouses are a permitted use in an I-1 zoning district.
There is a question about whether the noise from trucks would exceed the maximum levels
established in the City's noise ordinance. A noise study by an acousticaf engineer would
determine if any additional mitigation is needed to meet these noise limits.
(c) Preservation of unique geologic, geographic or hisforrcally signifrcanf characteristics of the city
and environmentalfy sensitive areas.
The site plan is consistent with this finding. The site is a paved parking lot on industrial property.
The neighborhood has environmental concerns about air pollution from existing truck traffic on
tne site and the additional traffic that this facility would generate. However, the Minnesota
Poliution Control Agency told staff that this a facility this size does not require any review by their
o�ce and should not pose any environmental hazzards for the area.
(d) Protection of adjacent and neigh6oring properties through reasonable provision for such matfers
as sur`ace �•�2i�r drain2ge, so�md and siah! bu,'iers, p�eserva:`ion of vre�•�s, light and air, and
• those aspects of design wh�ch may have substantial eiiects on neighbonng land uses.
The site plan is consistent with this finding if conditions are placed on the approval that minimizes
7
Planning Commission Resolution
99-212, 99-216, Kurt Williamson, Minnehaha LTD
Page Three
the impact on the nearby residentiat neighborhood, inciuding truck traffic, noise, light and the
visual impact of this Iarge building.
(e) The a��angement of buildings, uses and facilities of the proposed development in order to assure
abuffing property and/or its occupants will not be unreasonably affected.
The site plan is consistent with this finding if truck tra�c is restricted to Prior Avenue.
(� Creation of energy-conseniing design through landscaping and location, orientation and
elevation ofsfructures.
The site plan meets current standards for energy conservation and is consistent witfi tfiis finding.
(g) Safety and convenience of both vehicular and pedestrian traffic both within the site and in
relation to access streets, including tra�c circulation feafures, fhe locations and design of
entrances and exifs and parking areas within the site.
The site plan is consistent with this finding if all truck traffc uses Prior Avenue. To ensure that
trucks use prior, the existing driveways on Fairview should be closed and an existing physical
barrier on the site should be maintained to ensure that truck tra�c does not use Minnehaha
Avenue.
•
(h) The satisfactory availability and capacity of storm and sanitary sewers, including solutrons to any �
drainage problems in the area of the development.
The site plan is consistent with this finding.
(i) Su�cient landscaping, fences, waUs and parking necessary to meet the above o6jecfives.
The site plan is consistent with this finding if:
- Additional landscaping is provided on the sides of the buildings facing the residential
neighborhood across Minnehaha and Fairview.
- Sound mitigation measures are installed if needed to meet the standards of the City's noise
ordinance.
(j) Site accessibility in accordance with the provisions of fhe Americans with Disabilities Act (ADA),
rnc/uding parking spaces, passengerloading zones and accessible routes.
The site plan is consistent with this finding.
(k) P�ovision for erosion and sediment contro! as specified in the "Ramsey Erosion Sedimenf and
Confro! Handbook."
The site plan is consistent with this finding.
NOW, THEREFORE, BE IT RESOLVED, by the Saint Paul Planning Commission, that under
fhe authority of ihe City's Legislativ� Cod�, the application for a Site Plan Review to ailow two
ofrice warehouse buildings located south of Minnehaha Avenue between Fairview Avenue and .
Prior Avenue is hereby approved subject to the following conditions
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Planning Commission Resolution
99-212, 99-216 Kurt Wiiliamson. Minnehaha LTD
Pag= Four
Driveways Ail truck traffic to the Fairview building must use the south driveway on Prior
Avenue and proceed via the area south of the main existing building. Truck traffic may not use
Minnehaha Avenue or Fairview Avenue. The two existing 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 negatively impact the adjacent
residential neighborhood, the City would consider permitting reopening driveways to Fairview for
these uses as long as this offce/warehouse building did not have access to Fairview. Reopening
driveways shall be by permit.
Afi truck iratf�c to the Prior 6uifding must use the driveways o� Prior Avenue. Truck tra�c may not
use Minnehaha Avenue or Fairview Avenue. A physical barrier must be maintained on the site to
ensure that truck tra�c to this building do not use Minnehaha Avenue.
2. Hours No tractor trailer trucks may enter the premises or be allowed to idle on the premises
between 10 PM and 7 AM and on weekends.
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 the dock.
4. Truck parking Trucks may not stop or park on Fairview, Minnehaha or other nearby residential
streets. Public Works wi11 post signs where needed to help enforce this.
5. Noise anaiysis and noise mitigation 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
determine the level of noise that could be anticipated from these facilities. If the noise analysis
indicates that these facilities without noise mitigation measures will exceed levels permitted under
City noise regulations, sound mitigation measures must be constructed to ensure that these facilities
conforms to City noise regulations. Such sound mitigation measures must be in place prior to
operations. if another building wili serve as a sound barrier, the walls must be substantially
complete prior to operations.
In addition, any public address systems must be constructed and confiigured to minimize public
address noise from adjacent residential neighborhoods. Any mechanical equipment not specifcaily
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.
�
6. Lighting Exterior fighting for the facilities must be aimed and shielded to minimize glare {ight and
light spili over on to adjacent residential property.
7. Setbacks and landscaping The building setbacks of at least 10 feet are required along
Minnehaha and Fairview. These setbacks must be planted and maintained with plant material
approved by site plan staff and which will grow at least 15 to 25 feet tall when mature in order to
form a continuous row along the entire sides of the buildings facing Minnehaha and Fairview.
Additional landscaping must be planted around the perimeter of the site wherever noise barriers or
visual screens are required. The noise barriers or visual scre=ns must be setback 10' from the
prop�-ty I;ne to provide zde�uai° room tor la��scaoina. Th� exis'ting cha�n link ra, �ce in these areas
must be removed.
�
Planning Commission Resolution
99-212, 99-216, Kurt Williamson, Minnehaha LTD
Page Five
8. Additional review The applicant does not know who the tenants for these buildings will be or the
impact they will have on the nearby residential neighborhood. The type of tenant could significantly
affect neighborhood impact. Therefore,
a. The applicant may submit a revised site plan once the tenants have been determined. Based on
this revised site plan the Planning Commission may modify (add or delete) conditions.
b. The Planning Commission will review the site plan conditions not more than one year following
the issuance by the City of a Certificate of Occupancy for these buildings. The Planning
Commission may modify (add or delete) conditions based on this review.
K15�aretl1B'vkholz�PLANNINGViESOLUTM99216PCR wpC
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. 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, October 8, 1999, at
8:30 a.m. in the Conference Center of City Hall.
Commissioners
Present:
Commissioners
Absent:
Mmes. Faricy, McCall, Morton and Nordin and Messrs. Corbey, Dandrea, Field,
Fotsch, Gervais, Gordon, Kramer, Mazgulies and Nowlin.
Mmes. *Donnelly-Cohen, *Duarte, *Engh and *Geisser and Messrs. *Johnson,
Kong, *Mazdell and *Shakir
*Excused
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•
Also Present: Ken Ford, Planning Administrator; Jean B'ukholz, Nancy Frick, Tom Harren,
Allen Lovejoy, Lazry Soderholm and Joel Spoonheim, Department of Planning
and Economic Development staff; Bob Kessler and Tom Beach, the Office of
License, Inspection and Envuonmental Protection.
Neighborhood and Current Planning Committee
Recommendation for JLT Group Site Plan Review for the pmposed two buildings at Prior and
Minnehaha and Fairview and Minnehaha.
Commissioner Faricy reported that committee had a meeting on September 21, 1999, where
recommendations were made regazding the JLT office wazehouse buildings in the Midway area: -The
recommendation being made today is almost verbatim of the Apri123, 1999 recommendation that was
made for the Dawes Trucking Company at the same JLT site.
MOTION: Commissioner Faricy moved approval of the Neighborhood and Cunent Planning
Commi#ee's recommendations jor the JLT Group site plan for the proposed two buildings at Prior
and Minnehaha and Fairview and Minnehahr�
Commissioner Faricy read the recommendations.
Mr. Tom Beach updated the Commission on what has taken place since the committee meeting. JLT
sent a letter with some objections to a number of conditions, although some changes have been made in
them since. It is his understanding that JLT is still opposed to the hours of operation, truck idling, and
the annual review. District 11 Hamline Midway Coalition sent a letter in which they raised three
points: 1) it would be reasonable if JLT went back to the original plan that showed on three doors on
one building and four on the other; 2) they would still like to see a 10-foot setback at Minnehaha and
Prior for tr�c visibility; and 3) they would like to see an annual review rather than a one-yeaz review
because tenants will change.
��
Commissioner Nordin asked what the setback is at Minnehaha and Prior. Mr. Beach responded that the �
setback on Minnehaha right now is 10 feet; there's no setback on Prior since that faces industrial
property across the street. None is required on Prior, but the neighborhood feels that it creates an
unsafe tr�c condition.
Commissioner Gordon asked Mr. Beach to be more specific about the applicanY s letter in opposition to
the committee recommendation, and whether the applicant proposed a modification of each opposed
condition or elitnination of the condition. Mr. Beach replied that what JLT proposed is that those
conditions be deferred until such time as tenants have been selected. Commissioner Gordon asked if
the applicant or his representative were present today. Mr. Beach answered that a representative was
present. Commissioner Gordon asked if the Commission, at the tune of the first review, could decide to
have another review. Mr. Beach replied that it could.
Commissioner Field asked if inembers of the community were allowed to speak at the Neighborhood
and Current Planning Committee meeting. Chair Morton replied that they were. Commissioner Field
stated that his understanding was that the Planniug Commission closed the public heazing two weeks
ago. He questioned how it could occur that members of the community were allowed to speak at the
committee meeting. Commissioner Faricy stated that she was not at the meeting, however
Commissioner Geisser called her after the meeting and told her that there was a question that came up
not to the issue of the rivo new wazehouse buildings, but with regard to the Dawes Trucking building.
Commissioner Gordon stated that he was at the meeting and his recollection was that the nature of the
input was in response to questions voiced by committee members as to the locarion of a driveway on
Minnehaha. None of the committee members were s�se about whether there was one or where it was,
and someone from the audience volunteered informarion with respect to that. He added that sort of �
phenomenon has occurred at other committees on other occasions. It was for the very limited purpose
of providing committee members with some information that they needed.
Mr. Beach concurred with Commissioner Gordon's recollection.
Commissioner Nowlin asked if there was a prohibi6on in the Planning Commission rules of procedures
as to speaking extemporaneously at committee meetings. Mr. Ford stated that his understanding is that
�.�„ _, ,, � once the public hearing is closed, there's no public testimony but commissioners are always free to ask
questions of someone who's there for information, if they wish.
Commissioner Gordon said that the committee reviewed the previous conditions imposed by the
Planning Commission and also by the City Council. The committee looked at each one and tried to
determine whether it was appropriate for this application and if not, should it be modified or deleted.
Some of the conditions are identical or substantially identical to previous conditions; others were
modified in light of this application. Because the applicant was unable to provide us with spec�c
informarion about the particulaz uses of t[iese buildings resulted in condition #8, providing for the one-
year review because by that time, the uses ought be determined. It was a very focused attempt to not
duplicate the Dawes application, but to use it as the starting point for purposes of determining what
conditions ought apply here. He added that he thinks this recommendation is a very reasonable
accommodarion to the legitimate concems of the neighbors and the legitimate concems of the applicant.
Commissioner Field stated that this recommendation is structured like it was for Dawes Trucking.
MOTION: Commissioner Field moved that conditions 2, 3, S be stricken and condition 8 be •
modified to read:
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ao-�{!3
� The applicant does not know who the tenanu for these buildings wi11 be or the impaci they wi11
have on the nearby residential neighbnrhood The type of tenant could significantly affect
neighborhood impact. Therefore, staff from the Offue of Licertse, InspeMions, and
Environmental Protection shall inspect the site on a regular basis and make a repon tn the
Planning Commission if and when the site conditions are not being followed and/ar whether all
applicable City ordinances are not being meG If comp[iance is verified by ixspection, staff wi11
take normal enforcement action including criminal citations and/or recommendalions to the
Planning Commusion to the verification of the violalions of the site plan conditions and/or other
applicable ordinances; Contnrissioner %ramer seconded the motiorr.
Commissioner Field stated that it is not known what will be on this site, and he is troubled that the
recommendation seems to follow the same conditions as for Dawes Trucking.
Commissioner Gordon stated that he opposes the motion. He said that the Planning Commission does
know that there aze 33 doors planned for these buildings, more than the number of doors for Dawes.
That would seem to indicate a higher level of condirions that for Dawes. Secondly, the committee did
not just duplicate the Dawes conditions. For e�nple, one of the conditions in the Dawes case was
imposed by the City Council and it was appro�tnately 45 trucks per week. The committee didn't put
that into this recommendation because there wasn't enough information, but thaYs the reason it put in
the one yeaz review. Also, the hours were changed to apply to tractor trailer trucks rather than any
trucks. In the Dawes conditions, it was any trucks. If you line up the conditions, you will see that they
aze not uniformly idenrical. Commissioner Gordon noted that he shazed Commissioner Field's concern
about dealing with something where we don't have all the information, but this is the applicant's doing.
The applicant submitted the plan without knowing all of the uses to which the property may be put.
� Maybe it would make more sense to wait until the applicant knows what the uses aze before he comes
in with a site plan. But thaYs not whaYs happening here, so the Commission has to deal with it. If the
applicant makes us choose to deal with it without providing us with all the information, all the Planning
Commission can do is take that into consideration and ptovide some protections that will recognize
what might happen in the future. He doesn't think that this is justification for just eliminating
conditions because all of the information is not provided. There is enough information to justify each
and every condition in the way it was drafted for this application.
- Commissioner Mazgulies questioned whether there was a way to accommodate both of the positions.
He suggested taking #8 and saying that when the Commission has a specific site plan in front of them,
it will then review the site plan based on the use. We could defer this question until a specific used is
proposed.
Commissioner Field said he would need to think about that. Responding to Commissioner Gordon's
comment on the number of doors, he stated that when he references the number of doors, he's thinking
of heavy truck tractor type of traffic. A lot of office wazehouses haue small delivery vans and vehicles
that don't consritute the type of activity which might be representative of a Dawes Trucking. The big
frustration in dealing with this is that we don't know who's going to be there and how it's going to be
used.
Commissioner Mazgulies stated that the problem he has with Commissioner Field's language is that a
review occurs and then we're asking staff and LIEP to follow-up to see if there's compliance with some
� rules and zegulations. The specific concerns that we might have about that site are never put into effect.
There's nothing for them to ]ook at in terms of generating specific responses to specific problems.
Commissioner Nowlin, too, is iroubled that there is no information regazding use. He said that an
IS
application like tlus received in any suburban municipality just wouldn't go any place. There is no site �
plan; there is no dimensional layout, He thinks that the Commission should deny the site plan because
tfiere isn't a good drawing. He doesn't have all his quesfions answered and he doesn't Iike the idea of
tacking on a lot of conditions when we don't have the answers. He doesn't think that some of the
conditions recommended by the committee should be deleted because the Commission has seen a
proposal (the site plan) that was talking about 34 additional bays, and thaYs a truck facility, and he
doesn't think they should be knocked out with the proviso that the applicant, at any time, can explain
that this is not truck terminal or has been modified and therefore needs modification of the site plan
conditions. The Planning Commission should make it clear that the applicant can do that. With that
addition, he wilt go along witfi wfiat the Committee has recommended.
Commissioner Kramer is concemed that the conditions seem to address specific issues, but that in the
one-yeaz review period, there may well be issues one way or another that tlus doesn't address. He
thinks that the language Commissioner Field has proposed under #8 compazed to what e�cists in the
committee's mofion, allows for quicker action by the City than waiting an entire yeaz if something
would need to be changed—maybe there needs to be a little tweaking there. Right now it says that the
City witl not do anythiug for a yeaz, and he thinks that's not necessarily the right way to proceed.
Commissioner Dandrea referred to item #2 under fmdings. He asked Mr. Beach if putting up this kind
of "spec" building is a common arrangement as it says in the findings. Mr. Beach responded that this
type of building is designed to be flelcible. You can put up the siructure and then you can subdivide the
spaces into five small spaces or two big spaces, etc. It is fairly common for this type of building.
Coatmission Gordon stated that as he understands i� this is a site plan approval process, so, if the
Commission takes out condirions #2, #3, etc., and approve this site plan without those conditions, thaYs �
what gces forwazd. If we do that, he supposes Dawes Trucking could be moved in next week, without
any of the conditions that were originally attached to their applicarion, and that would indeed be a
disservice to the community and the City. Regazding the comments about flexibility (adding or
deleting), condition #8 takes cazes of that in the last sentence. There also has been concem expressed
about having to wait one yeaz. We don't have to wait one year. Condition #8 is phrased in terms of
having the review "not more" than one year. So, obviously, it could be less than one year, and aY the
request of the applicant or the residents or both. He thinks, the committee has built in protections. The
Commission could simply deny ttris site plan. We can't adequately make judgements about what
conditions should be in here, so we could just deny it and wait until we can, but he thinks that may be
uafair to the applicant. He thinks that what the committee has gone to considerable effort to shvcture is
an appmach to enable the applicant to go forwazd and at the same time, retains sufficient protections for
the community and the neighbors, and a reservation of the fle�bility we would need if something were
to happen such that either the applicant or the neighbors tUink there ought be a change, they can make
the request any time within the ne�ct year. He thinks a point that the members need to focus on is that
tlus is a reasonable approach in accommodating the interests of the applicant and the neighbors.
Commissioner Nordin thinks that all tfie conditions should remain. Sfie, too, feeIs that tfiis site plan
proposal has not been presented the way it should be. If she were to be the azclutect for this client and
present this project the way it has been presented here, she would be extremely embarrassed. There aze
too many things left to the Commission's imagination in this proposal, and that it why it needs all this
criteria, if we aze going to pass it. Once this is built and has uses, those uses are subject to change
within the next yeaz. So, the Planning Commission needs to be very carefiil for the neighborhood �
residents who aze right across the street. This would not be built in a suburb. There is too much
missing.
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• Commissioner Margulies is bothered on all sides of this issue. One problem he has is that if we pass
this resolution with the one-yeaz review and we have a defacto site plan, we're really telling the
developer to go ahead and build this and start leasing. A year from now when this project is: a) built;
and b) leased-up, the City might be telling the developer he can't do a, b, c, and d, when he has leases
which requ'ue him to allow a, b, c, and d. Then the City is going to be in a much more difficult
situation, litigation wise, than we are today, litigation wise. He thinks that if there are some things the
Commission wants to say about tlus project, it ought to do so now. The idea of going back after the
projecYs built and leased and starting to operate and telling them there are additional rules which none
knew about, is really bothersome to him in terms of a due process scenario. He has a problem with
lefting the developer getting too faz down the road. If the developer wants to come back when he has a
better idea of what the uses are going to be or not going to be—maybe thaYll work. Even with a more
specific site plan, we might not know who will be leasing and what the uses will be.
Commissioner Gordon noted that he hasn't any of the problems that Commissioner Margulies has with
respect to the applicant developing this and a yeaz from now having these conditions revisited. This is
the applicanYs doing. The applicant has chosen to come in and apply for a site plan without providing
the City with all of the information. The Commission is dealing with that in a reasonable fashion. If
the applicant wants to go fonvazd, then he does so at the applicanYs risk. He doesn't think thaYs unfair.
This recommendation has been structured so that the nea�t review should be not more than one yeaz, so
if something comes up for the applicant that is of concern, the applicant can certainly apply for a review
prior to one year.
Commissioner Nowlin commented to Commissioner Dandrea. What is unusual here is not a"spec"
building. WhaYs unusual here is to have a"loosey, goosey" site plan that doesn't say anything very
� well. We have been offered something to accept or reject on faith in terms of what's going to go on
here. ThaY s not right. An applicant should have to be more specific. He thinks what the committee
has done is reasonable. They have assumed the worst case which would be a lot of trucks.
Theoretically, it the Planning Commission approves Cotnmissioner Field's morion, Dawes could go
back in. He is with the committee to the extent that these are the minitnum requirements that ought to
be imposed. He also agrees that since we don't know, we need some flexibility. He thinks that #8
should make it cleaz that the applicant can request a review.
MOTION: Commissioner Fotsch moved thal debate be closed on Commissioner Field's motion.
Commissioner Mugulies commented that he is bothered by putting post development restrictions on an
operation when we know today what those operations could be.
The motion on theJloor to end debate carried unanimously on a voice vote
Commissioner Field re-read his motion.
Commissioner Field's motion to amend canied on a roll caU vote of 7- 6(Faricy, Fotsch, Gordon,
Margulies, Nordin, Nowlin).
The amended motion on theJloor to approve the site plan failed on a roll call vote of S- 8(Corbey,
Faricy, Fotsch, Gordon, Margulies, McCall, No�din, Nowlin).
� MOTION: Commissioner Nowlin moved that the site plan be denied; Comtnissioner Nordin
seconded the motion.
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Commissioner Nowlin explained that what the Commission is expressing here is that it has inadequate �
information on wkich to approve the application or to appropriately condition the proposal. The
applicant needs to return with something more cleaz.
Commissioner Gordon commenYed that not appmving Yhis site plan is certainly better than approving it
without the specific conditions that the committee had developed. He will support the moflon to deny
the site plan.
Commissioner Margulies commented that if the someone had put a motion before the Commission that
had kept the restricrions but included Commissioner Nowlin's language, he thought there might have
been some support. Perhaps there's a way to revisit that. He asked if the proposal could be resubmitted
today.
Commissioner Nowlin noted that he would accept, as a friendly amendment to the mofion to simply
deny, but that the matter should be sent back to committee for further consideration.
Commissioner Margulies asked Commissioner Nowlin what could be sifted out in committee that has
not been flusfied out here.
Commissioner Fotsch, on point of order, interjected that the main motion can be referted back to the
committee, but it does require a friendly amendment.
SUBSTITUTE M01TON: Commissioner Margu[ies moved to approve the Neighborhood and
Cunent Planni�tg Cnmmittee's recomn:endations for the JlT Group site pian for tlte proposed two
buiiding at Prior and Minnehaha and Fairview and Minnehaha except that #8 would include •ri� •- : s�� �
al[owing both the applicant and the Planning Commission to seek mod�cations ar apprnpriate
during the development process; Conprrissioner Fotsch seconded the motion.
Commissioner Fotsch spoke to the substitute motion which allows the applicant to work out some
accommodation. There is the flexibility here; it's a good solution.
MOTION: Commissioner Paricy moved to call the question; Commissioner Fouch seconded the
�•t•,.. motion which canied on a voice vot�
Commissioner Mazgulies cl�ed that the vote will be on the Neighborhood and Cumnt Planning
Committee's recommendations as they appeu, except #8 will allow the applicant, as well as the
Plazming Commission, to pose farther modificafions based upon the project as it is more specifically
developed. The last line of #8 shall read:
The Planning Commission or Yhe applicanY may modify (add or delete) conditions based on this
review.
The substitute mokon on the floor to approve the Neighborhood and Current Planning Commit[ee's
recommendations for the JLT Group site plan for the proposed two buildings at Prior and
Minnehaha and Fairview and Minnehaha, and to reword the last sentence in #8 to read:
The Planning Commission or the applicant may modify (add or delete) conditions based on this
review �
canied on a voice vote (Dandrea, Field, Gervais, Sramer, Morton).
f,
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. 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, September 10, 1999, at
8:30 a.m. in the Conference Center of City Hall.
Commissioners Mmes. Donnelly-Cohen, Duarte, Engh, Faricy, Geisser, McCail, Morton and Nordin
Present: and Messrs. Corbey, Dandrea, Field, Fotsch, Gervais, Gordon, Krazner, Mazdell,
Mazgulies, Nowlin and Shakir.
Commissioners Messrs. *Johnson and Kong
Absent:
*Excused
C .J
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Also Present: Ken Ford, Planning Administrator; Jean Birkholz, Nancy Frick, Tom Harren, Nancy
Homans, Lucy Thompson, Allan Torstenson and James Zdon, Department of
Planning and Economic Development staff; Tom Beach and Bob Kessler, Office of
License, Inspection and Environmental Protection; Bill Hagland aud A1 Shetka,
Tr�c Engineering, Department of Public Works.
I.
II.
III. Planning Administrator's Announcements
Approval of Min�es of August 13 and August 27, 1999
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MOTION: Com�nissiote�r %ramer moved approval of the minutes offl ugust 13, I999 and
August 27, I994; Commiss`ianer Mardell seconded the motion which carried unanimously on
a voice vote
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Chair's Announcements �� �
Chair Morton announced that Mr. Ken Ford v�ill be leaving the Departrnent of Planning and
Economic Development between October and beginning of the new yeaz. Mr. Ford
responded by saying that the possibility of retirerx�nt and doing a few other things is something
that he has been thinking about for some.time, and dec�ed to make it happen a little before the
end of this yeaz. He noted that it was a hazd decision to c`otne to given the way he enjoys this
work and working with the Planning Commission. ,
Mr. Ford announced that he has handed out some information about au�ic�training conferences
that the American Planning Association offers. \
t
Mr. Ford announced that this last week, the City Council approved the rezoning or St. Paul
Brass and for the Riverbend Industrial Park. A pubtic hearntg was held this week the
Shepazd Davem Gateway Small Area Plan. The City Council laid it over to September , 1999.
Most of the testimony focused on the issue of affordable housing and some interest in having
(7
more specific targeu for affordable housing in the Shepazd Davem azea in the plan. The City
Council set October 6, 1999, for public heariugs on the Merriam Pazk and Hamline Midway �
Special Sign Districts.
IV. ����,T� HF�(t1N�i: JLT Group Site Plan Review for the proposed two buildings at Prior and
Mivnehaha and Fairview and Minnehaha (Tom Beach, 266-9086, LIEP).
Chair Morton zead the rules and procedures for public hearings.
Mr. Tom Beach, the Office of License, Inspection and Environmental Protection, showed slides
of the site and gave a short presentation.
JLT Group is proposing to conslruct two office/wazehouse buildings on property they own
bounded by Minuehaha, Fairview and Prior. The site covers appro�cimately 14'h acres. It has
been used for industrial uses for a number of yeazs. JLT has owned it for about the last three
years. Fzrlier this year, JLT submitted a site plan for a trucking facility for Dawes Trucking.
That facility was going to have 26 doors for trucks. The Planning Commission approved the site
plan wiYh a number of conditions including existing curb cuts on Fairview, construction sound
barriers, and reshicting hours of operation. The City Council heazd the case on appeal; they
approved it with the same condifions that the Planning Commission recommended, plus added
some new conditions including limiting the number of hvcks and requiring an annual review of
the site plan. The Mayor vetoed that decision, but the City Council overturned the veto on a
vote of 5-2. JLT Group has since filed a lawsuit about that case. Now, they are proposing hvo
buildings. One would go along Miunehaha; the other would be located along Minnehaha and
Prior.
Mr. Beach read the staff recommendations.
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Commissioner Gordon stated that he is concemed about approving a site pIan without having a
better idea of the use of the buildings. Regarding fmdings 3d and 3e, the staff recommendation
says that "the site plan is consistent if conditions are placed on the approval that minunizes the
impact on the neazby residential neighborhood, including truck traffiq noise, light and the visual
impact of this lazge building," A number of the conditions do deal with truck traffic, but if the
site plan is approved consistent with the staff report, what would happen if we end up with a
couple hundred trucks per day in that facility? What is to protect these concems that run in
favor of the neighboring Iand owners and residents around this site if tfiere turns out to be some
huge amount of truck traffic? Mr. Beach responded that when the noise analysis was done for
Dawes Trucking, there were some assumptions made about a reasonable number of trucks given
a number of doors. The noise analysis takes the more reslrictive standazds that apply from 10
p.m. to 7 a.m. Commissioner Gordon asked if the site plan is approved consistent with the staff
recommendarion, is there any limit on the number of trucks that could access that site over the
given course of a day? Mr. Beach answered that there was not. If it turned out that the noise
ordinance were violated, the City would need to make sure that JLT came into compliance witii
it. Commissioner Gordon indicated that if there would be a lazge number of trucks, they would
impact on more than just noise. There would be safety issues if trucks would be backed-up into
intersections. Mv Beach responded that one of the conditions is that trucks have to use Prior to
enter the site, and maneuvering the trucks would be going on in the site itself. Commissioner
Gordon asked Mr. Beach whether he has thought of a way of structuring this so that there would
be some review or control on the total number of trucks that could use the site? Mr. Beach �
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replied that staff didn't consider that; and added that iYs not an easy thing to enforce. They
• hoped to settle some of those problems with the design of the buildings.
Commissioner Geisser asked if when the MPCA did their environmental study, did ihey do a
specific site study or a cumulative affect on air and the environmental? Mr. Beach stated that
when he spoke to them, he gave them this site only. Commissioner Geisser noted that the whole
azea between Fairview and Mimiehaha has a lot of truck traffic. Mr. Beach replied that such a
decision would be up to the MPCA ; the City can't requ'ue one by themselves.
Commissioner Mazgulies asked if Mr. Beach knew the status of the Dawes litigation and the
outstanding issues involved. Mr. Beach replied that all he knew is what he read in the paper.
Joe O'Neil, 168 East Sixth Street, Saint Paul, attomey representing JLT Incorporated, addressed
the Commission. Fie expressed that two weeks ago, some of the Commission members
suggested to him very strongly that he and Mr. Trooien should make a strong effort to meet with
the neighbors. Through the cooperation of the Hamline Midway Coalition, JLT had a very good
meeting on Wednesday night with the neighborhood. Both Mr. Trooien and Mr. Meyer from
JLT were there, along with neighbors and the people from the Hamline Midway Coalition. It
was a good meeting and an understand3ng was reached that will be very helpful in the future.
Mr. O'Neil referred to a lazge zoning map to show that the whole azea near this site is an
industrial azea. He said that he drove azound in the area counting the number of doors on many
of the businesses in the azea. Some of the doors were inside the sites; many were leading
directly onto the streets. Mr. O'Neil pointed out that in the Legislative Code there is no
restrictions on the number of trucks permitted into a facility. None of the businesses in this azea
� aze restricted as to number of hucks. JLT Group bought this property in 1996. The properry had
been vacant for many yeazs. JLT has tried to utilize and develop it in a way that is consistent
with City legislation. He pointed out that going north on Fairview, there's about 14 truck sites
that have access right onto Fairview Avenue, and Prior Avenue also has many truck sites that
access right onto it. He reiterated that industrial sites do not have any limitations regazding the
number of truck traffia If however, there is any violation of City codes, people need to comply,
and JLT certainly intends to do as well. A noise study that was done on this property on the
Dawes matter found that there was no violation. It appears that this use of industrial property is
consistent with the code and consistent with the use of an office/warehouse or a trucking facility.
There is nothing in Saint Paul's code that restricts the number of doors in a build'mg. Mr. O'Neil
indicated that they intend to comply with all of the staff recommendations even though some of
the restrictions aze more than other industrial property owners have out there. He asked the
Planning Commission to be equal in so faz as its consideration of the property rights of the
industrial owner, JLT, and decide today to approve the site plans for both buildings.
Commissioner Faricy asked who did the noise study for the Dawes Trucking site, and if a copy
was available. Mr. O'Neil answered that David Braslau did the study and he thinks that the
Planning Commission has a copy of it If cost about $5,000 and was paid for by JLT.
Commissioner Faricy asked about the August 18, 19991etter from Hamline Midway Coalition.
Mr. O'Nei1 replied that he was referring to yesterday's letter. The Planning Commission did not
received it; Commissioner Gordon had been faaced the letter. Mr. O'Neil passed out copies of
the letter.
• Commissioner Nowlin asked about the Dawes matter. Mr. O'Neil replied that action has
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commenced in the Ramsey County District Court; the answer has not yet been £led by the City.
A hearing is scheduled for Monday, September 13, 1999, for a temporary reslraining order. •
Commissioner Nowlin asked if Dawes is planning to go into the site on the east side. Mr.
O'Neil answered that they aze not; JLT lost Dawes. Commissioner Nowlin asked if JLT was
suing on the land use restrictions or for damages. Mr. O'Neil responded that JLT was suing for
both.
Commissioner Gordon commended Mr. O'Neil, Mr. Trooien and the Hamline Midway Coalition
on getting together and meeting with the community to discuss these issues and in reaching
agreement on a number of concems. He encouraged them to continue in those efforts in hopes
of reaching agreement in the remaining unresolved issues. With respect to the role of the
Plauning Commission, the Land Use Plan calls for compatible mixed use, so the Commission
needs to be looking at a way for the use of this property that is compaUble with the residential
neighborhood that abuts it on aY least rivo sides. Commissioner Gordon agrees that the code
does not contain a specific res�iction on the number of trucks, but the code does require the
Planning Commission to make certain findings, such as there will be no unreasonable affects on
neighboring land owners. In order for the Commission to make those findings, it needs to take
into consideration things such as the level of truck traffic because given some level of traffic,
there could be an impact on surrounding use. If JLT were to run 500 trucks per day into
buildings, it might have an unreasonable affect on the neighborhood. T'he concem is how does
the Planning Commission approve a site plan without lmowing that? He asked Mr. O'Neil if he
has considered structuring this in a way that would enable approval of the site plan and yet
protect against an excessive amount of truck traffc that wouId unreasonably impact the
surrounding residential neighborhood? Mr. O'Neil replied that he thinks the real restriction is
the size of the building. The size of the 565,000 square foot building at Gregs Cooper will lend �
itself to a certain number of trucks; a sma1129,000 square foot building or a 33,000 square foot
building is restricted by the number of doors proposed. Mr. O'Neil indicated that the affect the
Commission must fmd is not whether it's reasonable or unreasonable, but whether or not it has a
substantial effect. Whether or not it has a substantial effect is a decision for the Planning
Commission to make, although these aze not lazge buildings. The number of doors that aze
proposed would restrict the number of trucks that could be available for loading and unloading
during the day, Commissioner Gordon asked how many doors aze proposed. Mr. O'Neil
answered that there aze 33 total doors proposed for both buildings, Commissioner Gordon asked
if he had heazd conectly that these 33 doors are contained within walls. Mr. O'Neil responded
that they aze within walls. There will be a wall all along the exterior of the properry, 27 feet
high; 6racks wouid come inside tfiat wall. Commissioner Gordon asked if the outcome of this
site plan review will have any impact on the litigation process regazding the Dawes Tmcking site
plan review. Mr. O'Neil replied that he can't answer that question. All he can say is that the
City has not yet filed a response.
Commissioner Nordin asked if this building were designed as a one-tenant or possibly a rivo-
tenant building. Mr. O'Neil responded that it was not designed as a one- or two-tenant building;
more possibly for multi-tenants. Mr. Trooien, JLT Group, explained that when they designed
the northeast building, they put in the maximum number of docks so that they would not need to
come back for further approval if the number of docks increased.
Commissioner Mazgulies asked how many doors were in the Dawes building. Mr. O'Neil
replied there were 26. Commissioner Mazgulies asked, although he and JLT want the Planning
Commission to base ifs decision on the number of doors, (given the Commission's decision, it �
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needs to look at the unpact); what assumptions do they want the Couunission to use with respect
� to the number of trucks on a daily basis that will be utilizing this site? Mr. O'Neil replied that
again the test is one of whether or not this use has a substanrial affect, and he indicated that the
Commission should rely on the staff £mdings and stafPs indication that this use is consistent
with industrial use and with the I,egislarive Code. He stated that he can't answer what the
number of trucks would be. In e�minarion, they have not found any other industrial site in the
Midway azea that has any restrictions on the number of lrucks, regazdless of how many doors
they have.
Commissioner Nowlin is troubled because he sees two building plans in front of him but he
doesn't see one site plan. He asked Mr. O'Neil what he considered the site to be. Mr. O'Neil
replied that the site is the 14.5 acres. Commissioner Nowlin agreed. Mr. O'Neil noted that you
need a specific building positioned within that site. Commissioner Nowlin stated that the issue
here today is not zoning classification I-1 or something else. Everyone here agees that we're
not changing the zoning code or the zoning treatrnent of the property. The issue is site planning.
In the suburbs, this 15 acres would have a site plan, but we're not seeing that today and we've
got these problems. The Planning Commission's job is to assess and to make sure that there is
no substantial adverse impact on surrounding property. Here, we don't even have a number of
trucks that might use this. Commissioner Nowlin wonders how many more buildings can be
constructed on this 15 acres; perhaps a lot more. This is not done yet. Mr. Trooien responded
that he doesn't know where they would put the next building, other than where Dawes would
have gone. Commissioner Nowlin pointed out that the Commission does not have anything in
front of them that cleazly shows whaYs going to happen at this site for a long period of time.
Mr. Trooien asked if there was a correlation between a site plan and restricting a number of
trucks. To him the real issue is whether there aze any other buildings that have those
. restrictions; is there dual treatment going on? Commissioner Nowlin replied that Mr. Trooien
would find out in court that the way zoning works is cumulative and impacts aze cumulative. He
added that iYs too bad that Mr. Trooien is the last owner there; the Planning Commission really
wants to help him. It's a h old piece of properry and it ought to be reused and it ought to
be used for industrial. The problem is that there is already industry there. Now, someone needs
to figure out how to exist there without exasperating an already existing impact. That's the law;
not, "I get to do the same thing as the guy next door." Mr. Trooien thinks there is some element
of that, but he thinks the issue here revolves more azound the number of trucks, and a small
bullding cannot generate as lazge an aznount of truck traffic as a lazge building would do with a
lot of continual distribution.
Commissioner Engh asked Mr. O'Neil if he knew what the average daily traffic count is on Prior
and Fairview. Mr. O'Neil replied that he did not. Commissioner Engh thinks that is something
the Commission should fmd out because counting truck doors is only a snapshot of what
potentially could go in there. Having driven up and down those streets, she thinks that a traffic
count would provide helpful information. Mr. Beach responded that the ir�c count on
Fairview south of Minnehaha is 7,650 vehicles per day; Prior is 4,100 vehicles per day; Pierce
Butler gets about 12,000; University Avenue in that azea gets about 22,000; Minnehaha gets
about 1,500 vehicles per day.
Commissioner Gordon asked Mr. O'Neil if the Planning Commission approved this site plan
with staff recommendations, would the approval also apply to the already existing building on
this site (the Dawes building). Mr. O'Neil replied that it would not. Commissioner Gordon
• asked if this site plan were dealing with only these two buildings. Mr. O'Neil replied that it was.
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Commissioner Mazdell asked Mr. Trooien about the mazket they were Iooking for in building
these buildings. To him, it seemed likely to be more in the micro-office wazehousing �
distriburion type of mazket. Mr. Trooien replied that JLT thinks there's a mazket for smaller bay
use, not heavy truck users. The lazge number of doors put into the design is to give JLT some
options.
Public Testimonv
1. Cheryl Haznmerlindl, 67Z North Fairview Avenue, addressed tfie Commission. She said that
providing that condirions to limit truck traffic, provide safety, and address concems and preserve
the quality of the neighborhood, this is possibly an acceptable development. One of her major
concerns is the increased number of dock doors added to the original plan. There being no
restrictions on the e�sting companies in the neighborhood is a difficuit problem for the
neighborhood because all of the things that Mr. O'Neil explained aze along Fairview, Prior, and
Pierce Butler, have led to difficulties in the community. The fact that the Midway area is a
junction between Saint Paul and Minneapolis has led to the over saturation of iruck related
bus➢nesses in this very small residential area. She asked the Planning Commission to take that
into consideration. Decisions that have been made about development in the city forry years ago
affect this neighborhood today. Decisions that are made today about development will affect
this neighborhood for at least forty more years. Both Minnehaha and Fairview have traffic and
pazking pmblems. The neighborhood hopes to meet with the Public Works Department and the
Police Department to resolve some of the issues and reduce any negative affects that more or
new traffic would have on the azea. Neighbors and members of the district council met with Mr.
Trooien on September 8, and came away hopeful that Mr. Trooien will continue to be willing to
address the community's concems. The community is interested in talking further with Mr.
Trooien about altemative development for this property. The community respects Mr. Trooien's �
right to develop this properry as long as iYs compatible with the neighborhood and does not have
a negative affect on the quality of life for this area of residents.
Chair Morton asked if commissioners had any quesrions for the Public Works' engineers.
Commissioner Gordon asked Mr. Shetka if he had any sense about what would be excessive
truck traffic, the point at which the level of truck traffic would unreasonably, substantially,
adversely impact on the surrounding neighborhood. He noted thaY was a difficult question to
quantify or qualify. If trucks would come in a convoy to load/unload at 33 docks, it certainly
would present a probletn for any particulaz place. Normally, in azeas where there is heavy truck
traffic, it's distributed throughout the work day, which does not lend itself to a problem.
Occasionally, there may be some congestion and some noise, but congesrion and noise, in and of
themselves do not create an unsafe condition. In fact, it may ha�e the opposite affect by
congesting a street—slowing down and calming tr�c. This is a question that really cannot be
responded to until there aze numbers and volumes to be analyzed.
Commissioner Nowlin asked Mr. Shetka to talk about the existing tr�c volumes. Mr. Shetka
replied that Fairview is about 7,600 and Prior is about 4,100. He added that these are noY
excessive volumes. Sh�eets like Cretin Avenue neaz St. Thomas carries about 16,000 vehicles
per day; Snelling has about 48,000 vehicles per day. Commissioner Nowlin asked where the
majority of truck tra�c from this azea would e�t Mr. Shetka responded that depends on their
origin and destination.
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2. James Turkowski, 1861 Englewood Avenue, addressed the Commission. He pointed out that
• the proposed building at Minnehaha and Prior has no setbacks indicated, which will create a
blind comer on the southeast corner, like the cunent building across the street produces. This
will make tuming north or south onto Prior from Minnehaha dangerous. Also, traffic heading
north on Prior will not be able to see traffic that is approaching from the west on Minnehaha_
The second concern is that the truck docks increased from seven to 33, which appears to be a
shift from wazehouse/office buildings to a major trucking facility, one that is even lazger that the
eazlier one proposed along Fairview, a proposal that was only approved after critical conditions
were placed on it by the City Council.
3. Roberta Mackin, 1804 Englewood Avenue, addressed the Commission. She explained that
the reason the neighborhood has gathered together and has 70 people on their call list is because
they don't want their neighborhood to look like North Prior. If the City wants more housing,
then she thinks the industrial people aze going to have to accommodate it. She is concerned
about these proposed buildings that have no designated use abutted to a residential neighborhood
that has been azound a long time before Mr. Trooien bought the property. There ought to be new
restrictions and conditions. The neighborhood doesn't want any chemical waste products for
obvious reasons and no produce or meats that require refrigerated trucks, which need to be left
running producing more noise. The neighborhood would prefer office type buildings and there
should be no exit onto Fairview Avenue.
4. Kimberly Nightingale, 1689 Van Buren Avenue, addressed the Commission. She and her
husband own a duplex in the neighborhood. She noted that it is good that Mr. Trooien is
working with the community. It is also good to know that there will be no truck access onto
Fairview. The neighborhood is currently investing money into its homes and needs to be
� assured that residential properties will not be negarively impacted by JLT's plans. There aze
safety and pollution issues that the neighborhood is concerned about. There are approaumately
75 children in the area, and the neighborhood is concerned about keeping them safe from traffic
problems and pollution.
5. Ron Williams, 779 Clayland Street, addressed the Commission representing the Sierra Club.
In the Sierra Club's view, truck tezminals aze illegal because they violate the City's Zoning
Ordinance, the 1983 Land Use Plan, the 1999 Land Use Plan, the City Noise Ordinance and the
1980 District 1 I Plan. The Siema Club is not saying that Mr. Trooien has no right to develop his
property for a light industrial use and that they expect the land should be turned into a wetland.
It hopes that he will fmd a use that is compatible with the neighborhood. The Zoning Code for
the City of Saint Paul says that the intent of the I-1 Indush�ial District is "to primazily
accommodate wholesale and warehouse activities and indush operations whose external
physical affects aze restricted to the azea of the district, and in no manner affect the surrounding
districts in a detrimental way." The code further states that new buildings in I-1 must conform
to specific uses including "wazehousing and hotel establislunents and trucking facilities." The
thrust of the Zoning Code here is to define permitted I-1 light industrial acrivity as that which
has no deleterious affects on the surrounding azea. The code sharply distinguishes I-1 from the
next industrial classification, I-2, by stating that I-2 is for certain "industrial operations whose
extemal affects will be felt in surrounding districts." Classification I-1 indicates that its
permitted uses aze restricted to those which have no adverse physical affects on neighboring
azeas. Trucking facilifies, along with other specified uses aze allowable only on locations where
they "in no manner affect the surrounding districts in a detrimentat way." The problem here is
• that the proposed buildings will have a substantial affect on neighborhood residents. A pertinent
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part of the 1980 Saint Paul Land Use Plan says "mixing the incompatible uses will create an
unsuccessful development. For example, uses which generate lazge volumes oftraffic, noise or •
air pollution cannot be combined with uses requiring quiet. This azea is only about 12 blocks
away from what in the past was the most au polluted site in Minnesota, Snelling and University.
The City has worked hazd to reduce air pollurion at this site. The introduction of these proposed
truck facilities threatens the air quality of tlus azea, a problem which should be studied. The
need for such a study is even more pressing now since we are now considering faciIities wifh tfie
capacity to serve 150-200 trucks per week, instead of the 45 per week for the southem most
terminal. The 1999 Land Use Plan is even more supportive than the 1980 Plan in protecting
residenrial neighborhoods from adjacent incompatible development. The Sierra Club
understands that the City of Saint Paul intends to prohibit addirional truck h facili6es in
Saint Pavl just a Roseville did some years ago and other azea municipalities have done. It makes
no sense for the City to establish a policy like this and then squeeze in more developments of the
sort that this policy prohibits. It is critical that the Saint Paul Planning Commission has
adequate environmental information in siting these site plans with serious possible affects on
adjoining neighborhoods. The State of Minnesota Environmental Rights Act states:
The Legislature Fmds and declazes that each person is enritled by right to tha protection,
preservarion and enhancement of air, water, land and other natural resources located within
the state and that each person has a responsibility to contribute to protection, preservation
and enhancement thereof.
Commissioner Gordon asked Mr. Williams if he would allow that some level of increased truck
traffic in connection with these proposed buildings would be compatible with the surrounding
neighborhoods and would not substan6a11y or unreasonably adversely affect the surrounding
neighborhoods. Mr. Williams replied that he would allow "some," He would hope that the �
Planning Commission would add some kind of limit so that the neighborhood wouldn't need to
be worried about it. Commissioner Gordon asked Mr. Williams what he would define as
"some"? Mr. Williams responded that he would follow the guide of the City Council and
prorate these facilities accordingly, about 30 more. A building with 15 loading docks, which has
been in place for a long time, is also in play here. That should be taken into consideration. 74
loading docks total wi11 now be the total number.
6. Any Hummel, 779 Clayland Street, addressed the Commission. She stated that the Zoning
Code states, "The Planning Commission shall consider and find that the site plan is consistent
with the city's adopted comprehensive plan and development of project plans for subazeas of the
city." The 1980 city Land Use Plan says, "Mixing incompatible uses will create an unsuccessfiil
development. For e�mple, uses which generate lazge volumes of iraffic, noise or air pollution
cannot be combined with uses requiring quiet " The proposed terminats aze on land abutting a
residential neighborhood immediately across an ordinary neighborhood street, not a highway or
truck route. These two new terminais, plus another e�sting terminal on this site, will provide a
total of 74 truck bays, The terminal buildiags themselves may partiaily reduce noise Ieveis to
homes directly opposite each terminal from noise sources directly behind each terminal. These
barriers, however would not prevent significant detrimental noise affects on adjacent houses up
and down Fairview and Minnehaha to either side of the houses that aze directly opposite. These
adjacent homes would remain in direct line of sight and therefore, in direct noise range, from
noises from trucks directly behind the terminai. Snnilazly, even the homes d'uectly opposite the
terminals would be adversely affected by noise originating anywhere on the site other than
directly behind the terminals, including not just truck engines at low speeds and idling, but stack �
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exhaust noise, engine rewing at start-up, back-up signals and au brakes. Given the lazge
• number of truck bays and the traffic capacity of the site, such noise should be expected to be
substantial, not to menrion considerable truck traffic noise at all hours along Fairview and
Minnehaha. If the Fairview entrance is permitted contrary to Commission and staff
recommendations, the proposal does not indicate that there would be less than round the clock,
7-day per week operation. Instantaneous noise levels from a'u brakes and repeated back-up
beepers will disturb neighborhood peace and quietude and will be severely disruptive to the
neighborhood. The noise evaluation submitted with the southemmost terminals proposal did not
include any actual measurements of individual truck noises, but relied instead on federal EPA
noise data from a division of the EPA that had been disfunct for neazly riventy years. This data
included only just the average noise level of truck engines idling and moving at 5 m.p.h. It did
not differentiate among types of ttucks or the age or mechanical condition of the trucks, nor did
it include noise ranges for start-up or rewing of engines, stack e�aust noise, air brakes or back-
up beeper signals. The City should require an actual test of noises from trucks of different types,
ages and conditions. Such a study should include not only fleet vehicles, but independently
owned and operated vehicles as well since these latter would be expected to vary quite a lot with
respect to noise. Noise will be particulazly troublesome in spring, summer and fall when
windows will be open for ventilation. Night time noise will interfere with sleep causing health
and safety problems for children, students, pazents, workers and other neighborhood residents.
The heavier daytune noise will also interfere with sleep for neighborhood shift workers, children
at nap time and those neighbors who aze ill. These trucking facility proposals in one of Saint
Paul's evermore scazce affordable housing neighborhoods nises critical environmental justice
issues, development issues of key importance to the city, and economic issues for the city's
employers as well as for workers and home owners and the banks that invest in ow mortgages
and home improvement loans. Over 400 neighbors signed a petition requesting an environ-
� mental assessment, including noise, air and visual pollution for the southemmost terminal alone.
As a violatlon of the zoning code and the city plan, approval of these rivo new trucking facilities
on Minnehaha would constitute a taking in temts of the quality of life in the neighborhood and
the inevitable subsequent decline in property values. Ms. Hummel therefore, respectfully
requested that the Planning Commission not approve the two new trucking terminal site
proposals. In behalf of the neighborhood, she also requested that the Planning Commission
order a noise study, including actual noise measutements to be performed by a consultant
acceptable to the neighbors as well as the developer, and directing all the noise sources and noise
related affects the neighbors have addressed
7. Leah Karlssen, 81 S Tatum Street North, addressed the Commission. She specifically
addressed the landscaping part of the plan. She works as a professional landscape horticulturist
and she has run her own business for nine years. The site plan's landscaping includes one row
of deciduous shrubs that grow to about 3 feet tall interspersed with an occasional deciduous
small tree that gows to about 15 feet tall. These buildings are about 27 feet tall. She made
some suggestions that might provide some noise mitigation, some air pollution mitigation as
well as being visually amactive. There's a 10-foot wide buffer between the buildings on the
edge the property. Accept at the corners where iYs desirable to keep vision free of obstruction,
the plants could be taller in conjunction with the buildings. The tallest ones could be 25 feet or
so. She suggested evergreens as part of the plan because they provide foliage all yeaz round.
She suggested also that plants and trees be planted more densely. In combination, all these
things could do more than provide a visual barrier; they could help with other concerns as well.
In addition, she suggested that something be put into the plan to ensure that the landscaping is
• indeed done upon completion of the buildings, and that it is maintained properly.
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V.
8. Bob Volden, 1817 Van Buren, addressed the Commission. He lives right behind the grocer
on the corner of Fairview and Minnehaha. He helps out at the grocery store and spoke from the
viewpoint ofthe store. His concems aze safery issues and tfie quality of life in the neighborhood.
He thinks that these issues aze possibly threatened by the way this property might be developed.
He takes issue with the presentation of the general azea as presented by Mr. O'Neil. He has
lived in this neighborhood for the past six years. In this neighborhood are approximateIy 200
homes, and if they would be out in the azea at the end of the runway of the airport, it would cost
$16,000 for noise abatement, a federally funded prograni, for the cheapest house. It would cost
$60,000 for the most expensive house. The average house wou[d come to about $45,000.
Taking 200 homes mulriplied by $45,000 equals the potential threat to the quality of life down
the road. As Mr. O'Neil toured from University Avenue, up Aldine and passed McQueen
Trucking—that building is right on Thomas. Going westwazd from Aldine to Fairview, the
facilities are all pretty much sheltered. There activities aze back down offthe road and very few
houses face those buildings. McQueen Trucking itself has a lot of doors, but the main operation
is behind the building and under cover. IYs a very low activiry type of business and doesn't
seem to affect the quality of life too much. Banta Trucking comes and goes off Prior Avenue.
Only Bauer Bilt, the battery company, has any trucks going on and off Fairview. From
Minnehaha to Pierce Butler along Prior, iYs alt industriai, but there azen't any residences there.
The residences are all on the back side. You might say that all these listed companies—McQueen
Trucking, Banta Trucking, Bauer Bill—aze grandfathered-in. If JLT comes in and puts up a
whole bunch of docks, the minute they start operating, they aze grandfathered-in, and the
neighborhood has to live with them. Mr. Volden suggested that is way the City Council put
conditions on the Dawes site.
Mr. O'Neil asked that the Planning Commission approve the site plan in accordance with the
code, providing equality and concern for the neighbors by putting into effect the various stafF
recommendations that JLT Group has indicated they wouid agree with. He asked ihat the
Plauning Commission consider whether or not another noise study is needed since one has
already been done. He indicated that JLT Group will comply with any noise requirements of the
City.
MOTION: Commissioner Faricy moved that the public hearing be dosed and the site plan
be moved to Ihe 11'eighborhood Planning Commillee; Commi.ssioner Nordin seconded the
motion which carried unanimously on a voice vot�
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Zoniag Commii#ee�� �
#99-177 Pat Boemer - Special ec
on the west comer of Chestnut &
West 7" Street (Nancy Homans, :
use permiYfor shazed pazking at the Sandco pazking lot
;e for Patrick McGovem's pub and restaurant at 225
MOTION: Commissioner Gervais move��eperoval of the requested special condition use
permit with conditions for shared parking at the Sandco parking [ot on the west corner of
Chesmut and Exchange for P6trick McGovern's pr�b ¢nd restaurant at 225 West T" Sbeet
�
Mr. Gervais explained that Planuing Commission
of them today.
Commissioner Geisser asked if Patrick McGovem really had 32
a substitute resolution in front
spaces. Ms. Homans
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Cn- y/3
PLANNING COMMISSION STAFF REPORT
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1. APPLICANT: JLT Group
2. ClASSIFICATION: Site Plan Review
DATE OF HEARING: 9/10/99
3. LOCATION: 645 Fairview Avenue (southwest camer of Minnehaha and FairviewJ
4. PLANNING DISTRICT: Hamline Midway Coalition (District 11)
5. LEGAL DESCRIPTION: See file
6. PRESENTZONING: I-1
7. STAFF INVESTIGATION AND REPORT:
ZONING CODE REFERENCE: 62.108(c)
DATE: 9/2/99 BY: Tom Beach
8. DATE RECEIVED: 7/29/99 DEADLINE FOR ACTION: 9/27/99
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A. PURPOSE: Site plan review for a new office/warehouse building.
B. PARCEL SIZE: The proposed buiiding and the paved area around it for trucks would be cover 1.8
acres. It would be focated at the northeast corner of a{arger piece of industriat property that runs from
Fairview to Prior on the south side of Minnehaha and covers 14.5 acres
C. EXISTING LAND USE: The site is paved. It is not currently used but was recently used to store
pickup trucks. There are hvo driveways on Fairview but the gates at these driveways are locked.
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. (Zo�ed
R-4, RT-1 and RM-2)
— The area west and south of the site is the rest of the JLT property and 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 Sec4ion H
below.
F. HISTORY: The larger industrial property where this site is located has been had industriai uses for
over 60 years. At one time Control Data was a major tenant. JLT bought the property about 3 years
ago and has been renovating tfie existing buildings.
Earlier this year JLT submitted a site plan for a trucking facility just south of where this building is
proposed. The Pianning Commission and City Council approved the site plan with a number of
conditions, including restrictions on hours of operation and the number of trucks. That decision was
vetoed by the Mayor but upheld by the City Council on a vote of 5-2. JLT has filed a lawsuit against
the City.
A. DISTRICT COUNCIL RECOMMENDATION: The Hamline Midway Coalition requested a public
hearing on this site plan. They have concems about truck traffic, noise and air pollution. They are aiso
concemed that the use of the buiiding has not been determined.
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H. FINDINGS:
1. The proposed building The plan shows an office/warehouse buiiding with 14 truck doors on
the south side of the building. The truck doors woutd face away from the residences to the nor[h �
across Minnehaha so that most of the impact of trucks using the doors would be screened by the
building. However, the doors would be visible to residents across the street on Fairview. The
site ptan shows a 6.5' privacy fence along Fairview south of the building to act as a visuat screen.
The buiiding would cover 29,800 square feet. It would be 360' long on the side facing Minnehaha
and 80' deep (except for a small office projection ort the south side of the building. It would be 27'-
4" taii. The main access shown on the site plan would be from an existing driveway on Fairview
Avenue.
The building would be set back 10 feet from the property line along Minnehaha and Fairview. This
area would be landscaped. The privacy fence along Fairview would be set back 10 feet and this
area woutd be landscaped too.
2. Proposed operation JLT does not have tenants lined up for the building and is building it as a
"spec" buildirtg. This is a common arrartgement for this type of building. However, it has raised
questions among neighbors since they do not know how the building will be used, what the hours
will be, the number and types of trucks etc.
3. 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 cifys adopted comprehensive plan and developmenf or project plans forsub-areas of the
city.
The City's recently adopted Land Use Plan supports "compatible mixed use". It also says the �
City should °consider altematives s�ch as special restrictiorts ort targe trucking frrms.° The
site plan is compatible with the adjacent residen6al neighborhood ff conditions are placed on
the approval that minimize the impact on the nearby residential neighborhood, including truck
traffic, noise, light and the visual impact of this large building.
(b) Applica6le ordinances of the City of Saint Paul.
Office/warehouses are a permitted use in an I-1 zoning district
There is a question about whether the noise from Vucks would exceed the maximum levels
estabiished in the City's noise ordinance. The impact of the Vuck noise on the residences to
the north across Minnehaha would be reduced because the truck doors would be located on
the south side of the building and so the building, which would be almost over 27' high, would
act as a sound barrier. However, noise could be a problem for residences across the
Fairview to the east Therefore, staff recommends that a noise study be done to determine 'rf
additional mitigation is needed to meet ihese noise limits.
There is also a question about whether Fairview Avenue can be used as a truck route. When
the City Council approved the site plan for Dawes Trucking ihey said Dawes could not ase
Fairview but that the City would consider allowing trucks to use Fairview if it was for a use that
generated a low amount of truck Vaffic.
(c) Preservation of unique geologiq geographic or historically significant characteristics of the city
and environmentafly sensitive areas.
The site plan is consistent with this finding. The site is a paved parking lot on industrial •
property.
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The neighborhood has environmental concems about air pollution from existing truck traffic
on the site and the additional traffic that this facility would generate. However, the Minnesota
Pollution Control Agency told staff that a facility this size does not require any review by their
office and shoutd not pose any environmental hazzards for the area.
(d) ProtecSon of adjacent and neighboring properties through reasonable provision for such
mafters as surface wate� drainage, sound and sight 6uffers, preservation of views, light and
air, and those aspects of design which may have substan6al effects on neighboring land uses.
The site pian is consistent with this finding 'rf conditions are piaced on the approvat that
minimizes the impact on the nearby residential neighborhood, inciuding truck traffic, noise,
light and the visuai impact of this large building.
(e) The anangement 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 consistent with this finding if conditions are placed on the approval that
minimizes the impact on the nearby residential neighborhood, including truck traffic, noise,
light and the visual impact of this large building.
(fl Creation ofenergy-conserving design through landscaping and location, orientaYion and
elevation of structures.
The site plan meets current standards for energy conservation and is consistent with this
finding.
(g) Safety and convenience of both vehicular and pedestrian tra�c both within the sife and in
relation to access streets, including traffiC circula6on features, the locations and design of
entrances and exits and parking areas within the site.
(Staff had not heard from Public Works Traffic Engineering on traffic safety at the time this
report was written. Their response wiii be presented at the public hearing.)
(h) The satisfactory availability and capacity of storm and sanitary sewers, including solutions to
any drainage problems in the area of the development.
The site pian is consistent with this finding.
(i) S�cient landscaping, fences, walls and parking necessary to meet the above objectives.
The site plan is consistent with this finding if:
- Additional landscaping is provided on the north and east sides of the site where it would
face the residential neighborhood across Minnehaha and Fairview.
- Sound mitigation measures are instalied if needed to meet the standards of the City's
noise ordinance.
Q) Sfte accessibility in accordance with fhe provisions of the Americans with Disabilities Act
(ADA), including parking spaces, passengerloading zones and accessible routes.
The site ptan is consistent with this finding.
(k) Provision for erosion and sediment control as spec�ed in the "Ramsey Erosion Sediment
and Control Handbook."
The site plan is consistent with this finding.
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I. STAFF RECQMMENDATiON: 8ased on findings 1-3, staff recommends that fhe site plan be
approved subject to the conditions listed below. These conditions are intended to minimize the impact
of the building on the nearby residential neighborhood, including truck traffic, noise, light and the visual
impact of the large buiiding, •
1. 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 buiiding. Truck traffic may not use Minnehaha Avenue or
Fairview Avenue. The iwo existing 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 negatively impact the adjacent residential neighborhood, the City
would consider permitting reopening driveways to Fairview for these uses as long as this
office/warehouse building did not have access to Fairview. Reopening driveways shall be by permit
2. Noise analysis and noise mitigation A noise analysis must be done by an acoustical engineer.
The acoustica! engineer will be one agreed to by both the City and the appticant The anatysis will
determine the levei of noise that could 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 constructed fo ensure fhat the facilify conforms to
City noise regulations. Such sound mitigation measures must be in place prior to operations. If
another building wiil serve as a sound barrier, the walls must be substantially complete prior to
opera5ons.
In addition, any public address systems must be constructed and configured to minimize public
address noise from adjacent residential neighborhoods. 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 residentiai areas.
3. Truck parking Trucks may not stop or park on Fairview, Minnehaha or other nearby residential
streets. Public Works�arf post signs where needed to help enforce this. �
G,i11
4. Lighting Exterior lighting for the facility must be aimed and shielded to minimize glare light and
light spill over on to adjacent residentia! property.
5. Setbacks and landscaping The setbacks on Minnehaha and Fairview must be planted an Z$•
maintained with ptant materiai approved by site ptan staff and which wili grow at leasf 15 t tall when
mature in order to form a continuous row along the entire north and east sides of the building.
Addifionat tandscaping must be planted around the perimeter of the site wherever noise barriers or
visual screens are required. The noise barriers or visual screens must be setback 10' from the
property Iine to provide adequate room for landscaping. The existing chain link fence in these areas
must be removed.
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PLANNING COMMISSION STAFF REPORT
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1. APPLICANT: JLT Group
DATE OF HEARING: 9l10199
2. CLASSIFICATION: Site Plan Review
3. LOCATION: 625 Prior Avenue (south � comer of Prior and Minnehaha)
4. PIANNING DISTRICT: Hamiine Midway Coatition (District'11)
5. LEGAL DESCRIPTION: See file
6. PRESENTZONING: 1-1
7. STAFF INVES7IGATION AND REPORT:
ZONING CODE REFERENCE: 62.108(c)
DATE: 9/2/99 BY: Tom Beach
8. DATE RECEIVED: 7l29/99 DEADLINE FOR ACTION: 9/27/99
A. PURPOSE: Site plan review for a new office/warehouse buiiding.
B. PARCEL SIZE: The proposed building and the paved area around it for trucks would cover 1.8
acres. It would be located at the northwest corner 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 site is paved but is not currently used. Access to the site is from a
driveway on Prior Avenue.
The rest of the property has a variety of offices and industrial uses and parking. The main building on
the site has approximately 15 loading docks on the south (back) side.
D. SURROUNDING LAND USE:
— The area north of the site (across Minnehaha) is residentiai. (Zoned R-4, RT-1 and RM-2)
— The area west of the site (across Prior) is industrial. (Zoned I-1)
— The area east and south of the site is the rest of the JLT property and 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 larger industrial proper(y where this site is located 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 buiidings.
Earlier this year JLT submitted a site plan for a trucking tacility at the east end of the property. The
Planning Commission and City Council approved the site plan with a number of conditions, including
restrictions on hours of operation and the number of trucks. That decision was vetoed by the Mayor
but upheld by the City Council on a vote of 5-2. JLT has filed a lawsuit against the City.
A. DISTRICT COUNCIL RECOMMENDATION: The Hamiine Midway Coalition requested a public
hearing on this site plan. They have concems about truck traffic, noise and air pollution. They are
also concemed that the use of the proposed building has not been determined.
�I
H. FINDtNGS:
'I. The proposed building The plan shows an o�celwarehouse buiiding with 19 truck doors.
These doors would be on the south side of the buiiding, so they wouid be screened from the �
residences to the north across Minnehaha. The doors would be visible from the industrial
property to the west across Prior. The doors would be screened from the east and south by other
existing industriai buildings on the property.
The building would cover 33,946 square ieet. li would be 360' long on fhe side facing Minnehaha
and 80' deep (except for an office area that wouid project from the south face of the buiiding). It
would be 29'-4" tall. The main access would be from an existing driveway on Prior Avenue
aithougb a car or iruck could reach the buiiding using an exisfing driveway on Minnehaha.
The buiiding wouid be set back 10 feet from the property line along Minnehaha. This area would
be landscaped.
2. Proposed operation JLT does not have tenants lined up for the building and is buiiding if as a
"spec" buiiding. This is a common arrangement for this type of building. However, it has raised
questions among neighbors since they do not know how the building wi11 be used, what the hours
will be, the number and types of Vucks etc.
3. 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 Yhe site plan is consistent with" the
following:
(a) The city's adopted comprehensive plan and developmentorprojectplans forsub-areas offhe
city.
The City's recently adopted Land Use Plan supports "crompatibte mixed use". It afso says the �
City shouid "consider altematives such as special restrictions on large trucking firms.' The
site pian is compatibie with the adjacent residential neighborhood if conditions are placed on
the approval Yhat minimize the impact on the nearby residential neighborhood, including truck
traffic, noise, light and the visuat impact of this large buiiding.
(b) Applicable o�dinances of the City of Sainf Paul.
O�ce/warehouses are a permitted use in an I-1 zoning district.
There is a question about whether the noise from trucks would exceed the maximum Ievels
estabiished in the City's noise ordinance. The impact of the truck noise on fhe residentiai
neighborhood wouid be reduced because the truck doors would be located on the south side
of the building and so the buiiding, which would be aimost 30' high, would act as a sound
barrier. However, staff recommends that a noise study be done to determine if arty additional
mitigation is needed to meet these noise Iimits.
(c) Preservationoiuniquegeologic,geographico�histaicallysign�cantcha2cterrsticsoffhecify
and environmentalfy sensifive areas.
The site plan is consistent wifh this finding. The site is a paved parking fot on industrial
property.
The neighborhood has environmentai concems about air pollution from existing truck traffic
on the site and the additional traffic that this facility would generate. However, the Minnesota
Pollution Controi Agency told staff that this a facility this size does not require any review by .
their office and should not pose any environmentai hazzards for the area.
(d) Protection of adjacent and neigh6oring properties through reasonable provision forsuch
ma(ters as surface water d2inage, sound and sighi buffers, preservation of views, light and
� �
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air, and those aspects of design which may have substantial effects on neighboring land uses.
The site plan is consistent with this finding if conditions are placed on the approval that
. minimizes the impact on the nearby residential neighborhood, including truck Vaffic, noise,
tight and the visual impact of this 4arge building.
(e) The arrangement of buiidings, uses and facilities of the proposed deve%pment in order fo
assure abutting propeRy and/or its occupants will not be unreasonabiy aSected.
The site plan is consistent with this finding if truck traffic is restricted to Prior Avenue.
(� Creation of energy-conserving design fhruugh landscaping and locafion, orientation and
elevation of strvctures.
The site plan meets current standards for energy conservation and is consistent with this
finding.
(g) Safety and convenience of both vehicular and pedesfrian tra�c both within the siEe and in
relation fo access sfreefs, including tra�c circulafion features, the locations and design of
entrances and exits and parking areas wifhin the site.
The site pian is consistent with this finding if aii Wck fraffic uses Prior Avenue and a physical
barrier is constructed on the site to ensure that truck traffic does not use Minnehaha Avenue.
(h) The satisfactory availa6ility and capacity of storm and sanitary sewers, induding solutions to
any drainage probiems in fhe a�ea of fhe development.
The site plan is consistent with this finding.
. (i) Su�cient landscaping, fences, wa1/s and parking necessary to meet the above objec6ves.
The site plan is consistent with this finding if:
- Additional fandscaping is provided on the north side of the buiiding where is would face
the residentiai neighborhood across Minnehaha.
- Sound mitigation measures are installed if needed to meet the standards of the City's
noise ordinance.
Q) Site accessibility in acco�dance with the provisions of the Americans wifh Disabilities Act
(ADA), including parking spaces, passenger loading zones and accessib/e routes.
The site plan is consistent with this finding.
(k) Provision for erosion and sediment contro! as spec�ed in the "Ramsey Erosion Sediment
and Control Handbook"
The site plan is consistent with this finding.
I. STAFF RECOMMENDATION: Based on findings 1-3, staff recommends that the site plan be
approved subject to the conditions listed below. These conditions are intended to minimize the impact
of the building on the nearby residential neighborhood, inciuding truck traffic, noise, light and the visuai
impact of the building.
1. Driveways All truck tra�c to this facility must use the driveways on Prior Avenue. Truck traffic
may not use Minnehaha Avenue or Fairview Avenue. A physical barrier must be constructed on
• the site to ensure that truck Vaffic to this building do not use Minnehaha Avenue.
2. Noise analysis and noise mitigation A noise analysis must be done by an acousticai
engineer. The acousticai engineer will be one agreed to by both the City and the applicant. The
�3
analysis will determine the level of noise that could be anticipated from the facility. if the noise
analysis indicates that the facility without noise mitigation measures will exceed Ieveis permitted
under City noise regulations, sound mitigation measures must be construcYed to ensure that the
facility conforms to City noise reguiations. Such sound mitigation measures must be in place prior •
to operations. If anotfier building will serve as a sound barrier, the wal�s must be substantialiy
complete prior to operetions.
In addition, any pubiic address systems must be constructed and configured to minimize public
address noise from adjacent residentiai neighborhoods. My mechanicai ey,:ipment not
specificaliy analyzed must be construMed and configured to comply with the most restrictive
applicable state or municipal noise standard in order to protect adjacent residential areas.
3. Truck parking Trucks may not stop or park on Fairview, Minnehaha or other neart�y residential
streets. Pubiic Works should post signs where needed to help enforce this.
4. Lighting Exterior lighting for the facility must be aimed and shieided to minimize glare light and
light spill over on to adjacenf residentiai property.
5. Setbacks and landscaping The setback on Minnehaha must be pianted and maintained with
plant materiai approved by site plan staff and which will grow at least 15 feet Yall when mature in
order to form a continuous row along the entire north and east sides of the buiiding.
Additional landscaping must be pianted around the perimeter of the site wherever noise barriers
or visuai screens are required. The noise barriers or visuai screens must be setback 10' from the
property line to provide adequate room for landscaping. The existing chain link fence in these
areas must be removed.
•
•
..y
��
.
00-�/3
� HAMLINE MIDWAY COALIT
ION
Hamline Park Building � 1564 Lafond Avenue, Saint Paul DL\ »10�t � 6>1-646-1986 • Fas 6>1-641-6133 � districtl I@gofastnet
August 18,1999
Gladys Morton, Chairperson
St. Paul Planning Commission
15 West Kellogg Boulevard
St. Paul MN 55102
Dear Ms. Morton:
The Hamline Midway Coalition, on behalf of neighbors living near Minnehaha,
Fairview and Prior Avenues, requests that the St. Paul Planning Commission hold a
public hearing on two site plans recently submitted by the JLT Company for
office/warehouse buildings: one located at the corner of Minnehaha and Prior
Avenues (July 28, 1999 submission); and, a second located at Minnehaha and
Fairview Quly 30, 1999 submission).
� Neighbors have voiced numerous concerns about these site plans, which are the
bases of our request for a public hearing. Most concerns pertain to both proposals,
namely: -
1) The hours of operation at these proposed facilities and truck access to the lots
after business hours are not known.
2) The anticipated levels of truck traffic, truck idling and resulting noise and
pollution are not known.
3) The use of the proposed warehouses is not known., While storage for most
materials would not raise concerns among neighbors, the possibility of certain
materials such as hazardous, chemical or medical waste, fresh foods (produce,
_^.�eats, fish) znd other items d� presen: concerns.
4) The architectural structure of the proposed sites, especially the very tall, long,
windowless facades along Minnehaha Avenue, would be incompatible with the
residential neighborhood across the street and beyond.
5) The site plans raise additional concerns about traffic safety, specifically:
a) The proposed office/warehouse proposed at Minnehaha and Prior Avenues
is not set back from Prior Avenue and may well create a blind corner for
vehicles traveling west on Minnehaha (as is presently the case on the north
side of that intersection); and,
b) The proposed office/warehouse at Minnehaha and Fairview provides for
trucks to enter and leave the site on Fairview Avenue, directly across the
• street from homes. That arrangement would present a safety hazard,
one of two
Dediarterl to m�rking lhe Hc�mlif�e Alidz��c�g� neid{�borboocl r� better plaee !o lire rrnd uork.
�rv.�dedp:µr- IV�orynw�min�mrxu�e
�
Ms. Gladys Morton
August 18, 1998
Page 2
re: Request for Public Hearing
JLT Company Site Plans
especially for children, and compound the present traffic difficulties in that
area, such as blocked traffic from large trucks moving on and off these heavily
traveled streets and common icy conditions in the winter time (from constant
trafiic fiow fhat pacics "tne snow uefore ic can be ,r remasedj.
We believe that our community members' outstanding questions and concerns
warrant fuller public discussion before by the Planning Comnussion and action by
that body to address them. We look forward to hearing from you concerning this
request. Please contact me or Cathy Lue, HMC community organizer, at (651) 646-
1986.
Sincerely,
7Li � �� f�� `�
Jo i M. Bantley
Executive Director
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JAY BENANAV
Councilmember
February 23, 2000
TO:
PR:
i'i�
CITY OF SAIi� T PAUL
OFFICE OF THE CITY COUNCIL
31Q CIIY HALL
IS WEST KELLOGG BOliLEVARD
SAII�'T PAL'L, MN 55102-1615
PHONE: (651) 266-8640 FAX: (6�1) 266-8574
Council President Bostrom
Councilmembers
Jay Benanav, Councilmember, Ward 4
JLT/HMC Compromise
Attached please find the resolution I will present today, detailing the compromise
reached by the JLT Group and the Hamline Midway Coalition, Council File Nos. 99-299
and 99-300.
Piease contact my office if you have any questions. Thank you for your
consideration.
Attachment
5�66
Pnnted on Recycled Paper
�-yt 3
City Council Resolution
Definitions:
a. Tractor-trailer door. A door that is approxnnately 48" from the grade level.
This type of door can accommodate some 24' and 30' straight trucks as well
as 18-wheel "over the road" tractor-trailer trucks.
b. Drive-in door. A door that is on grade level to accommodate vehicles
entering the building. It would not be used to accommodate tractor-trailer
vehicles.
c. Other dock doors. A door that is less than 48" from grade level (typically
30"). This type of door accommodates delivery vehicles that aze smaller
than tractor-trailer vehicles. These types of vehicles are typically local
delivery vehicles or "UPS" type trucks.
2. Revision to site plan. The building on the southwest corner of Minnehaha and
Fairvew will have a maximum of seven tractor trailer doors and six drive-in/other
doors. The building on the southeast corner of Minnehaha and Prior will have a
maximum of seven tractor-trailer doors and 12 drive-in/other doors. The building
on Fairview (formerly known as "Dawes Building") will have a ma�mum of 12
tractor-trailer doors and 12 drive-in/other doors. Only drive-in doors will be
permitted on the north side of the Fairview building (formerly known as "Dawes
Building").
3. Use of property. JLT Group agrees to use reasonable efforts to lease the
buildings to low intensity users, such as office/wazehouse. JLT will not lease the
buildings to tenants whose primary activity involves the creation or storage of
to�cic or hazardous chemicals. Any occupants of the buildings must comply with
current laws and regulations regarding the storage of hazardous materials. No more
than 8,000 square feet of the site (all three buildings) may be served by hucks
using refrigeration units.
4. Driveways. Ail tractor-trailer truck and city truck traffic to buildings on Fairview
must use the driveways on Prior Avenue. AII tractor-trailer truck and city truck
traffic to the building on Minnehaha and Prior shall use the north driveway on
Prior south of Minnehaha Avenue.
The entrances on Fairvew and Minnehaha are intended for use by private
passenger vehicles and commercial vehicles the size of a UPS delivery van or
smaller. Therefore these entrances will be limited to vehicles no taller than 12' and
cb-y�3
no longer than 26'. To ensure compliance with this requirement, these entrances
must have a permanent overhead baz no higher ihan 12' above grade and shall be
constructed with a median and to a width that will ensure that trucks no longer
than 26' can enter.
JLT and the Hamline-Midway Coalition shall join together with their best efforts
to have the city restrict tractor-trailer truck and city truck traffic on Fairview and
Minnehaha avenues.
5. Hours. At the two buildings on Fairview, no trucks may enter the premises or be
allowed to idle on the premises before 6 a.m. or after 9 p.m. on weekdays and
before 8 a.m. and after 6 p.m. on Saturdays. JLT also shall not lease these two
buildings to tenants who regulazly require truck deliveries on Sundays.
6. Idling. At the two buildings on Fairview, and at the building on Minnehaha and
Prior, truck engines must be turned off whenever trucks aze parked at the door or
on site waiting for more than 30 minutes to load or unload at the dock. A sign must
be posted with this requirement, stating that trucks may not idle more than 30
minutes.
7. Truck Parking. Trucks may not stop or park on Fairview, Minnehaha or other
nearby residential streets. The Saint Paul Department of Public Works will post
signs where needed to help enforce this.
8. Noise analysis and noise mitigation. JLT will not allow any public address
systems on the site.
JLT will conshuct a 12-foot wood barrier on Fairview Avenue between the
buildings facing Fairview Avenue and south of the Dawes building on Fairview,
except across entrances to the site.
JLT shali also install a 6-8 foot wood barrier along Minnehaha between buiidings
and entrances. Because of the e�sting building, the Arthritis Foundation, and the
landscaping around it, the fence will run from the western edge of the building at
the Minnehaha and Fairview and run ta the driveway following the current fence
line. It shall begin again at the western edge of the Arthritis Foundation building
and run to the eastern edge of the Prior and Minnehaha building.
9. Lighting. Exterior lighting for the facilities must be aimed and shielded to
minimize glaze light and light spill over on to adjacent residenual property.
rn--y�3
• 10. Setbacks and landscaping. Building and noise barrier setbacks of at least 10 feet
� as-aze required along Minnehaha and Fairview, except for the 6-8' wood barrier
provided for in Pazagraph 8. These setbacks must be planted and maintained with
plant material approved by site plan staff and which will grow at least 15 to 25 feet
tall when mature in order to form a continuous row along the entire sides of the
buildings and visual barriers facing Minnehaha and Fairview. The existing chain
link fence in these azeas must be removed. The height of the wood barrier fence on
Minnehaha shall be measured from the adjacent street grade level.
11. Safety. JLT and the Hamline Midway Coalition shall join together with their best
efforts to work with the City of Saint Paul to install a three-way stop on the
intersection of Prior and Minnehaha, or an altemative solution that might be
proposed by the City of Saint Paul Public Works Department to control the blind
corner. Public Works requires a resolution to this effect to be passed by the boazd
of directors of the Hamline Midway Coalition.
12. Additional Review. At the request of the Hamline Midway Coalition, which may
occur not more than once in any calendaz year, the Saint Paul Office of Licensing
Inspections and Environmental Protection shall undertake a review of the site to
ensure compliance with these restrictions.
13. Dismissal of litigation. The resolution is being enacted with the consent of JLT
Group and in consideration for this enactment, JLT shall dismiss the matter of
Hiawatha Acquisitions, LLC d/b/a JLT Group, Inc. v. City of St. Paul, venued in
Ramsey County District Court with prejudice. It further agrees that , should this
City Council Resolution be adopted into law, the restrictions enumerated herein
shall apply to the Fairview Building (formerly known as Dawes).
2/23/00
�,
.�
7 �. zm�
� -
JAY BENANAV
Councilmember
February 23, 2000
TO:
FR:
�
CITY OF SAINT PAUI.
OFFICE OF THE CITY COUNCIL
310 CITY HALL
15 WEST KELLOGG BOliLEVARD
SAINl" PAUL, MN 5�102-I615
PHONE: (651) 266-8640 FAX: (651) 266-8574
Council President Bosirom
Councilmembers
Jay Benanav, Councilmember, Ward 4
JLT/HMC Compromise
Gb-�!/3
Attached please find the resolution I will present today, detailing the compromise
reached by the JLT Group and the Hamline Midway Coalition, Council File Nos. 99-299
and 99-300.
Please contact my office if you have any questions. Thank you for your
consideration.
Attachment
5�66
Pnmed on RecyNed Papa
o0-�!!3
City Council Resolution
Definitions:
a. Tractor-trailer door. A door that is approxixnately 48" from the grade level.
This type of door can accommodate some 24' and 30' straight hucks as well
as 18-wheel "over the road" tractor-trailer trucks.
b. Drive-in door. A door that is on grade level to accommodate vehicles
entering the building. It would not be used to accommodate tractor-trailer
vehicles.
c. Other dock doors. A door that is less than 48" from grade level (typically
30"). This type of door accommodates delivery vehicles that aze smaller
than tractor-trailer vehicles. These types of vehicles are typically local
delivery vehicles or "UPS° type trucks.
2. Revision to site plan. The building on the southwest corner of Minnehaha and
Fairvew will have a maYimum of seven tractor trailer doors and six drive-iniother
doors. The building on the southeast comer of Minnehaha and Prior will have a
masimum of seven tractor-trailer doors and 12 drive-in/other doors. The building
on Fairview (formerly known as "Dawes Building") will have a maYimum of 12
tractor-trailer doors and 12 drive-in/other doors. Only drive-in doors will be
permitted on the north side of the Fairview building (formerly lrnown as "Dawes
Building"}.
Use of property. JLT Group agrees to use reasonable efforts to lease the
buildings to low intensity users, such as office/warehouse. JLT will not lease the
buildings to tenants whose primary activity involves the creation or storage of
to�c or hazardous chemicals. Any occupants of the buildings must comply with
curtent laws and regulations regarding the storage of hazardous materials. No more
than 8,000 square feet of the site (all three buildings) may be served by trucks
using refrigeration units.
4. Driveways. All tractor-trailer truck and city truck traffic to buildings on Fairview
must use the driveways on Prior Avenue. All tractor-trailer truck and city truck
traffic to the building on Minnehaha and Prior shall use the north driveway on
Prior south of Minnehaha Avenue.
The entrances on Fairvew and Minnehaha aze intended for use by private
passenger vehicles and commercial vehicles the size of a UPS delivery van or
smaller. Therefore these entrances will be limited to vehicles no taller than 12' and
c.�oo-��3
no longer than 26'. To ensure compliance with this requirement, these entrances
must have a permanent overhead baz no higher than 12' above grade and shall be
constructed with a median and to a width that will ensure that trucks no longer
than 26' can enter.
JLT and the Hamline-Midway Coalition shall join together with their best efforts
to have the city restrict tractor-trailer truck and city truck traffic on Fairview and
Minnehaha avenues.
5. Hours. At the two buildings on Fairview, no trucks may enter the premises or be
allowed to idle on the premises before 6 a.m. or after 9 p.m. on weekdays and
before 8 a.m. and after 6 p.m. on Saturdays. JLT also shall not lease these two
buildings to tenants who regularly require truck deliveries on Sundays.
6. Idling. At the two buildings on Fairview, and at the building on Minnehaha and
Prior, truck engines must be turned ofFwhenever trucks aze pazked at the door or
on site waiting for more than 30 minutes to load or unload at the dock. A sign must
be posted with this requirement, stating that trucks may not idle more than 30
minutes.
?. Truck Parking. Trucks may not stop or park on Fairview, Minnehaha or other
nearby residential streets. The Saint Paul Department of Public Works will post
signs where needed to help enforce this.
8. Noise analysis and noise mitigation. JLT will not allow any public address
systems on the site.
JLT will construct a 12-foot wood barrier on Fairview Avenue between the
buildings facing Fairview Avenue and south of the Dawes building on Fairview,
except across entrances to the site.
JLT shall also install a 6-8 foot wood barrier along Minnehaha between buildings
and entrances. Because of the existing buiiding, the Artluitis Foundation, and the
landscaping around it, the fence will run from the western edge of the building at
the Minnehaha and Fairview and run to the driveway following the current fence
line. It shall begin again at the western edge of the A.rthritis Foundation building
and run to the eastern edge of the Prior and Minnehaha building.
9. Lighting. Exterior lighting for the facilities must be aimed and shielded to
minimize glare light and light spiil over on to adjacent residential properry.
oo-y�3
10. Setbacks and landscaping. Building and noise barrier setbacks of at least 10 feet
agare required along Minnehaha and Fairview, except for the 6-8' wood barrier
provided for in Paragraph 8. These setbacks must be planted and maintained with
plant material approved by site plan staff and which will grow at least 15 to 25 feet
tall when mature in order to form a continuous row along the entire sides of the
buildings and visual barriers facing Minnehaha and Fairview. The e�sting chain
link fence in these areas must be removed. The height of the wood barrier fence on
Minnehaha shall be measured from the adjacent street grade level.
11. Safety. JLT and the Hamline Midway Coalition shall join together with their best
efforts to work with the City of Saint Paul to install a three-way stop on the
intersection of Prior and Minnehaha, or an alternative solution that might be
proposed by the City of Saint Paul Public Works Department to control the blind
corner. Public Works requires a resolution to this effect to be passed by the board
of directors of the Hamline Midway Coalition.
12. Additional Review. At the request of the Hamline Midway Coalition, which may
occur not more than once in any calendar year, the Saint Paul Office of Licensing
Inspections and Environmental Protection shall undertake a review of the site to
ensure compliance with these restrictions.
13. I7ismissal of litigation. The resolution is being enacted with the consent of JLT
Group and in consideration for this enactment, JLT shall dismiss the matter of
Hiawatha Acquisitions, LLC d/b/a JLT Group, Inc. v. City of St. Paul, venued in
Ramsey County District Court with prejudice. It further agrees that , should this
City Council Resolution be adopted into law, the restrictions enumerated herein
shall apply to the Fairview Building (formerly known as Dawes).
2/23/00
ao-y �3
f����l�� --
�
JLT is the applicant for site plan approval. Should go first, after staff report.
� �----�
3LT Side: appeals because it doesn't like 5 of the 8 conditions: (15 minutes) � Jr/a 1�
JLT Group - appeals five Plauving Commission (PC) conditions ���
1) drlveways - access limited to Prioz Ave I/� /Ov
2) hours - 10 pm to 7 am no deliveries
3) truck idling limitation �Z/g �00
4) noise study and mitigation y,/(� /00
5) further review by PC after one year for study of possible additional conditions
Hamline Midway (HMC) Side: appeals because it wants 4 more conditions: (15 minutes)
HMC - want 4 additional conditions
1) limit on truck doors
2) setback from Prior Ave
3) annual reviews by PC
4) prohibition of storage of chemicals, to�ns and refrigerated food
POSSIBLEALTERNATIVE MOTIONS (THERE MAYBE OTHERSZ
�
Motion to grant appeal of the HMC (and deny the appeal of JLT�, and to condition approval
of the present site plan application on the addition of one or more new conditions. The Council
finds that there was an error in one or more findings by the Planning Commission, in that .....*.....
(spell out what was wrong with the PC finding) ...
*PC did not give enough weight to the significant adverse impact of the proposed facility
on the neighborhood -
— the facility will substantially increase air pollution in the area and adversely
affect nearby residential properties;
— trucks wiil be entering the facility at all hours of day and night even when it is
not open, and the noise will be substantial;
— noise even during operating hours will be substantial and adversely affect
the surrounding residential uses;
— truck tr�c will use Fairview and enforcement efforts and conditions will not
be effective to stop that from happening;
— (others, if appropriate)
�J
of
�
>�i�l�y —
> �f�/bo -
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� Motion to�the appeal of JLT�and deny the appeal of HMC� to approve the site plan
with tl�rrfe�l� ch�es to the findings, conclusions and recommendations of the Plaxuung
\ Commission, oarticularly chan�es in one or more of the eight (8) eapress conditionsa�faHe�
1 ... (spell out the changes or additions to the conditions) ... �- �
- �a, d�.
the s�ilan and to adopt the
ORIGtNAI.
RESOLUTION
CITY OF SAINT PAUL, VIINNESOTA
Presented By
Referred To
lb
Committee: Date
2 WHEREAS, on July 29, 1999, Kurt Williamson on behalf of the properry owner
3 Hiawatha Acquisirions, LLC. and on bel�alf of JLT Group Inc. [hereinafter JLT] did, in Zoning
4 Files 99-212 and 99-216, make applications for site plan review pursuant to the provisions of
5 Saint Paul Legislative Code § 62.108 for the purpose of establishing two office/wazehouse
6 buildings in the vicinity of Fairview and Minnehaha (Zoning File 99-212) and Prior and
7 Minnehaha (Zoning File 99-216) the said sites legally described as noted in the above referenced
8 zoning files; and
9
10 WHEREAS, in a letter dated August 18, 1999, the Hamline-Midway Coalition
11 [hereinafter F3MC], on behalf of neighbors living in the vicinity of JLT's proposed building sites,
12 requested the Saint Paul Planning Commission [hereinafter Plamxing Coxnmission] to conduct a
13 public hearing on the site plan proposals submitted by JLT; and
14
15 WHEREAS, on September 10, 1999 the Planning Commission conducted a public
16 hearing on the said site plan applications and, at the close of the public hearing, referred the
17 matter to the Planning Commission's neighborhood planning committee for a report and
18 recommendation; and
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WHEREAS, on September 21, 1999, the neighborhood planning committee met to
discuss the site plan applications in light of the staff report and the testimony from the September
9, 1999 public hearing and moved to recommend approval of the two site plans subject to several
conditions; and
WHEREAS, on October 8, 1999, the Plamiing Commission received the neighborhood
planning committee's recommendation to approve the site plan applications and, after d'ascussion,
modified the committee's recommendations and moved to approve the site plan applications with
conditions, based upon the findings contained in Plaiviing Commission resolution 99-72,
adopted October 22, 1999, which shall be incorporated herein by reference; and
WIIEREAS, pursuant to the provisions of Saint Paul Legislative Code § 64.206, HMC,
on behalf of the neighbors living in the vicinity of JLT's proposed building sites, duly filed on
October 22, 1999 an appeal from the Planning Commissions October 22, 1999 decision to
approve the site plan applications and requested a hearing before the Saint Paul City Council
[hereinafter City Council] for the purpose of considering the actions taken by the said
commission; and
Council File # 00 + y13
GreenSheet# {o�qr'l�{
00 -���
2 WHEREAS, pursuant to the provisions of Saint Paul Legislative Code § 64.206, JLT,
3 duly filed on November 4, 1999 an appeal from the Plauniug Commissions October 22, 1999
4 decision to approve the site plans subject to conditions and requested a hearing before the City
5 Council for the purpose of considering the actions taken by the said commission; and
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WHEREAS, acting pursuant to Saint Paul Legislative Code § 64.206 through § 64.208
and upon notice to affected parties, the sepazate appeals of HMC and JLT were combined for a
public hearing before the City Council on December l, 1999; and
WHEREAS, the December 1, 1999 public hearing was laid over to December 8, 1999
and the December 8, 1999 public hearing was laid over to January 12, 2000 with the consent of
the appealing parties for the purposes of allowing the appealing parties the opportunity to meet
and discuss the mattez and to recommend new conditions or suggest modifications to the
conditions contained in Saint Paul Planning Commission Resolution 99-72; and
17 WHEREAS, on January 12, 2000 a public hearing was duly conducted where the parties
18 were given an opportunity to be heard and the matter was laid over again to January 19, 26,
19 February 2, 9, and 16, 2000 while the parties continued to meet; and
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WHEREAS, on February 23, 2000 the City Council, having received information that
the parties had reached a mutual agreement as to their respective appeal points and upon the
transmission of the terms of such agreement to the City Council, the City Council, acting
pursuant to the authority granted under Saint Paul Legislative Code § 64.20'7; DID
RESOLVE, to deny in all things the appeals of HMC and JLT and to affirm in all things
the site plan approvals contained in Planning Comxnission resolufion 99-72 and to adopt the said
resolution as its own herein by reference thereto except to the extent modified as noted below,
such modifications based upon the mutual agreements recommended by HMC and JLT; AND,
BE IT FURTHER 12ESOLVED, upon the mutual agreements as recommended by HMS and
JLT, that Planning Commission resolution 99-72 shall have the conditions of approval set forth
therein modified to read as follows:
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Page 2 of 6
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a. Tractor-trailer door. A door that is approximately 48" from the erade level. This
type of door can accommodate some 24' and 30' straig.ht tnxcks as well as 18-
wheel "over the road" tractor-trailer trucks.
6 b. Drive-in door. A door that is on erade level to accommodate vehicles enterine the
7 building. It would not be used to accommodate tractor-trailer vehicles.
9 c. Other dock doors. A door that is less than 48" from ¢rade level ( ically 30"l.
10 This type of door accoxnmodates delivery vehicles that aze smaller than tractor-
I 1 trailer vehicles. These types of vehicles aze typically local defiverv vehicles or
12 "UP5" type trucks.
13
14 2. $surs Revision to site ulan•
15 . The
16 buildin¢ on the southwest corner of Minnehaha and Fairview will haue a maximum of
17 seven tractor trailer doors and six drive-in/other doors. The building on the southeast
18 corner of Minnehaha and Prior will have a maximum of seven tractor-trailer doors and 12
19 drive-in/other doors. The buildin�on Fairview (formerl�known as "Dawes Buildine"1
20 will have a masimuxn of 12 tractortrailer doors and 12 drive-in/other doors. Orily drive-
21 in doors will be permitted on the north side of the Fairview buildin�(formerlv known as
22 "Dawes Buildine"l.
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3. �xel�id�ing Use of �ro�.
dael� JLT Group asrees to use reasonable efforts to lease the buildings to low intensitv
users, such as office/wazehouse. JLT will not lease the buildings to tenants whose
vrimarv activitv involves the creation or storage of toxic or hazardous chemicals. Anv
occuoants of the buildings must complv with current laws and re2ulations regarding the
stora�e of hazardous materials. No mare than 8.000 squaze feet of the site (all three
buildin¢s) mav be served bv trucks usine refri¢eration units.
4. �rlrn►g Drivewavs. ,
�~� �-aas All tractar-trailer truck and city truck trafFic to buildin¢s on Fairview must
use the drivewavs on Prior Avenue. All tractor-trailer truck and city truck traffic to the
building on Minnehaha and Prior shall use the north drivewav on Prior south of
Minnehaha Avenue.
The entrances on Fairview and Minnehaha aze intended for use b�private roassenaer
vehicles and commercial vehicles the size of a UPS deliverv van or smaller. Therefore
these entrances will be limited to vehicles no taller than 12' and no longer than 26'. To
ensure compliance with this requirement, these entrances must have a permanent
overhead baz no hieher than 12' above erade and shall be conshucted with a median and
to a width that will ensure that trucks no lon�er than 26' can enter.
JLT and the Hamline-Midway Coalirion shall Zoin totether with their best efforts to have
the citv restrict tractor-trailex truck and citv truck traffic on Fairview and Minnehaha
avenues.
Page 3 of 6
ao -�. ��
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13 .
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16 . At the two buildings on Fairview, no trucks may enter the
17 Uremises or be allowed to idle on the�remises before 6 a m or after 9 p m. on weekda�
18 and before 8 a.m. and after 6 p.m. on Saturdays. JLT also sha11 not lease these two
19 buildines to tenants who re�ularly require huck deliveries on Sunda *�s.
20
21 6. �igh4ing- Idlina•
22 . Atthetwo
23 buildin¢s on Fairview, and at the buildin�on Minnehaha and Prior, truck engines must be
24 turned off whenever trucks are�azked at the door or on site wairine for more than 30
25 minutes to load or unload at the dock. A si�n must be posted with this requirement,
26 statine that hucks may not idle more than 30 minutes.
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: . . : : : ... : • . : :
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. Trucks mav not stop or park on
Fairview Minnehaha or other neazbv residential streets. The Saint Paul Department of
Public Works will �ost siens where needed to help enfarce this.
i ' � � i � : - 1 . 1 . I 1 1 I I I 1 I - : � • i � - � � � •
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Page 4 of 6
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E�i• r:1y i a o i�+ �� w� �wY t�l➢•w
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:, . . •• .. = .�,,. . . . : : . .., . ..
.. : �. = -. :,���...: : �.,... . � .� : .. : . ...:
JLT will not allow any_public address systems on the site.
JLT will construct a 12-foot wood barrier on Fairview Avenue between the buildin¢s
facin�Fairview Avenue and south of the Dawes buildine on Fauview exce�t across
entrances to the site.
JLT shall also install a 6-8 foot wood barrier alone Minnehaha between buildines and
entrances. Because of the existine buildine, the Arthritis Foundation, and the landscap�
azound it, the fence will run from the western edge of the building at the Minnehaha and
Fairview and run to the driveway followin¢ the current fence line. It shall begin again at
the western edge of the Arthritis Foundation buildine and run to the eastern ed�e of the
Prior and Minnehaha buildina.
LiEhfing. Exterior li�htin� for the facilities must be aimed and shielded to minimize
elaze li�ht and li h�t s�ill over on to adjacent residential propertv
10. Setbacks and landsca�ing. Buildine and noise barrier setbacks of at least 10 feet a�are
reauired alon�Minnehaha and Fairview, excerot for the 6-8' wood barrier provided far in
Pazaeraroh 8. These setbacks must be planted and maintained with plant material
ap�roved by site plan stafF and which will grow at least 15 to 25 feet tall when mature in
order to form a continuous row alon¢ the entire sides of the buildings and visual barriers
faci� Minnehaha and Fairview. The existine chain link fence in these areas must be
removed. The height of the wood barrier fence on Minnehaha sha11 be measured from the
adjacent street srade level.
11. Safet� JLT and the Hamline Midway Coalition shall join toeether with their best efForts
to work with the Citv of Saint Paul to install a three-wa�ro on the intersection of Prior
and Minnehaha, or an alternative solution that mieht be uronosed bxthe Citv of Saint
Paul Public Works Department to control the blind corner. Public Works requires a
resolurion to this effect to be passed by the boazd of directors of the Hamline MidwaY
Coalition.
12. Additional Review. At the request of the Hamline Midway Coalition, which mau occur
not more than once in anv calendar year, the Saint Paul Office of Licensing Inspections
and Environmental Protection shail undertake a review of the site to ensure compliance
with these restrictions.
13. Dismissal of lirigation. The resolution is beine enacted with the consent of JI,T Groun
and in consideration for this enaciment. JLT shall dismiss the matter of Hiawatha
Acquisitions, LLC d/b/a JLT Group, Inc. v. Citv of St. Paul, venued in Ramsev Countv
District Court with preiudice. It fiirther agrees that , should this CiTy Council Resoluflon
be ado�ted into law, the restrictions enumerated herein shall ap�ly to the Fairview
Building�formerlv lrnown as Dawesl.
Page 5 of 6
0 0 -�.�
AND, BE IT FiTRTHER RESOLVED, that all the other findings and conclusions set
forth in Plaiuung Commission resolution 99-72 remain in effect;
AND, BE IT FINALLY RESOLVED, that the city clerk shall mail copies of this
resolution to JLT and IIMC and deliver a copy to the Planning Comarission.
ORIGINAL
Requested by Department of:
By:
Form App by City Attomey
BY: l��G✓!/`��✓YV�"1 i �! f ��d
Approved by Mayor for Submission to Council
r ` �
/ / /
- • � •- 1 1 l� i I� ���
- _� �/�� iif L/. �
���� � /
Adopted by Council: Date �,������_000
Adoption Certified by Council S tary
oa -�,��
City Attorney
Peter Wazner 266-8710
�����
Apri121, 2000
GREEN SHEET
NO � Cv�i7�
TOTAL f OF SIGNATURE PAGES
oa..ne.r owa�o¢
arrcdrez
❑ arcwnoear ❑ ancuu
❑ wuwAtaFlN�C�rsat ❑ wuMrLla
❑YWRI�Il9ifM11) ❑
(CLJP ALL LOCATIONS FOR SIGNATUR�
Resolution memorializing the decision of the City Council on Febniary 23, 2000, denying the appeals of the
Hamline Midway Coalition and JLT Group and approving the site pian with changes to the findings,
conclusions and recommendations of the Plaiuring Commission.
Of
PLANNING COMMISSION
CIB COMMITfEE
CML SERVICE CAMMISSION
OF TRANSACTION
iSOW1L SERVICE CONTRACfS MUSf ANSWER THE FOLLOWING Q
NSS fhl5 PCROIdfifm C+Ef MOf�BC UM2f 8 CIXIfWC� (IX fh16 (1�12f1/IIEId'7
YES NO
Has this PeraoNfirm ever heen a cky emqoycel
YES NO
Daes fhis persaJfirm P� a sld9 not �wmWIYO�� M' �Y wrteM cdY emGbYce?
YES NO
k tltia P��Trm a tarpMed eendoYl .
YES NO
COST/REVRIUH BUDGETm (CIRCLE ON�
VES NO
SOURCE ACTNITYNUMBER
CIT'Y OF SAINT PAUL
Norm Coleman, Mayor
April 19, 2000
Nancy Anderson
Council Secretary
310 City Hall
15 West Kellogg Blvd.
St. Paul, MN 55102
Re: Appeal by HMG7LT
Zoning Resolution 99-72
City Council Motion to Deny: February 23, 2000
Dear Nancy:
OFFICE OF THE CITY ATTORNEY ��� y � 3
Clayton M. Robinson, Jr., CiryAnomey
Civil Division
400 City Hall Telephone: 651266-87I0
IiWestKelloggBlvd. Facsimile:651298-5679
Saint Paul, Minnesota 55102
Attached please find a signed Resolution memorializing the City Council's Motion to deny the
appeals by HMGJLT of a planning commission decision to approve subject to conditions the site
plan application of JLT for properry located in the vicinity of Fairview and Minnehaha and Prior
and Minnehaha. Please place this matter on the Council Consent Agenda for Apri127, 2000 or
the nea�t auailable date.
If you haue any questions, please don't hesitate to contact me.
Very truly yours,
�-�� v ��—_
Peter W. Warner
PWW/rmb
Enclosure
L:bie. �! 2�.'. 4s'� �
.�. � ' �� Ls��
OFFICE OF LICENSE, INSPECTiONS AND �
ENVII20NMENTAL PROTECTiON
Ro6e�t Kessler, Director
CTTY OF SAINT PAUL
Norm Coleman, M¢yor
November 5, 1999
Ms. Nancy Anderson
Ciry Council Reseazch Office
Room 310 City Hall
Saint Paul, MN 55102
B UIIDING 7NSPECITON AND
DE9GN
350 St Peter Street
Sidte 370
SainzPmd,Minnesara 55102-ISIO
�
�
�n
Dear Ms. Anderson:
I would like to confirm that a public hearing bef
December i, 1999 for the following zoning case
Appellants: Hamline Midway Coalit
File Numbers: 99-299 and 99-300
cb-yl3
3a
Telephane: 672-2Kr9007
Fatsinule: 612-266-9099
i � �
� �J
Purpose: To consider appeals by the Hamline Midway Coalition and 7LT Group of a
decision by the Plamung Commission to approve with conditions a site plan
submitted by JLT Group for two o�ce/wazehouse buildings.
Location: 1900 Minnehaha Avenue West (between Fairview and Prior)
I have confirnied this date with the office of Councilmember Benanav. My understanding is that this
public hearing request will appear on the agenda of the City Council at your earliest convenience and
that you wIll publish notice of the heazing in the Saint Paul Legal Ledger.
Please cail me at 651-266-9086 if you have any questions.
�'� �
s
Tom Beach
Zoning Section
� _ •�isrx,m,� —
� NOTICE ORPQBLIC HEARING
The Saint Paul City Council will
conduct a public hearing on Wednesday,
December 1, 1999, at5:30 p.m. in theCity
Council Chambers.111ird Floor, City Hall-
Coucthouse,toconsidertheappealsofthe
Hamline Midway� Coal3tion �and JLT
Group to a- decision� of the Planning
Commission to approve a site plan with
condltions for two office/warehouse
buildings at 1900 Minnehaha Avenue�
West. - -
Dated: November 8, 1999 � �
NANCY ANDER40N
eisstsLant City co,uicit secretary � _
� - (tqov.l0) , - , -
� 3'G.PADLIBGALLEDGER- ,
00 -�/3
OFFICE OF LICENSE, INSPF.CTIONS AND
ENVIILONMENTAL PROTECTION
Roben Kers(er, Direaor
CTTY OF SAINT PAUL
Norm Coleman, Mayor
November 18, 1999
Ms. Nancy Anderson
Secretary to the City Council
Room 310 City Hall
Saint Paul, Minnesota 55102
IAWRX PROFESIIONAL
BUIfDING
Suite 300
350 St. Peter Saeet
SaintPaul, Minnesota SSIO2-Z510
Telepleone: 612-2669090
Facsimile: 612-266-9099
612-266-9124
RE: Appeal of the Planning Commission's decision to appmve with conditions a site plan for
two o�ce/warehouse buildings proposed for the south side of Minnehaha between Fairview
and Prior
Public heazing at City Council scheduled for Wednesday, December 1, 1949
Zoning File 99-299
�
Dear Ms. Anderson:
THE PLANNING
APPROVED THE STTE PLAN WITH
On October 22 the Planning Commission approved the a site plan from the JLT Group for two
office/wazehouse buildings located south of Minnehaha between Fairview and Prior. The approval is
subject to 8 conditions intended to minimize the impact of truck noise and tr�c on the residential
neighborhood located across the street. These conditions:
— Prohibit trucks from entering the site from Fairview Avenue and require them to use Prior Avenue
— L'unit hours of operation
— Limit truck idling
— Prohibit truck pazking on neazby streets
— Require that the applicant pay for a noise study to determine if noise barriers are needed.
— Allow JLT to submit a revised site plan once tenants have been determined so that the Planning
Commission can consider modifying these conditions.
— Require a follow-up review by the Planning Commission not more than one yeaz afrer the buildings
have been issued a Certificate of Occupancy so that the Planning Commission can consider
modifying these conditions.
The Neighborhood and Current Planning Commission and LIEP staff recommended approval with
conditions.
At the public heating held on September 10, 8 people spoke in opposition and 4letters in opposition
were received.
•
APPEALS HAVE BEEN FII.ED BY THE APPLICANT AND'THE DISTRICT COUNCIL �
The applicant, 7LT Group, has appealed the conditions of the Planning Commission's approval. They
aze contesting conditions that would:
— Require trucks to use Prior Avenue
— Limit hours
— Limit truck idling
— Require noise analysis and mitigation
— Require one additional review after the buildings open
The Hamline Midway Coalition has also appealed the Planning Commission's decision to approve the
site plan. They aze requesting:
— The number of truck doors be limited to a 3 doors on one building and 4 doors on the other.
— A 10 foot buildiag setback along Prior Avenue
— Annual reviews for the buildings
— Specific prohibitions against storing chemicals, toxins and food that would require refrigerated
trucks.
A PUBLIC HEARING IS SCHEDULED FOR WEDNESDAY, DECEMBER 1
Please notify me if any member of the City Council wishes to have slides of the site presented at the
public hearing.
Sincerely,
' / ��
Tom Beach
ATTACHA4ENT5
page 1 Appeals from JLT Group and Hamline Midway Coalition
paga 4 Plaaning Commission resolution
page 11 Planning Commission minutes
page 27 StafFreports and recommendations
page 34 Letter from Hamline Midway requesting a public hearing
page 37 Locarion map and site plans
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LLS
NEILL
P.L.L P
Attorneys at Lau�
' Joseph T. O'I<eill
Perer H. Grills
Vuct�ael D. OTveill
Elizabeth I. Goodpaster
Judith L. Titcomb
Brian M. Meloy
Pa.ate
Leanne ?fi. Rogers
November 4, 1999
VIA COURIER
Department of Planning and Economic Development
Zoning Section
1100 City Hall Annex
25 West 4` Street
St. Paul, MN 55102
RE: Appeal of Planning Commission Decision
•,vam,rrea ,n w,��ons�n Regarding JLT Group Inc. Site Plans Nos.: 99-216 & 94-212
Planning Commission Resolution.
File No.: 99-72 Dated October 22,1999.
Dear Administrator:
�
Appellant: Appellant is JLT Group Inc., located at 739 Vandalia, St. Paul, MN,
55124.
Property Location: The properties subject to this Appeal are located at
Minnehaha and Prior and at Minnehaha and Fairview.
Type of Appeal: This is an Appeal to the City Council of a decision made by the
Planning Commission on October 22, 1999. The Appeal is pursuant to the
provisions of Chapter 64, Section 206 of the Zoning Code.
Grounds for Appeal: The Grounds for this appeal are as follows:
The following conditions imposed upon JLT by the Planning Condition constitute
an illegal and unconstitutional discrimination on the use of industrial proper[y by
JLT and similazly constitutes an unconstitutional taking of property by the City
without just compensation:
A. Driveways: All truck traffic to the Fairview building must use the
south driveway on Prior Avenue and proceed via the area south of the
main existing building. Truck traffic may not use Minnehaha Avenue or
Fairview Avenue. The two existing driveways on Fairview must be closed
`ivimnesota World Tcade Center
30 East Seventh Street
Saint Paul, Mmnesota 55101-4901
Phone: (651) 24&830�
Fax: (651) 298-1474
Internet: ogo@ogolaw.com
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 negatively
impact the adjacent residemial neighborhood, the City would consider permitting
reopening driveways to Fairview for these uses as long as this office/warehouse building
did not have access to Fairview. Reopening driveways sha11 be by permit.
All truck traffic to the Prior building must use the driveways on Prior Avenue. Truck
traffic may not use Minnehaha Avenue or Fairview Avenue. A physical bamer must be
maintained on the site to ensure that truck traffic to this building do not use Minnehaha
Avenue.
Tbe City's Public Works Department testified that additional h traffic on Fairview wonld not
pose a safety hazard in the area. As a result, the Planning Commission has no basis in fact on
which to impose such a restricrion.
B. Hours: No tractor trailer trucks may enter the premises or be allowed to idle on the
premises between 10 PM and 7 AM artd on weekends.
This restriction is discriminatory as it singles out 7LT's property, while other similarly situated
indushial landowners aze not required to adhere to such a restriction. Further, a study was
recently conducted for the proposed Dawes Facility, which concluded that truck idling on the site
would not vioIate the City's Noise Ordinance. There is no rationale in law, or in fact as shown
by David Braslau's study, for the discriminatory restrictions on truck idling. �
C. 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 the dock.
There is simply no evidence that has been provided that truck idling beyond fifteen (15) minutes
would adversely impact the environment. Common sense dictates that the impact will be
negligible, based upon the small number of vehicies that travel on Prior and Fairview as opposed
to other nearby streets. The City's Traffic Engineer testified to the same at the public hearing on
September 10, 1999.
D. Noise analysis and noise mitigation: 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 determine the level of noise that could be anticipated from
these facilities. Tf the noise analysis indicated that these facilities without noise
mitigation measures will exceed levels permitted under City noise regulations, sound
mitigation measures must be constructed to ensure that these facilities conforms to City
noise regulations. Such sound mirigation measures must be in place prior to operations.
If another building wiil serve as a sound barrier, the walls must be substantially complete
prior to operations.
A sound level assessment was completed by David Braslau Associates, Inc. for the proposed
Dawes facility. David Braslau made a finding that the potential for violating the Saint Paul �
Noise Ordinance is highly unlikely and a hucking operation would comply with the Saint Paul
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HAMLINE MIDWAY COALITION �
Hamline Park Building � 1564 Lafond At-enue. Sunt Pau1. 3L\ 551�4 � 651-646-1986 • Fac 6>1-641-6123 � districtll@gofasi.net
October 22,1999
Council President Daniel Bostrom
St. Paul City Council
15 W. Kellogg Blvd.
St. Paul, MN 55102
Dear Coe:r.�: Pr2sident Bost�om:
On behalf of the neighbors living in the area surrounding North Fairview and
West Minnehaha Avenues, the Hamline Midway Coalition Board of Directors
wishes to appeal the Planning Commission's October 8, 1999 decision concerning
two JLT office/warehouse site plans. The buildings would be located on West
Minnehaha Avenue--one adjacent to North Fairview Avenue and the other, at
North Prior Avenue.
HMC does not oppose an office/warehouse development at these sites per se. •
Rather, this appeal, supported unanimously by HMC's board of directors at its
October 19 meeting, is based on our belief that more conditions are warranted -to
ensure sufficient protection for the adjacent residential area.
In approving the site plan, the Planning Commission was mandated to foilow St.
Paul Zoning Code #62108 (c), concerning Site Plan review and approval. The code
states:
"In order to approve the site plan, the Planning Cominission shall consider
and find that the site plan is consistent with...(4) Protection of adjacent and
neighboring properties through reasonable provision for such matters as
surface water drainage, sound and sight buffers, preservation of views, light
and air, and those aspects of design which may have substantial effect on
neighboring land uses."
The Planning Commission remgnized the potential adverse impact of the
warehouses on the neighborhood and placed eight conditions on its approval to
diminish these effects. However, it erred in leaving out certain conditions which
we believe are necessary to ensure protection of the neighbors. These conditions
would:
1) Limit the number of truck docks to the original number proposed in the JLT sit •
lof2
Dedicated to making th2 Hamline Midway neigl�borhood a better place 80 live and wor7�.
� Abrenrlalpapu�0%P��<onvumuwaqe
cap-S//3
. Noise Ordinance. Further, like all other residences and businesses in Saint Paul, JLT is both
obligated and committed to abide by the City's Noise Ordinance, regardless of the Planning
Commission's directive.
E. Additional review: The applicant does not lrnow who the tenants for these buildings
will be or the impact they will have on the nearby residential neighborhood. The type
of tenants could significantly affect neighborhood unpact Therefore,
a. The applicant may submit a revised site plan once the tenants have been
determined. Based upon this revised site plan, the Planning Commission may
modify (add or delete) conditions.
b. The Plaiming Commission will review the site plan conditions not more than one
year following the issuance by the City of a Certificate of Occupancy far these
building. The Planning Commission may modify (add or delete) conditions based
on this review.
The one-year review provision is simply commercially impractical and will prevent JLT from
deriving economic use from its property, to which it is entitled. A tenant will be unwilling to
enter into an agreement subject to this arbitrary condirion. The applications for site approval are
for what are called "sped' buildings—meaning JLT intends to buiId them as office/wazehouse,
but without any specific tenants in mind. This is commonly done in the development field where
developers, like JLT, purchase property which is zoned industrial and plans To make use of the
� property with prospective tenants to help our urban city, the neighborhood and themselves. This
condition unreasonably interferes with 7LT's expectation of economic benefit, which derives
from ownership ofprivate property.
Respectfutly Submitted,
O'NEILL, GRILLS & O'NEILL, P.L.L.P.
/ l
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Jos ei
orney for JLT Group Inc.
cc: JLT Group, Inc.
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• Council President Dan Bostrom
October 25,1999
Page 2
plans: 3 docks on the building at Minnehaha and Fairview, 4 docks on the
building at Minnehaha and Prior. The revised JLT site plan proposes 14 and 19
docks, respectively. Because the uses of the proposed buildings continue to be
unknown, HMC and community members believe that this number of bays
could potentially add too great a volume of truck traffic and, in turn, additional
noise, air pollution, and safety risks.
2) Require a 10-foot setback for the building at Minnehaha and Prior, on the side
facing Prior. Presently a zero setback is proposed. St. Paul Zoning Code
�r�l��iciCin �:H'� "I(1R /r\ ( $+�+�c.� }L.;c �Oii�:":..^.b C='..u'.� F,-,_ .`.:ii. Y��:� �� � °'.:': ...
_ _ �� ,a . .� .,.
Safety and convenience of both vehicular and pedestrian traffic both within the
site and in relation to access streets...." Failure to establish a setback would create
a blind corner for drivers heading west on Minnehaha, particularly those
making a left-hand turn to Prior, therefore creating a safety hazard.
3. Modify condition #8, adopted by the Pianning Cominission on October 8, 1999m
to require annual reviews. Again, because the types of businesses are unknown
and could easily change from time to time, the nature of this plan warrants
� regular monitoring for its impact.
4. Prohibit the storage of chemicals, toxins, and the kinds of food that would
necessitate the presence of refrigerated trucks. The first two items present safety
risks; refrigerated trucks are noisy, and are usually kept idling.
For the above reasons, we ask the City Council to accept and hear our appeal. We
look forward to hearing from you concerning our request. Please contact me or
Cathy Lue, HMC community organizer, at (651) 646-1986 (phone) or (651) 641-6123
(fax).
Sincereiy,
Jodi M. Bantley
Executive Director
/jmb
cc: Councilmember Jay Benanav
Councilmember Jerry Blakey
Tom Beach, LIEP
• Gladys Morton, Planning Commission
Patricia Teiken, HMC Board President
city of saint paul
planning commission resolution
�le number 99-72
date October 2z, 1999
WHEREAS, KURT WILLIAMSON, MINNEHAHA LTD, files # 99-212 and 99-216, has appiied for a Site
Plan Review under the provisions of Section 62.198 of the Saint Paul Legislative Code, for the purpose
of constructing two o�ce warehouse buildings on property located south of Minnehaha Avenue between
Fairview Avenue and Prior Avenue, legally described per the attachment A; and
WHEREAS, the Planning Commission on 9/11/1999, held a public hearing at whicfi all persons present
were given an opportunity to be heard pursuant to said application in accordance with the requirements
of Section 64.300 of the Saint Paui Legisiative Code; and
WHEREAS, Saint Pauf Pianning Commission, based on the evidence presented at fhe pubfic hearing as
substantially reflected in the minutes, made the following findings of fact:
�. The proposed buildings The plans show two o�ce/warehouse buildings.
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Fairview building The building at the corner of Fairview and Minnehaha wou�d have 14 truck
doors on the south side of the building. The truck doors would face away from the residences to the
north across Minnehaha so that most of the impact of trucks using the doors would be screened by �
the building. However, the doors wouid be visible to residents across the street on Fairview. The
site plan shows a 6.5' privacy fence along Fairview souYh of the building to act as a visual screen.
The building would cover 29,800 square feet. It wnuld be 360' long on the side facing Minnehaha
and 80' deep (except for a small office projection on the south side of the building. It would be 27'-4
taff. The main access shown on the site plan wouid be from an existing driveway on Fairview
Avenue.
The building would be set back 10 teet from the �r.operty line along Minnehaha and Fairview. This
area would be landscaped. The privacy fence along Fairview would be set back 10 feet and this
area would be landscaped too.
Prior building 7he building at the corner of Prior and Minnehaha would have 19 truck doors.
These doors would be on the south side of the building, so they would be screened from the
residences to the north across Minnehaha. The doors would be visible from the industrial property
to the west across Prior. The doors would be screened from the east and south by other existing
industrial buildings on the property.
moved by Faricv
seconded b3�
��i ��7���� IIn2rimous
against
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• Planning Commission Resolution
99-212, 99-216 Kurt Williamson, Minnehaha LTD
Page Two
The building would cover 33,146 square feet. It would be 360' long on the side facing Minnehaha
and 80' deep texcept for an ofifice area that would project from the south face of the building). it
would be 29'-4" tall. The main access would be from an existing driveway on Prior Avenue although
a car or truck could reach the building using an existing driveway on Minnehaha.
The building would be set back 10 feet from the property line along Minnehaha. This area would be
landscaped.
2. Proposed operation JLT does not have tenants lined up for the buildings and is building them
as "spec" buildings. This is a common arrangement for this type of building. However, it has raised
questions among neighbors since they do not know how the building will be used, what the hours
will be, the number and types of trucks etc.
3. 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 p/an and development or project plans forsub-areas of the
city.
The City's recently adopted Land Use Plan supports "compatible mixed use". It also says the
� City should "consider alternatives such as special restrictions on large trucking firms." The site
plan is compatible with the ad}acent residentia( neighborhood if conditions are placed on the
approval that minimize the impact on the nearby residential neighborhood, including truck traffic,
noise, light and the visual impact of this large building.
(b) Applicable ordinances of the City of Saint Paul.
OfficeJwarehouses are a permitted use in an I-1 zoning district.
There is a question about whether the noise from trucks would exceed the maximum levels
established in the City's noise ordinance. A noise study by an acousticaf engineer would
determine if any additional mitigation is needed to meet these noise limits.
(c) Preservation of unique geologic, geographic or hisforrcally signifrcanf characteristics of the city
and environmentalfy sensitive areas.
The site plan is consistent with this finding. The site is a paved parking lot on industrial property.
The neighborhood has environmental concerns about air pollution from existing truck traffic on
tne site and the additional traffic that this facility would generate. However, the Minnesota
Poliution Control Agency told staff that this a facility this size does not require any review by their
o�ce and should not pose any environmental hazzards for the area.
(d) Protection of adjacent and neigh6oring properties through reasonable provision for such matfers
as sur`ace �•�2i�r drain2ge, so�md and siah! bu,'iers, p�eserva:`ion of vre�•�s, light and air, and
• those aspects of design wh�ch may have substantial eiiects on neighbonng land uses.
The site plan is consistent with this finding if conditions are placed on the approval that minimizes
7
Planning Commission Resolution
99-212, 99-216, Kurt Williamson, Minnehaha LTD
Page Three
the impact on the nearby residentiat neighborhood, inciuding truck traffic, noise, light and the
visual impact of this Iarge building.
(e) The a��angement of buildings, uses and facilities of the proposed development in order to assure
abuffing property and/or its occupants will not be unreasonably affected.
The site plan is consistent with this finding if truck tra�c is restricted to Prior Avenue.
(� Creation of energy-conseniing design through landscaping and location, orientation and
elevation ofsfructures.
The site plan meets current standards for energy conservation and is consistent witfi tfiis finding.
(g) Safety and convenience of both vehicular and pedestrian traffic both within the site and in
relation to access streets, including tra�c circulation feafures, fhe locations and design of
entrances and exifs and parking areas within the site.
The site plan is consistent with this finding if all truck traffc uses Prior Avenue. To ensure that
trucks use prior, the existing driveways on Fairview should be closed and an existing physical
barrier on the site should be maintained to ensure that truck tra�c does not use Minnehaha
Avenue.
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(h) The satisfactory availability and capacity of storm and sanitary sewers, including solutrons to any �
drainage problems in the area of the development.
The site plan is consistent with this finding.
(i) Su�cient landscaping, fences, waUs and parking necessary to meet the above o6jecfives.
The site plan is consistent with this finding if:
- Additional landscaping is provided on the sides of the buildings facing the residential
neighborhood across Minnehaha and Fairview.
- Sound mitigation measures are installed if needed to meet the standards of the City's noise
ordinance.
(j) Site accessibility in accordance with the provisions of fhe Americans with Disabilities Act (ADA),
rnc/uding parking spaces, passengerloading zones and accessible routes.
The site plan is consistent with this finding.
(k) P�ovision for erosion and sediment contro! as specified in the "Ramsey Erosion Sedimenf and
Confro! Handbook."
The site plan is consistent with this finding.
NOW, THEREFORE, BE IT RESOLVED, by the Saint Paul Planning Commission, that under
fhe authority of ihe City's Legislativ� Cod�, the application for a Site Plan Review to ailow two
ofrice warehouse buildings located south of Minnehaha Avenue between Fairview Avenue and .
Prior Avenue is hereby approved subject to the following conditions
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Planning Commission Resolution
99-212, 99-216 Kurt Wiiliamson. Minnehaha LTD
Pag= Four
Driveways Ail truck traffic to the Fairview building must use the south driveway on Prior
Avenue and proceed via the area south of the main existing building. Truck traffic may not use
Minnehaha Avenue or Fairview Avenue. The two existing 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 negatively impact the adjacent
residential neighborhood, the City would consider permitting reopening driveways to Fairview for
these uses as long as this offce/warehouse building did not have access to Fairview. Reopening
driveways shall be by permit.
Afi truck iratf�c to the Prior 6uifding must use the driveways o� Prior Avenue. Truck tra�c may not
use Minnehaha Avenue or Fairview Avenue. A physical barrier must be maintained on the site to
ensure that truck tra�c to this building do not use Minnehaha Avenue.
2. Hours No tractor trailer trucks may enter the premises or be allowed to idle on the premises
between 10 PM and 7 AM and on weekends.
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 the dock.
4. Truck parking Trucks may not stop or park on Fairview, Minnehaha or other nearby residential
streets. Public Works wi11 post signs where needed to help enforce this.
5. Noise anaiysis and noise mitigation 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
determine the level of noise that could be anticipated from these facilities. If the noise analysis
indicates that these facilities without noise mitigation measures will exceed levels permitted under
City noise regulations, sound mitigation measures must be constructed to ensure that these facilities
conforms to City noise regulations. Such sound mitigation measures must be in place prior to
operations. if another building wili serve as a sound barrier, the walls must be substantially
complete prior to operations.
In addition, any public address systems must be constructed and confiigured to minimize public
address noise from adjacent residential neighborhoods. Any mechanical equipment not specifcaily
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.
�
6. Lighting Exterior fighting for the facilities must be aimed and shielded to minimize glare {ight and
light spili over on to adjacent residential property.
7. Setbacks and landscaping The building setbacks of at least 10 feet are required along
Minnehaha and Fairview. These setbacks must be planted and maintained with plant material
approved by site plan staff and which will grow at least 15 to 25 feet tall when mature in order to
form a continuous row along the entire sides of the buildings facing Minnehaha and Fairview.
Additional landscaping must be planted around the perimeter of the site wherever noise barriers or
visual screens are required. The noise barriers or visual scre=ns must be setback 10' from the
prop�-ty I;ne to provide zde�uai° room tor la��scaoina. Th� exis'ting cha�n link ra, �ce in these areas
must be removed.
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Planning Commission Resolution
99-212, 99-216, Kurt Williamson, Minnehaha LTD
Page Five
8. Additional review The applicant does not know who the tenants for these buildings will be or the
impact they will have on the nearby residential neighborhood. The type of tenant could significantly
affect neighborhood impact. Therefore,
a. The applicant may submit a revised site plan once the tenants have been determined. Based on
this revised site plan the Planning Commission may modify (add or delete) conditions.
b. The Planning Commission will review the site plan conditions not more than one year following
the issuance by the City of a Certificate of Occupancy for these buildings. The Planning
Commission may modify (add or delete) conditions based on this review.
K15�aretl1B'vkholz�PLANNINGViESOLUTM99216PCR wpC
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. 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, October 8, 1999, at
8:30 a.m. in the Conference Center of City Hall.
Commissioners
Present:
Commissioners
Absent:
Mmes. Faricy, McCall, Morton and Nordin and Messrs. Corbey, Dandrea, Field,
Fotsch, Gervais, Gordon, Kramer, Mazgulies and Nowlin.
Mmes. *Donnelly-Cohen, *Duarte, *Engh and *Geisser and Messrs. *Johnson,
Kong, *Mazdell and *Shakir
*Excused
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Also Present: Ken Ford, Planning Administrator; Jean B'ukholz, Nancy Frick, Tom Harren,
Allen Lovejoy, Lazry Soderholm and Joel Spoonheim, Department of Planning
and Economic Development staff; Bob Kessler and Tom Beach, the Office of
License, Inspection and Envuonmental Protection.
Neighborhood and Current Planning Committee
Recommendation for JLT Group Site Plan Review for the pmposed two buildings at Prior and
Minnehaha and Fairview and Minnehaha.
Commissioner Faricy reported that committee had a meeting on September 21, 1999, where
recommendations were made regazding the JLT office wazehouse buildings in the Midway area: -The
recommendation being made today is almost verbatim of the Apri123, 1999 recommendation that was
made for the Dawes Trucking Company at the same JLT site.
MOTION: Commissioner Faricy moved approval of the Neighborhood and Cunent Planning
Commi#ee's recommendations jor the JLT Group site plan for the proposed two buildings at Prior
and Minnehaha and Fairview and Minnehahr�
Commissioner Faricy read the recommendations.
Mr. Tom Beach updated the Commission on what has taken place since the committee meeting. JLT
sent a letter with some objections to a number of conditions, although some changes have been made in
them since. It is his understanding that JLT is still opposed to the hours of operation, truck idling, and
the annual review. District 11 Hamline Midway Coalition sent a letter in which they raised three
points: 1) it would be reasonable if JLT went back to the original plan that showed on three doors on
one building and four on the other; 2) they would still like to see a 10-foot setback at Minnehaha and
Prior for tr�c visibility; and 3) they would like to see an annual review rather than a one-yeaz review
because tenants will change.
��
Commissioner Nordin asked what the setback is at Minnehaha and Prior. Mr. Beach responded that the �
setback on Minnehaha right now is 10 feet; there's no setback on Prior since that faces industrial
property across the street. None is required on Prior, but the neighborhood feels that it creates an
unsafe tr�c condition.
Commissioner Gordon asked Mr. Beach to be more specific about the applicanY s letter in opposition to
the committee recommendation, and whether the applicant proposed a modification of each opposed
condition or elitnination of the condition. Mr. Beach replied that what JLT proposed is that those
conditions be deferred until such time as tenants have been selected. Commissioner Gordon asked if
the applicant or his representative were present today. Mr. Beach answered that a representative was
present. Commissioner Gordon asked if the Commission, at the tune of the first review, could decide to
have another review. Mr. Beach replied that it could.
Commissioner Field asked if inembers of the community were allowed to speak at the Neighborhood
and Current Planning Committee meeting. Chair Morton replied that they were. Commissioner Field
stated that his understanding was that the Planniug Commission closed the public heazing two weeks
ago. He questioned how it could occur that members of the community were allowed to speak at the
committee meeting. Commissioner Faricy stated that she was not at the meeting, however
Commissioner Geisser called her after the meeting and told her that there was a question that came up
not to the issue of the rivo new wazehouse buildings, but with regard to the Dawes Trucking building.
Commissioner Gordon stated that he was at the meeting and his recollection was that the nature of the
input was in response to questions voiced by committee members as to the locarion of a driveway on
Minnehaha. None of the committee members were s�se about whether there was one or where it was,
and someone from the audience volunteered informarion with respect to that. He added that sort of �
phenomenon has occurred at other committees on other occasions. It was for the very limited purpose
of providing committee members with some information that they needed.
Mr. Beach concurred with Commissioner Gordon's recollection.
Commissioner Nowlin asked if there was a prohibi6on in the Planning Commission rules of procedures
as to speaking extemporaneously at committee meetings. Mr. Ford stated that his understanding is that
�.�„ _, ,, � once the public hearing is closed, there's no public testimony but commissioners are always free to ask
questions of someone who's there for information, if they wish.
Commissioner Gordon said that the committee reviewed the previous conditions imposed by the
Planning Commission and also by the City Council. The committee looked at each one and tried to
determine whether it was appropriate for this application and if not, should it be modified or deleted.
Some of the conditions are identical or substantially identical to previous conditions; others were
modified in light of this application. Because the applicant was unable to provide us with spec�c
informarion about the particulaz uses of t[iese buildings resulted in condition #8, providing for the one-
year review because by that time, the uses ought be determined. It was a very focused attempt to not
duplicate the Dawes application, but to use it as the starting point for purposes of determining what
conditions ought apply here. He added that he thinks this recommendation is a very reasonable
accommodarion to the legitimate concems of the neighbors and the legitimate concems of the applicant.
Commissioner Field stated that this recommendation is structured like it was for Dawes Trucking.
MOTION: Commissioner Field moved that conditions 2, 3, S be stricken and condition 8 be •
modified to read:
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ao-�{!3
� The applicant does not know who the tenanu for these buildings wi11 be or the impaci they wi11
have on the nearby residential neighbnrhood The type of tenant could significantly affect
neighborhood impact. Therefore, staff from the Offue of Licertse, InspeMions, and
Environmental Protection shall inspect the site on a regular basis and make a repon tn the
Planning Commission if and when the site conditions are not being followed and/ar whether all
applicable City ordinances are not being meG If comp[iance is verified by ixspection, staff wi11
take normal enforcement action including criminal citations and/or recommendalions to the
Planning Commusion to the verification of the violalions of the site plan conditions and/or other
applicable ordinances; Contnrissioner %ramer seconded the motiorr.
Commissioner Field stated that it is not known what will be on this site, and he is troubled that the
recommendation seems to follow the same conditions as for Dawes Trucking.
Commissioner Gordon stated that he opposes the motion. He said that the Planning Commission does
know that there aze 33 doors planned for these buildings, more than the number of doors for Dawes.
That would seem to indicate a higher level of condirions that for Dawes. Secondly, the committee did
not just duplicate the Dawes conditions. For e�nple, one of the conditions in the Dawes case was
imposed by the City Council and it was appro�tnately 45 trucks per week. The committee didn't put
that into this recommendation because there wasn't enough information, but thaYs the reason it put in
the one yeaz review. Also, the hours were changed to apply to tractor trailer trucks rather than any
trucks. In the Dawes conditions, it was any trucks. If you line up the conditions, you will see that they
aze not uniformly idenrical. Commissioner Gordon noted that he shazed Commissioner Field's concern
about dealing with something where we don't have all the information, but this is the applicant's doing.
The applicant submitted the plan without knowing all of the uses to which the property may be put.
� Maybe it would make more sense to wait until the applicant knows what the uses aze before he comes
in with a site plan. But thaYs not whaYs happening here, so the Commission has to deal with it. If the
applicant makes us choose to deal with it without providing us with all the information, all the Planning
Commission can do is take that into consideration and ptovide some protections that will recognize
what might happen in the future. He doesn't think that this is justification for just eliminating
conditions because all of the information is not provided. There is enough information to justify each
and every condition in the way it was drafted for this application.
- Commissioner Mazgulies questioned whether there was a way to accommodate both of the positions.
He suggested taking #8 and saying that when the Commission has a specific site plan in front of them,
it will then review the site plan based on the use. We could defer this question until a specific used is
proposed.
Commissioner Field said he would need to think about that. Responding to Commissioner Gordon's
comment on the number of doors, he stated that when he references the number of doors, he's thinking
of heavy truck tractor type of traffic. A lot of office wazehouses haue small delivery vans and vehicles
that don't consritute the type of activity which might be representative of a Dawes Trucking. The big
frustration in dealing with this is that we don't know who's going to be there and how it's going to be
used.
Commissioner Mazgulies stated that the problem he has with Commissioner Field's language is that a
review occurs and then we're asking staff and LIEP to follow-up to see if there's compliance with some
� rules and zegulations. The specific concerns that we might have about that site are never put into effect.
There's nothing for them to ]ook at in terms of generating specific responses to specific problems.
Commissioner Nowlin, too, is iroubled that there is no information regazding use. He said that an
IS
application like tlus received in any suburban municipality just wouldn't go any place. There is no site �
plan; there is no dimensional layout, He thinks that the Commission should deny the site plan because
tfiere isn't a good drawing. He doesn't have all his quesfions answered and he doesn't Iike the idea of
tacking on a lot of conditions when we don't have the answers. He doesn't think that some of the
conditions recommended by the committee should be deleted because the Commission has seen a
proposal (the site plan) that was talking about 34 additional bays, and thaYs a truck facility, and he
doesn't think they should be knocked out with the proviso that the applicant, at any time, can explain
that this is not truck terminal or has been modified and therefore needs modification of the site plan
conditions. The Planning Commission should make it clear that the applicant can do that. With that
addition, he wilt go along witfi wfiat the Committee has recommended.
Commissioner Kramer is concemed that the conditions seem to address specific issues, but that in the
one-yeaz review period, there may well be issues one way or another that tlus doesn't address. He
thinks that the language Commissioner Field has proposed under #8 compazed to what e�cists in the
committee's mofion, allows for quicker action by the City than waiting an entire yeaz if something
would need to be changed—maybe there needs to be a little tweaking there. Right now it says that the
City witl not do anythiug for a yeaz, and he thinks that's not necessarily the right way to proceed.
Commissioner Dandrea referred to item #2 under fmdings. He asked Mr. Beach if putting up this kind
of "spec" building is a common arrangement as it says in the findings. Mr. Beach responded that this
type of building is designed to be flelcible. You can put up the siructure and then you can subdivide the
spaces into five small spaces or two big spaces, etc. It is fairly common for this type of building.
Coatmission Gordon stated that as he understands i� this is a site plan approval process, so, if the
Commission takes out condirions #2, #3, etc., and approve this site plan without those conditions, thaYs �
what gces forwazd. If we do that, he supposes Dawes Trucking could be moved in next week, without
any of the conditions that were originally attached to their applicarion, and that would indeed be a
disservice to the community and the City. Regazding the comments about flexibility (adding or
deleting), condition #8 takes cazes of that in the last sentence. There also has been concem expressed
about having to wait one yeaz. We don't have to wait one year. Condition #8 is phrased in terms of
having the review "not more" than one year. So, obviously, it could be less than one year, and aY the
request of the applicant or the residents or both. He thinks, the committee has built in protections. The
Commission could simply deny ttris site plan. We can't adequately make judgements about what
conditions should be in here, so we could just deny it and wait until we can, but he thinks that may be
uafair to the applicant. He thinks that what the committee has gone to considerable effort to shvcture is
an appmach to enable the applicant to go forwazd and at the same time, retains sufficient protections for
the community and the neighbors, and a reservation of the fle�bility we would need if something were
to happen such that either the applicant or the neighbors tUink there ought be a change, they can make
the request any time within the ne�ct year. He thinks a point that the members need to focus on is that
tlus is a reasonable approach in accommodating the interests of the applicant and the neighbors.
Commissioner Nordin thinks that all tfie conditions should remain. Sfie, too, feeIs that tfiis site plan
proposal has not been presented the way it should be. If she were to be the azclutect for this client and
present this project the way it has been presented here, she would be extremely embarrassed. There aze
too many things left to the Commission's imagination in this proposal, and that it why it needs all this
criteria, if we aze going to pass it. Once this is built and has uses, those uses are subject to change
within the next yeaz. So, the Planning Commission needs to be very carefiil for the neighborhood �
residents who aze right across the street. This would not be built in a suburb. There is too much
missing.
I :a(
pa-Y�3
• Commissioner Margulies is bothered on all sides of this issue. One problem he has is that if we pass
this resolution with the one-yeaz review and we have a defacto site plan, we're really telling the
developer to go ahead and build this and start leasing. A year from now when this project is: a) built;
and b) leased-up, the City might be telling the developer he can't do a, b, c, and d, when he has leases
which requ'ue him to allow a, b, c, and d. Then the City is going to be in a much more difficult
situation, litigation wise, than we are today, litigation wise. He thinks that if there are some things the
Commission wants to say about tlus project, it ought to do so now. The idea of going back after the
projecYs built and leased and starting to operate and telling them there are additional rules which none
knew about, is really bothersome to him in terms of a due process scenario. He has a problem with
lefting the developer getting too faz down the road. If the developer wants to come back when he has a
better idea of what the uses are going to be or not going to be—maybe thaYll work. Even with a more
specific site plan, we might not know who will be leasing and what the uses will be.
Commissioner Gordon noted that he hasn't any of the problems that Commissioner Margulies has with
respect to the applicant developing this and a yeaz from now having these conditions revisited. This is
the applicanYs doing. The applicant has chosen to come in and apply for a site plan without providing
the City with all of the information. The Commission is dealing with that in a reasonable fashion. If
the applicant wants to go fonvazd, then he does so at the applicanYs risk. He doesn't think thaYs unfair.
This recommendation has been structured so that the nea�t review should be not more than one yeaz, so
if something comes up for the applicant that is of concern, the applicant can certainly apply for a review
prior to one year.
Commissioner Nowlin commented to Commissioner Dandrea. What is unusual here is not a"spec"
building. WhaYs unusual here is to have a"loosey, goosey" site plan that doesn't say anything very
� well. We have been offered something to accept or reject on faith in terms of what's going to go on
here. ThaY s not right. An applicant should have to be more specific. He thinks what the committee
has done is reasonable. They have assumed the worst case which would be a lot of trucks.
Theoretically, it the Planning Commission approves Cotnmissioner Field's morion, Dawes could go
back in. He is with the committee to the extent that these are the minitnum requirements that ought to
be imposed. He also agrees that since we don't know, we need some flexibility. He thinks that #8
should make it cleaz that the applicant can request a review.
MOTION: Commissioner Fotsch moved thal debate be closed on Commissioner Field's motion.
Commissioner Mugulies commented that he is bothered by putting post development restrictions on an
operation when we know today what those operations could be.
The motion on theJloor to end debate carried unanimously on a voice vote
Commissioner Field re-read his motion.
Commissioner Field's motion to amend canied on a roll caU vote of 7- 6(Faricy, Fotsch, Gordon,
Margulies, Nordin, Nowlin).
The amended motion on theJloor to approve the site plan failed on a roll call vote of S- 8(Corbey,
Faricy, Fotsch, Gordon, Margulies, McCall, No�din, Nowlin).
� MOTION: Commissioner Nowlin moved that the site plan be denied; Comtnissioner Nordin
seconded the motion.
,�
Commissioner Nowlin explained that what the Commission is expressing here is that it has inadequate �
information on wkich to approve the application or to appropriately condition the proposal. The
applicant needs to return with something more cleaz.
Commissioner Gordon commenYed that not appmving Yhis site plan is certainly better than approving it
without the specific conditions that the committee had developed. He will support the moflon to deny
the site plan.
Commissioner Margulies commented that if the someone had put a motion before the Commission that
had kept the restricrions but included Commissioner Nowlin's language, he thought there might have
been some support. Perhaps there's a way to revisit that. He asked if the proposal could be resubmitted
today.
Commissioner Nowlin noted that he would accept, as a friendly amendment to the mofion to simply
deny, but that the matter should be sent back to committee for further consideration.
Commissioner Margulies asked Commissioner Nowlin what could be sifted out in committee that has
not been flusfied out here.
Commissioner Fotsch, on point of order, interjected that the main motion can be referted back to the
committee, but it does require a friendly amendment.
SUBSTITUTE M01TON: Commissioner Margu[ies moved to approve the Neighborhood and
Cunent Planni�tg Cnmmittee's recomn:endations for the JlT Group site pian for tlte proposed two
buiiding at Prior and Minnehaha and Fairview and Minnehaha except that #8 would include •ri� •- : s�� �
al[owing both the applicant and the Planning Commission to seek mod�cations ar apprnpriate
during the development process; Conprrissioner Fotsch seconded the motion.
Commissioner Fotsch spoke to the substitute motion which allows the applicant to work out some
accommodation. There is the flexibility here; it's a good solution.
MOTION: Commissioner Paricy moved to call the question; Commissioner Fouch seconded the
�•t•,.. motion which canied on a voice vot�
Commissioner Mazgulies cl�ed that the vote will be on the Neighborhood and Cumnt Planning
Committee's recommendations as they appeu, except #8 will allow the applicant, as well as the
Plazming Commission, to pose farther modificafions based upon the project as it is more specifically
developed. The last line of #8 shall read:
The Planning Commission or Yhe applicanY may modify (add or delete) conditions based on this
review.
The substitute mokon on the floor to approve the Neighborhood and Current Planning Commit[ee's
recommendations for the JLT Group site plan for the proposed two buildings at Prior and
Minnehaha and Fairview and Minnehaha, and to reword the last sentence in #8 to read:
The Planning Commission or the applicant may modify (add or delete) conditions based on this
review �
canied on a voice vote (Dandrea, Field, Gervais, Sramer, Morton).
f,
oo-y /3
. 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, September 10, 1999, at
8:30 a.m. in the Conference Center of City Hall.
Commissioners Mmes. Donnelly-Cohen, Duarte, Engh, Faricy, Geisser, McCail, Morton and Nordin
Present: and Messrs. Corbey, Dandrea, Field, Fotsch, Gervais, Gordon, Krazner, Mazdell,
Mazgulies, Nowlin and Shakir.
Commissioners Messrs. *Johnson and Kong
Absent:
*Excused
C .J
i
Also Present: Ken Ford, Planning Administrator; Jean Birkholz, Nancy Frick, Tom Harren, Nancy
Homans, Lucy Thompson, Allan Torstenson and James Zdon, Department of
Planning and Economic Development staff; Tom Beach and Bob Kessler, Office of
License, Inspection and Environmental Protection; Bill Hagland aud A1 Shetka,
Tr�c Engineering, Department of Public Works.
I.
II.
III. Planning Administrator's Announcements
Approval of Min�es of August 13 and August 27, 1999
\
MOTION: Com�nissiote�r %ramer moved approval of the minutes offl ugust 13, I999 and
August 27, I994; Commiss`ianer Mardell seconded the motion which carried unanimously on
a voice vote
\
Chair's Announcements �� �
Chair Morton announced that Mr. Ken Ford v�ill be leaving the Departrnent of Planning and
Economic Development between October and beginning of the new yeaz. Mr. Ford
responded by saying that the possibility of retirerx�nt and doing a few other things is something
that he has been thinking about for some.time, and dec�ed to make it happen a little before the
end of this yeaz. He noted that it was a hazd decision to c`otne to given the way he enjoys this
work and working with the Planning Commission. ,
Mr. Ford announced that he has handed out some information about au�ic�training conferences
that the American Planning Association offers. \
t
Mr. Ford announced that this last week, the City Council approved the rezoning or St. Paul
Brass and for the Riverbend Industrial Park. A pubtic hearntg was held this week the
Shepazd Davem Gateway Small Area Plan. The City Council laid it over to September , 1999.
Most of the testimony focused on the issue of affordable housing and some interest in having
(7
more specific targeu for affordable housing in the Shepazd Davem azea in the plan. The City
Council set October 6, 1999, for public heariugs on the Merriam Pazk and Hamline Midway �
Special Sign Districts.
IV. ����,T� HF�(t1N�i: JLT Group Site Plan Review for the proposed two buildings at Prior and
Mivnehaha and Fairview and Minnehaha (Tom Beach, 266-9086, LIEP).
Chair Morton zead the rules and procedures for public hearings.
Mr. Tom Beach, the Office of License, Inspection and Environmental Protection, showed slides
of the site and gave a short presentation.
JLT Group is proposing to conslruct two office/wazehouse buildings on property they own
bounded by Minuehaha, Fairview and Prior. The site covers appro�cimately 14'h acres. It has
been used for industrial uses for a number of yeazs. JLT has owned it for about the last three
years. Fzrlier this year, JLT submitted a site plan for a trucking facility for Dawes Trucking.
That facility was going to have 26 doors for trucks. The Planning Commission approved the site
plan wiYh a number of conditions including existing curb cuts on Fairview, construction sound
barriers, and reshicting hours of operation. The City Council heazd the case on appeal; they
approved it with the same condifions that the Planning Commission recommended, plus added
some new conditions including limiting the number of hvcks and requiring an annual review of
the site plan. The Mayor vetoed that decision, but the City Council overturned the veto on a
vote of 5-2. JLT Group has since filed a lawsuit about that case. Now, they are proposing hvo
buildings. One would go along Miunehaha; the other would be located along Minnehaha and
Prior.
Mr. Beach read the staff recommendations.
� �
Commissioner Gordon stated that he is concemed about approving a site pIan without having a
better idea of the use of the buildings. Regarding fmdings 3d and 3e, the staff recommendation
says that "the site plan is consistent if conditions are placed on the approval that minunizes the
impact on the neazby residential neighborhood, including truck traffiq noise, light and the visual
impact of this lazge building," A number of the conditions do deal with truck traffic, but if the
site plan is approved consistent with the staff report, what would happen if we end up with a
couple hundred trucks per day in that facility? What is to protect these concems that run in
favor of the neighboring Iand owners and residents around this site if tfiere turns out to be some
huge amount of truck traffic? Mr. Beach responded that when the noise analysis was done for
Dawes Trucking, there were some assumptions made about a reasonable number of trucks given
a number of doors. The noise analysis takes the more reslrictive standazds that apply from 10
p.m. to 7 a.m. Commissioner Gordon asked if the site plan is approved consistent with the staff
recommendarion, is there any limit on the number of trucks that could access that site over the
given course of a day? Mr. Beach answered that there was not. If it turned out that the noise
ordinance were violated, the City would need to make sure that JLT came into compliance witii
it. Commissioner Gordon indicated that if there would be a lazge number of trucks, they would
impact on more than just noise. There would be safety issues if trucks would be backed-up into
intersections. Mv Beach responded that one of the conditions is that trucks have to use Prior to
enter the site, and maneuvering the trucks would be going on in the site itself. Commissioner
Gordon asked Mr. Beach whether he has thought of a way of structuring this so that there would
be some review or control on the total number of trucks that could use the site? Mr. Beach �
�i�
cx�-yi3
replied that staff didn't consider that; and added that iYs not an easy thing to enforce. They
• hoped to settle some of those problems with the design of the buildings.
Commissioner Geisser asked if when the MPCA did their environmental study, did ihey do a
specific site study or a cumulative affect on air and the environmental? Mr. Beach stated that
when he spoke to them, he gave them this site only. Commissioner Geisser noted that the whole
azea between Fairview and Mimiehaha has a lot of truck traffic. Mr. Beach replied that such a
decision would be up to the MPCA ; the City can't requ'ue one by themselves.
Commissioner Mazgulies asked if Mr. Beach knew the status of the Dawes litigation and the
outstanding issues involved. Mr. Beach replied that all he knew is what he read in the paper.
Joe O'Neil, 168 East Sixth Street, Saint Paul, attomey representing JLT Incorporated, addressed
the Commission. Fie expressed that two weeks ago, some of the Commission members
suggested to him very strongly that he and Mr. Trooien should make a strong effort to meet with
the neighbors. Through the cooperation of the Hamline Midway Coalition, JLT had a very good
meeting on Wednesday night with the neighborhood. Both Mr. Trooien and Mr. Meyer from
JLT were there, along with neighbors and the people from the Hamline Midway Coalition. It
was a good meeting and an understand3ng was reached that will be very helpful in the future.
Mr. O'Neil referred to a lazge zoning map to show that the whole azea near this site is an
industrial azea. He said that he drove azound in the area counting the number of doors on many
of the businesses in the azea. Some of the doors were inside the sites; many were leading
directly onto the streets. Mr. O'Neil pointed out that in the Legislative Code there is no
restrictions on the number of trucks permitted into a facility. None of the businesses in this azea
� aze restricted as to number of hucks. JLT Group bought this property in 1996. The properry had
been vacant for many yeazs. JLT has tried to utilize and develop it in a way that is consistent
with City legislation. He pointed out that going north on Fairview, there's about 14 truck sites
that have access right onto Fairview Avenue, and Prior Avenue also has many truck sites that
access right onto it. He reiterated that industrial sites do not have any limitations regazding the
number of truck traffia If however, there is any violation of City codes, people need to comply,
and JLT certainly intends to do as well. A noise study that was done on this property on the
Dawes matter found that there was no violation. It appears that this use of industrial property is
consistent with the code and consistent with the use of an office/warehouse or a trucking facility.
There is nothing in Saint Paul's code that restricts the number of doors in a build'mg. Mr. O'Neil
indicated that they intend to comply with all of the staff recommendations even though some of
the restrictions aze more than other industrial property owners have out there. He asked the
Planning Commission to be equal in so faz as its consideration of the property rights of the
industrial owner, JLT, and decide today to approve the site plans for both buildings.
Commissioner Faricy asked who did the noise study for the Dawes Trucking site, and if a copy
was available. Mr. O'Neil answered that David Braslau did the study and he thinks that the
Planning Commission has a copy of it If cost about $5,000 and was paid for by JLT.
Commissioner Faricy asked about the August 18, 19991etter from Hamline Midway Coalition.
Mr. O'Nei1 replied that he was referring to yesterday's letter. The Planning Commission did not
received it; Commissioner Gordon had been faaced the letter. Mr. O'Neil passed out copies of
the letter.
• Commissioner Nowlin asked about the Dawes matter. Mr. O'Neil replied that action has
� [�
commenced in the Ramsey County District Court; the answer has not yet been £led by the City.
A hearing is scheduled for Monday, September 13, 1999, for a temporary reslraining order. •
Commissioner Nowlin asked if Dawes is planning to go into the site on the east side. Mr.
O'Neil answered that they aze not; JLT lost Dawes. Commissioner Nowlin asked if JLT was
suing on the land use restrictions or for damages. Mr. O'Neil responded that JLT was suing for
both.
Commissioner Gordon commended Mr. O'Neil, Mr. Trooien and the Hamline Midway Coalition
on getting together and meeting with the community to discuss these issues and in reaching
agreement on a number of concems. He encouraged them to continue in those efforts in hopes
of reaching agreement in the remaining unresolved issues. With respect to the role of the
Plauning Commission, the Land Use Plan calls for compatible mixed use, so the Commission
needs to be looking at a way for the use of this property that is compaUble with the residential
neighborhood that abuts it on aY least rivo sides. Commissioner Gordon agrees that the code
does not contain a specific res�iction on the number of trucks, but the code does require the
Planning Commission to make certain findings, such as there will be no unreasonable affects on
neighboring land owners. In order for the Commission to make those findings, it needs to take
into consideration things such as the level of truck traffic because given some level of traffic,
there could be an impact on surrounding use. If JLT were to run 500 trucks per day into
buildings, it might have an unreasonable affect on the neighborhood. T'he concem is how does
the Planning Commission approve a site plan without lmowing that? He asked Mr. O'Neil if he
has considered structuring this in a way that would enable approval of the site plan and yet
protect against an excessive amount of truck traffc that wouId unreasonably impact the
surrounding residential neighborhood? Mr. O'Neil replied that he thinks the real restriction is
the size of the building. The size of the 565,000 square foot building at Gregs Cooper will lend �
itself to a certain number of trucks; a sma1129,000 square foot building or a 33,000 square foot
building is restricted by the number of doors proposed. Mr. O'Neil indicated that the affect the
Commission must fmd is not whether it's reasonable or unreasonable, but whether or not it has a
substantial effect. Whether or not it has a substantial effect is a decision for the Planning
Commission to make, although these aze not lazge buildings. The number of doors that aze
proposed would restrict the number of trucks that could be available for loading and unloading
during the day, Commissioner Gordon asked how many doors aze proposed. Mr. O'Neil
answered that there aze 33 total doors proposed for both buildings, Commissioner Gordon asked
if he had heazd conectly that these 33 doors are contained within walls. Mr. O'Neil responded
that they aze within walls. There will be a wall all along the exterior of the properry, 27 feet
high; 6racks wouid come inside tfiat wall. Commissioner Gordon asked if the outcome of this
site plan review will have any impact on the litigation process regazding the Dawes Tmcking site
plan review. Mr. O'Neil replied that he can't answer that question. All he can say is that the
City has not yet filed a response.
Commissioner Nordin asked if this building were designed as a one-tenant or possibly a rivo-
tenant building. Mr. O'Neil responded that it was not designed as a one- or two-tenant building;
more possibly for multi-tenants. Mr. Trooien, JLT Group, explained that when they designed
the northeast building, they put in the maximum number of docks so that they would not need to
come back for further approval if the number of docks increased.
Commissioner Mazgulies asked how many doors were in the Dawes building. Mr. O'Neil
replied there were 26. Commissioner Mazgulies asked, although he and JLT want the Planning
Commission to base ifs decision on the number of doors, (given the Commission's decision, it �
� 2v
aer y/3
needs to look at the unpact); what assumptions do they want the Couunission to use with respect
� to the number of trucks on a daily basis that will be utilizing this site? Mr. O'Neil replied that
again the test is one of whether or not this use has a substanrial affect, and he indicated that the
Commission should rely on the staff £mdings and stafPs indication that this use is consistent
with industrial use and with the I,egislarive Code. He stated that he can't answer what the
number of trucks would be. In e�minarion, they have not found any other industrial site in the
Midway azea that has any restrictions on the number of lrucks, regazdless of how many doors
they have.
Commissioner Nowlin is troubled because he sees two building plans in front of him but he
doesn't see one site plan. He asked Mr. O'Neil what he considered the site to be. Mr. O'Neil
replied that the site is the 14.5 acres. Commissioner Nowlin agreed. Mr. O'Neil noted that you
need a specific building positioned within that site. Commissioner Nowlin stated that the issue
here today is not zoning classification I-1 or something else. Everyone here agees that we're
not changing the zoning code or the zoning treatrnent of the property. The issue is site planning.
In the suburbs, this 15 acres would have a site plan, but we're not seeing that today and we've
got these problems. The Planning Commission's job is to assess and to make sure that there is
no substantial adverse impact on surrounding property. Here, we don't even have a number of
trucks that might use this. Commissioner Nowlin wonders how many more buildings can be
constructed on this 15 acres; perhaps a lot more. This is not done yet. Mr. Trooien responded
that he doesn't know where they would put the next building, other than where Dawes would
have gone. Commissioner Nowlin pointed out that the Commission does not have anything in
front of them that cleazly shows whaYs going to happen at this site for a long period of time.
Mr. Trooien asked if there was a correlation between a site plan and restricting a number of
trucks. To him the real issue is whether there aze any other buildings that have those
. restrictions; is there dual treatment going on? Commissioner Nowlin replied that Mr. Trooien
would find out in court that the way zoning works is cumulative and impacts aze cumulative. He
added that iYs too bad that Mr. Trooien is the last owner there; the Planning Commission really
wants to help him. It's a h old piece of properry and it ought to be reused and it ought to
be used for industrial. The problem is that there is already industry there. Now, someone needs
to figure out how to exist there without exasperating an already existing impact. That's the law;
not, "I get to do the same thing as the guy next door." Mr. Trooien thinks there is some element
of that, but he thinks the issue here revolves more azound the number of trucks, and a small
bullding cannot generate as lazge an aznount of truck traffic as a lazge building would do with a
lot of continual distribution.
Commissioner Engh asked Mr. O'Neil if he knew what the average daily traffic count is on Prior
and Fairview. Mr. O'Neil replied that he did not. Commissioner Engh thinks that is something
the Commission should fmd out because counting truck doors is only a snapshot of what
potentially could go in there. Having driven up and down those streets, she thinks that a traffic
count would provide helpful information. Mr. Beach responded that the ir�c count on
Fairview south of Minnehaha is 7,650 vehicles per day; Prior is 4,100 vehicles per day; Pierce
Butler gets about 12,000; University Avenue in that azea gets about 22,000; Minnehaha gets
about 1,500 vehicles per day.
Commissioner Gordon asked Mr. O'Neil if the Planning Commission approved this site plan
with staff recommendations, would the approval also apply to the already existing building on
this site (the Dawes building). Mr. O'Neil replied that it would not. Commissioner Gordon
• asked if this site plan were dealing with only these two buildings. Mr. O'Neil replied that it was.
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Commissioner Mazdell asked Mr. Trooien about the mazket they were Iooking for in building
these buildings. To him, it seemed likely to be more in the micro-office wazehousing �
distriburion type of mazket. Mr. Trooien replied that JLT thinks there's a mazket for smaller bay
use, not heavy truck users. The lazge number of doors put into the design is to give JLT some
options.
Public Testimonv
1. Cheryl Haznmerlindl, 67Z North Fairview Avenue, addressed tfie Commission. She said that
providing that condirions to limit truck traffic, provide safety, and address concems and preserve
the quality of the neighborhood, this is possibly an acceptable development. One of her major
concerns is the increased number of dock doors added to the original plan. There being no
restrictions on the e�sting companies in the neighborhood is a difficuit problem for the
neighborhood because all of the things that Mr. O'Neil explained aze along Fairview, Prior, and
Pierce Butler, have led to difficulties in the community. The fact that the Midway area is a
junction between Saint Paul and Minneapolis has led to the over saturation of iruck related
bus➢nesses in this very small residential area. She asked the Planning Commission to take that
into consideration. Decisions that have been made about development in the city forry years ago
affect this neighborhood today. Decisions that are made today about development will affect
this neighborhood for at least forty more years. Both Minnehaha and Fairview have traffic and
pazking pmblems. The neighborhood hopes to meet with the Public Works Department and the
Police Department to resolve some of the issues and reduce any negative affects that more or
new traffic would have on the azea. Neighbors and members of the district council met with Mr.
Trooien on September 8, and came away hopeful that Mr. Trooien will continue to be willing to
address the community's concems. The community is interested in talking further with Mr.
Trooien about altemative development for this property. The community respects Mr. Trooien's �
right to develop this properry as long as iYs compatible with the neighborhood and does not have
a negative affect on the quality of life for this area of residents.
Chair Morton asked if commissioners had any quesrions for the Public Works' engineers.
Commissioner Gordon asked Mr. Shetka if he had any sense about what would be excessive
truck traffic, the point at which the level of truck traffic would unreasonably, substantially,
adversely impact on the surrounding neighborhood. He noted thaY was a difficult question to
quantify or qualify. If trucks would come in a convoy to load/unload at 33 docks, it certainly
would present a probletn for any particulaz place. Normally, in azeas where there is heavy truck
traffic, it's distributed throughout the work day, which does not lend itself to a problem.
Occasionally, there may be some congestion and some noise, but congesrion and noise, in and of
themselves do not create an unsafe condition. In fact, it may ha�e the opposite affect by
congesting a street—slowing down and calming tr�c. This is a question that really cannot be
responded to until there aze numbers and volumes to be analyzed.
Commissioner Nowlin asked Mr. Shetka to talk about the existing tr�c volumes. Mr. Shetka
replied that Fairview is about 7,600 and Prior is about 4,100. He added that these are noY
excessive volumes. Sh�eets like Cretin Avenue neaz St. Thomas carries about 16,000 vehicles
per day; Snelling has about 48,000 vehicles per day. Commissioner Nowlin asked where the
majority of truck tra�c from this azea would e�t Mr. Shetka responded that depends on their
origin and destination.
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2. James Turkowski, 1861 Englewood Avenue, addressed the Commission. He pointed out that
• the proposed building at Minnehaha and Prior has no setbacks indicated, which will create a
blind comer on the southeast corner, like the cunent building across the street produces. This
will make tuming north or south onto Prior from Minnehaha dangerous. Also, traffic heading
north on Prior will not be able to see traffic that is approaching from the west on Minnehaha_
The second concern is that the truck docks increased from seven to 33, which appears to be a
shift from wazehouse/office buildings to a major trucking facility, one that is even lazger that the
eazlier one proposed along Fairview, a proposal that was only approved after critical conditions
were placed on it by the City Council.
3. Roberta Mackin, 1804 Englewood Avenue, addressed the Commission. She explained that
the reason the neighborhood has gathered together and has 70 people on their call list is because
they don't want their neighborhood to look like North Prior. If the City wants more housing,
then she thinks the industrial people aze going to have to accommodate it. She is concerned
about these proposed buildings that have no designated use abutted to a residential neighborhood
that has been azound a long time before Mr. Trooien bought the property. There ought to be new
restrictions and conditions. The neighborhood doesn't want any chemical waste products for
obvious reasons and no produce or meats that require refrigerated trucks, which need to be left
running producing more noise. The neighborhood would prefer office type buildings and there
should be no exit onto Fairview Avenue.
4. Kimberly Nightingale, 1689 Van Buren Avenue, addressed the Commission. She and her
husband own a duplex in the neighborhood. She noted that it is good that Mr. Trooien is
working with the community. It is also good to know that there will be no truck access onto
Fairview. The neighborhood is currently investing money into its homes and needs to be
� assured that residential properties will not be negarively impacted by JLT's plans. There aze
safety and pollution issues that the neighborhood is concerned about. There are approaumately
75 children in the area, and the neighborhood is concerned about keeping them safe from traffic
problems and pollution.
5. Ron Williams, 779 Clayland Street, addressed the Commission representing the Sierra Club.
In the Sierra Club's view, truck tezminals aze illegal because they violate the City's Zoning
Ordinance, the 1983 Land Use Plan, the 1999 Land Use Plan, the City Noise Ordinance and the
1980 District 1 I Plan. The Siema Club is not saying that Mr. Trooien has no right to develop his
property for a light industrial use and that they expect the land should be turned into a wetland.
It hopes that he will fmd a use that is compatible with the neighborhood. The Zoning Code for
the City of Saint Paul says that the intent of the I-1 Indush�ial District is "to primazily
accommodate wholesale and warehouse activities and indush operations whose external
physical affects aze restricted to the azea of the district, and in no manner affect the surrounding
districts in a detrimental way." The code further states that new buildings in I-1 must conform
to specific uses including "wazehousing and hotel establislunents and trucking facilities." The
thrust of the Zoning Code here is to define permitted I-1 light industrial acrivity as that which
has no deleterious affects on the surrounding azea. The code sharply distinguishes I-1 from the
next industrial classification, I-2, by stating that I-2 is for certain "industrial operations whose
extemal affects will be felt in surrounding districts." Classification I-1 indicates that its
permitted uses aze restricted to those which have no adverse physical affects on neighboring
azeas. Trucking facilifies, along with other specified uses aze allowable only on locations where
they "in no manner affect the surrounding districts in a detrimentat way." The problem here is
• that the proposed buildings will have a substantial affect on neighborhood residents. A pertinent
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part of the 1980 Saint Paul Land Use Plan says "mixing the incompatible uses will create an
unsuccessful development. For example, uses which generate lazge volumes oftraffic, noise or •
air pollution cannot be combined with uses requiring quiet. This azea is only about 12 blocks
away from what in the past was the most au polluted site in Minnesota, Snelling and University.
The City has worked hazd to reduce air pollurion at this site. The introduction of these proposed
truck facilities threatens the air quality of tlus azea, a problem which should be studied. The
need for such a study is even more pressing now since we are now considering faciIities wifh tfie
capacity to serve 150-200 trucks per week, instead of the 45 per week for the southem most
terminal. The 1999 Land Use Plan is even more supportive than the 1980 Plan in protecting
residenrial neighborhoods from adjacent incompatible development. The Sierra Club
understands that the City of Saint Paul intends to prohibit addirional truck h facili6es in
Saint Pavl just a Roseville did some years ago and other azea municipalities have done. It makes
no sense for the City to establish a policy like this and then squeeze in more developments of the
sort that this policy prohibits. It is critical that the Saint Paul Planning Commission has
adequate environmental information in siting these site plans with serious possible affects on
adjoining neighborhoods. The State of Minnesota Environmental Rights Act states:
The Legislature Fmds and declazes that each person is enritled by right to tha protection,
preservarion and enhancement of air, water, land and other natural resources located within
the state and that each person has a responsibility to contribute to protection, preservation
and enhancement thereof.
Commissioner Gordon asked Mr. Williams if he would allow that some level of increased truck
traffic in connection with these proposed buildings would be compatible with the surrounding
neighborhoods and would not substan6a11y or unreasonably adversely affect the surrounding
neighborhoods. Mr. Williams replied that he would allow "some," He would hope that the �
Planning Commission would add some kind of limit so that the neighborhood wouldn't need to
be worried about it. Commissioner Gordon asked Mr. Williams what he would define as
"some"? Mr. Williams responded that he would follow the guide of the City Council and
prorate these facilities accordingly, about 30 more. A building with 15 loading docks, which has
been in place for a long time, is also in play here. That should be taken into consideration. 74
loading docks total wi11 now be the total number.
6. Any Hummel, 779 Clayland Street, addressed the Commission. She stated that the Zoning
Code states, "The Planning Commission shall consider and find that the site plan is consistent
with the city's adopted comprehensive plan and development of project plans for subazeas of the
city." The 1980 city Land Use Plan says, "Mixing incompatible uses will create an unsuccessfiil
development. For e�mple, uses which generate lazge volumes of iraffic, noise or air pollution
cannot be combined with uses requiring quiet " The proposed terminats aze on land abutting a
residential neighborhood immediately across an ordinary neighborhood street, not a highway or
truck route. These two new terminais, plus another e�sting terminal on this site, will provide a
total of 74 truck bays, The terminal buildiags themselves may partiaily reduce noise Ieveis to
homes directly opposite each terminal from noise sources directly behind each terminal. These
barriers, however would not prevent significant detrimental noise affects on adjacent houses up
and down Fairview and Minnehaha to either side of the houses that aze directly opposite. These
adjacent homes would remain in direct line of sight and therefore, in direct noise range, from
noises from trucks directly behind the terminai. Snnilazly, even the homes d'uectly opposite the
terminals would be adversely affected by noise originating anywhere on the site other than
directly behind the terminals, including not just truck engines at low speeds and idling, but stack �
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exhaust noise, engine rewing at start-up, back-up signals and au brakes. Given the lazge
• number of truck bays and the traffic capacity of the site, such noise should be expected to be
substantial, not to menrion considerable truck traffic noise at all hours along Fairview and
Minnehaha. If the Fairview entrance is permitted contrary to Commission and staff
recommendations, the proposal does not indicate that there would be less than round the clock,
7-day per week operation. Instantaneous noise levels from a'u brakes and repeated back-up
beepers will disturb neighborhood peace and quietude and will be severely disruptive to the
neighborhood. The noise evaluation submitted with the southemmost terminals proposal did not
include any actual measurements of individual truck noises, but relied instead on federal EPA
noise data from a division of the EPA that had been disfunct for neazly riventy years. This data
included only just the average noise level of truck engines idling and moving at 5 m.p.h. It did
not differentiate among types of ttucks or the age or mechanical condition of the trucks, nor did
it include noise ranges for start-up or rewing of engines, stack e�aust noise, air brakes or back-
up beeper signals. The City should require an actual test of noises from trucks of different types,
ages and conditions. Such a study should include not only fleet vehicles, but independently
owned and operated vehicles as well since these latter would be expected to vary quite a lot with
respect to noise. Noise will be particulazly troublesome in spring, summer and fall when
windows will be open for ventilation. Night time noise will interfere with sleep causing health
and safety problems for children, students, pazents, workers and other neighborhood residents.
The heavier daytune noise will also interfere with sleep for neighborhood shift workers, children
at nap time and those neighbors who aze ill. These trucking facility proposals in one of Saint
Paul's evermore scazce affordable housing neighborhoods nises critical environmental justice
issues, development issues of key importance to the city, and economic issues for the city's
employers as well as for workers and home owners and the banks that invest in ow mortgages
and home improvement loans. Over 400 neighbors signed a petition requesting an environ-
� mental assessment, including noise, air and visual pollution for the southemmost terminal alone.
As a violatlon of the zoning code and the city plan, approval of these rivo new trucking facilities
on Minnehaha would constitute a taking in temts of the quality of life in the neighborhood and
the inevitable subsequent decline in property values. Ms. Hummel therefore, respectfully
requested that the Planning Commission not approve the two new trucking terminal site
proposals. In behalf of the neighborhood, she also requested that the Planning Commission
order a noise study, including actual noise measutements to be performed by a consultant
acceptable to the neighbors as well as the developer, and directing all the noise sources and noise
related affects the neighbors have addressed
7. Leah Karlssen, 81 S Tatum Street North, addressed the Commission. She specifically
addressed the landscaping part of the plan. She works as a professional landscape horticulturist
and she has run her own business for nine years. The site plan's landscaping includes one row
of deciduous shrubs that grow to about 3 feet tall interspersed with an occasional deciduous
small tree that gows to about 15 feet tall. These buildings are about 27 feet tall. She made
some suggestions that might provide some noise mitigation, some air pollution mitigation as
well as being visually amactive. There's a 10-foot wide buffer between the buildings on the
edge the property. Accept at the corners where iYs desirable to keep vision free of obstruction,
the plants could be taller in conjunction with the buildings. The tallest ones could be 25 feet or
so. She suggested evergreens as part of the plan because they provide foliage all yeaz round.
She suggested also that plants and trees be planted more densely. In combination, all these
things could do more than provide a visual barrier; they could help with other concerns as well.
In addition, she suggested that something be put into the plan to ensure that the landscaping is
• indeed done upon completion of the buildings, and that it is maintained properly.
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8. Bob Volden, 1817 Van Buren, addressed the Commission. He lives right behind the grocer
on the corner of Fairview and Minnehaha. He helps out at the grocery store and spoke from the
viewpoint ofthe store. His concems aze safery issues and tfie quality of life in the neighborhood.
He thinks that these issues aze possibly threatened by the way this property might be developed.
He takes issue with the presentation of the general azea as presented by Mr. O'Neil. He has
lived in this neighborhood for the past six years. In this neighborhood are approximateIy 200
homes, and if they would be out in the azea at the end of the runway of the airport, it would cost
$16,000 for noise abatement, a federally funded prograni, for the cheapest house. It would cost
$60,000 for the most expensive house. The average house wou[d come to about $45,000.
Taking 200 homes mulriplied by $45,000 equals the potential threat to the quality of life down
the road. As Mr. O'Neil toured from University Avenue, up Aldine and passed McQueen
Trucking—that building is right on Thomas. Going westwazd from Aldine to Fairview, the
facilities are all pretty much sheltered. There activities aze back down offthe road and very few
houses face those buildings. McQueen Trucking itself has a lot of doors, but the main operation
is behind the building and under cover. IYs a very low activiry type of business and doesn't
seem to affect the quality of life too much. Banta Trucking comes and goes off Prior Avenue.
Only Bauer Bilt, the battery company, has any trucks going on and off Fairview. From
Minnehaha to Pierce Butler along Prior, iYs alt industriai, but there azen't any residences there.
The residences are all on the back side. You might say that all these listed companies—McQueen
Trucking, Banta Trucking, Bauer Bill—aze grandfathered-in. If JLT comes in and puts up a
whole bunch of docks, the minute they start operating, they aze grandfathered-in, and the
neighborhood has to live with them. Mr. Volden suggested that is way the City Council put
conditions on the Dawes site.
Mr. O'Neil asked that the Planning Commission approve the site plan in accordance with the
code, providing equality and concern for the neighbors by putting into effect the various stafF
recommendations that JLT Group has indicated they wouid agree with. He asked ihat the
Plauning Commission consider whether or not another noise study is needed since one has
already been done. He indicated that JLT Group will comply with any noise requirements of the
City.
MOTION: Commissioner Faricy moved that the public hearing be dosed and the site plan
be moved to Ihe 11'eighborhood Planning Commillee; Commi.ssioner Nordin seconded the
motion which carried unanimously on a voice vot�
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Zoniag Commii#ee�� �
#99-177 Pat Boemer - Special ec
on the west comer of Chestnut &
West 7" Street (Nancy Homans, :
use permiYfor shazed pazking at the Sandco pazking lot
;e for Patrick McGovem's pub and restaurant at 225
MOTION: Commissioner Gervais move��eperoval of the requested special condition use
permit with conditions for shared parking at the Sandco parking [ot on the west corner of
Chesmut and Exchange for P6trick McGovern's pr�b ¢nd restaurant at 225 West T" Sbeet
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Mr. Gervais explained that Planuing Commission
of them today.
Commissioner Geisser asked if Patrick McGovem really had 32
a substitute resolution in front
spaces. Ms. Homans
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PLANNING COMMISSION STAFF REPORT
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1. APPLICANT: JLT Group
2. ClASSIFICATION: Site Plan Review
DATE OF HEARING: 9/10/99
3. LOCATION: 645 Fairview Avenue (southwest camer of Minnehaha and FairviewJ
4. PLANNING DISTRICT: Hamline Midway Coalition (District 11)
5. LEGAL DESCRIPTION: See file
6. PRESENTZONING: I-1
7. STAFF INVESTIGATION AND REPORT:
ZONING CODE REFERENCE: 62.108(c)
DATE: 9/2/99 BY: Tom Beach
8. DATE RECEIVED: 7/29/99 DEADLINE FOR ACTION: 9/27/99
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A. PURPOSE: Site plan review for a new office/warehouse building.
B. PARCEL SIZE: The proposed buiiding and the paved area around it for trucks would be cover 1.8
acres. It would be focated at the northeast corner of a{arger piece of industriat property that runs from
Fairview to Prior on the south side of Minnehaha and covers 14.5 acres
C. EXISTING LAND USE: The site is paved. It is not currently used but was recently used to store
pickup trucks. There are hvo driveways on Fairview but the gates at these driveways are locked.
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. (Zo�ed
R-4, RT-1 and RM-2)
— The area west and south of the site is the rest of the JLT property and 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 Sec4ion H
below.
F. HISTORY: The larger industrial property where this site is located has been had industriai uses for
over 60 years. At one time Control Data was a major tenant. JLT bought the property about 3 years
ago and has been renovating tfie existing buildings.
Earlier this year JLT submitted a site plan for a trucking facility just south of where this building is
proposed. The Pianning Commission and City Council approved the site plan with a number of
conditions, including restrictions on hours of operation and the number of trucks. That decision was
vetoed by the Mayor but upheld by the City Council on a vote of 5-2. JLT has filed a lawsuit against
the City.
A. DISTRICT COUNCIL RECOMMENDATION: The Hamline Midway Coalition requested a public
hearing on this site plan. They have concems about truck traffic, noise and air pollution. They are aiso
concemed that the use of the buiiding has not been determined.
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H. FINDINGS:
1. The proposed building The plan shows an office/warehouse buiiding with 14 truck doors on
the south side of the building. The truck doors woutd face away from the residences to the nor[h �
across Minnehaha so that most of the impact of trucks using the doors would be screened by the
building. However, the doors would be visible to residents across the street on Fairview. The
site ptan shows a 6.5' privacy fence along Fairview south of the building to act as a visuat screen.
The buiiding would cover 29,800 square feet. It would be 360' long on the side facing Minnehaha
and 80' deep (except for a small office projection ort the south side of the building. It would be 27'-
4" taii. The main access shown on the site plan would be from an existing driveway on Fairview
Avenue.
The building would be set back 10 feet from the property line along Minnehaha and Fairview. This
area would be landscaped. The privacy fence along Fairview would be set back 10 feet and this
area woutd be landscaped too.
2. Proposed operation JLT does not have tenants lined up for the building and is building it as a
"spec" buildirtg. This is a common arrartgement for this type of building. However, it has raised
questions among neighbors since they do not know how the building will be used, what the hours
will be, the number and types of trucks etc.
3. 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 cifys adopted comprehensive plan and developmenf or project plans forsub-areas of the
city.
The City's recently adopted Land Use Plan supports "compatible mixed use". It also says the �
City should °consider altematives s�ch as special restrictiorts ort targe trucking frrms.° The
site plan is compatible with the adjacent residen6al neighborhood ff conditions are placed on
the approval that minimize the impact on the nearby residential neighborhood, including truck
traffic, noise, light and the visual impact of this large building.
(b) Applica6le ordinances of the City of Saint Paul.
Office/warehouses are a permitted use in an I-1 zoning district
There is a question about whether the noise from Vucks would exceed the maximum levels
estabiished in the City's noise ordinance. The impact of the Vuck noise on the residences to
the north across Minnehaha would be reduced because the truck doors would be located on
the south side of the building and so the building, which would be almost over 27' high, would
act as a sound barrier. However, noise could be a problem for residences across the
Fairview to the east Therefore, staff recommends that a noise study be done to determine 'rf
additional mitigation is needed to meet ihese noise limits.
There is also a question about whether Fairview Avenue can be used as a truck route. When
the City Council approved the site plan for Dawes Trucking ihey said Dawes could not ase
Fairview but that the City would consider allowing trucks to use Fairview if it was for a use that
generated a low amount of truck Vaffic.
(c) Preservation of unique geologiq geographic or historically significant characteristics of the city
and environmentafly sensitive areas.
The site plan is consistent with this finding. The site is a paved parking lot on industrial •
property.
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The neighborhood has environmental concems about air pollution from existing truck traffic
on the site and the additional traffic that this facility would generate. However, the Minnesota
Pollution Control Agency told staff that a facility this size does not require any review by their
office and shoutd not pose any environmental hazzards for the area.
(d) ProtecSon of adjacent and neighboring properties through reasonable provision for such
mafters as surface wate� drainage, sound and sight 6uffers, preservation of views, light and
air, and those aspects of design which may have substan6al effects on neighboring land uses.
The site pian is consistent with this finding 'rf conditions are piaced on the approvat that
minimizes the impact on the nearby residential neighborhood, inciuding truck traffic, noise,
light and the visuai impact of this large building.
(e) The anangement 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 consistent with this finding if conditions are placed on the approval that
minimizes the impact on the nearby residential neighborhood, including truck traffic, noise,
light and the visual impact of this large building.
(fl Creation ofenergy-conserving design through landscaping and location, orientaYion and
elevation of structures.
The site plan meets current standards for energy conservation and is consistent with this
finding.
(g) Safety and convenience of both vehicular and pedestrian tra�c both within the sife and in
relation to access streets, including traffiC circula6on features, the locations and design of
entrances and exits and parking areas within the site.
(Staff had not heard from Public Works Traffic Engineering on traffic safety at the time this
report was written. Their response wiii be presented at the public hearing.)
(h) The satisfactory availability and capacity of storm and sanitary sewers, including solutions to
any drainage problems in the area of the development.
The site pian is consistent with this finding.
(i) S�cient landscaping, fences, walls and parking necessary to meet the above objectives.
The site plan is consistent with this finding if:
- Additional landscaping is provided on the north and east sides of the site where it would
face the residential neighborhood across Minnehaha and Fairview.
- Sound mitigation measures are instalied if needed to meet the standards of the City's
noise ordinance.
Q) Sfte accessibility in accordance with fhe provisions of the Americans with Disabilities Act
(ADA), including parking spaces, passengerloading zones and accessible routes.
The site ptan is consistent with this finding.
(k) Provision for erosion and sediment control as spec�ed in the "Ramsey Erosion Sediment
and Control Handbook."
The site plan is consistent with this finding.
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I. STAFF RECQMMENDATiON: 8ased on findings 1-3, staff recommends that fhe site plan be
approved subject to the conditions listed below. These conditions are intended to minimize the impact
of the building on the nearby residential neighborhood, including truck traffic, noise, light and the visual
impact of the large buiiding, •
1. 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 buiiding. Truck traffic may not use Minnehaha Avenue or
Fairview Avenue. The iwo existing 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 negatively impact the adjacent residential neighborhood, the City
would consider permitting reopening driveways to Fairview for these uses as long as this
office/warehouse building did not have access to Fairview. Reopening driveways shall be by permit
2. Noise analysis and noise mitigation A noise analysis must be done by an acoustical engineer.
The acoustica! engineer will be one agreed to by both the City and the appticant The anatysis will
determine the levei of noise that could 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 constructed fo ensure fhat the facilify conforms to
City noise regulations. Such sound mitigation measures must be in place prior to operations. If
another building wiil serve as a sound barrier, the walls must be substantially complete prior to
opera5ons.
In addition, any public address systems must be constructed and configured to minimize public
address noise from adjacent residential neighborhoods. 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 residentiai areas.
3. Truck parking Trucks may not stop or park on Fairview, Minnehaha or other nearby residential
streets. Public Works�arf post signs where needed to help enforce this. �
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4. Lighting Exterior lighting for the facility must be aimed and shielded to minimize glare light and
light spill over on to adjacent residentia! property.
5. Setbacks and landscaping The setbacks on Minnehaha and Fairview must be planted an Z$•
maintained with ptant materiai approved by site ptan staff and which wili grow at leasf 15 t tall when
mature in order to form a continuous row along the entire north and east sides of the building.
Addifionat tandscaping must be planted around the perimeter of the site wherever noise barriers or
visual screens are required. The noise barriers or visual screens must be setback 10' from the
property Iine to provide adequate room for landscaping. The existing chain link fence in these areas
must be removed.
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PLANNING COMMISSION STAFF REPORT
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1. APPLICANT: JLT Group
DATE OF HEARING: 9l10199
2. CLASSIFICATION: Site Plan Review
3. LOCATION: 625 Prior Avenue (south � comer of Prior and Minnehaha)
4. PIANNING DISTRICT: Hamiine Midway Coatition (District'11)
5. LEGAL DESCRIPTION: See file
6. PRESENTZONING: 1-1
7. STAFF INVES7IGATION AND REPORT:
ZONING CODE REFERENCE: 62.108(c)
DATE: 9/2/99 BY: Tom Beach
8. DATE RECEIVED: 7l29/99 DEADLINE FOR ACTION: 9/27/99
A. PURPOSE: Site plan review for a new office/warehouse buiiding.
B. PARCEL SIZE: The proposed building and the paved area around it for trucks would cover 1.8
acres. It would be located at the northwest corner 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 site is paved but is not currently used. Access to the site is from a
driveway on Prior Avenue.
The rest of the property has a variety of offices and industrial uses and parking. The main building on
the site has approximately 15 loading docks on the south (back) side.
D. SURROUNDING LAND USE:
— The area north of the site (across Minnehaha) is residentiai. (Zoned R-4, RT-1 and RM-2)
— The area west of the site (across Prior) is industrial. (Zoned I-1)
— The area east and south of the site is the rest of the JLT property and 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 larger industrial proper(y where this site is located 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 buiidings.
Earlier this year JLT submitted a site plan for a trucking tacility at the east end of the property. The
Planning Commission and City Council approved the site plan with a number of conditions, including
restrictions on hours of operation and the number of trucks. That decision was vetoed by the Mayor
but upheld by the City Council on a vote of 5-2. JLT has filed a lawsuit against the City.
A. DISTRICT COUNCIL RECOMMENDATION: The Hamiine Midway Coalition requested a public
hearing on this site plan. They have concems about truck traffic, noise and air pollution. They are
also concemed that the use of the proposed building has not been determined.
�I
H. FINDtNGS:
'I. The proposed building The plan shows an o�celwarehouse buiiding with 19 truck doors.
These doors would be on the south side of the buiiding, so they wouid be screened from the �
residences to the north across Minnehaha. The doors would be visible from the industrial
property to the west across Prior. The doors would be screened from the east and south by other
existing industriai buildings on the property.
The building would cover 33,946 square ieet. li would be 360' long on fhe side facing Minnehaha
and 80' deep (except for an office area that wouid project from the south face of the buiiding). It
would be 29'-4" tall. The main access would be from an existing driveway on Prior Avenue
aithougb a car or iruck could reach the buiiding using an exisfing driveway on Minnehaha.
The buiiding wouid be set back 10 feet from the property line along Minnehaha. This area would
be landscaped.
2. Proposed operation JLT does not have tenants lined up for the building and is buiiding if as a
"spec" buiiding. This is a common arrangement for this type of building. However, it has raised
questions among neighbors since they do not know how the building wi11 be used, what the hours
will be, the number and types of Vucks etc.
3. 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 Yhe site plan is consistent with" the
following:
(a) The city's adopted comprehensive plan and developmentorprojectplans forsub-areas offhe
city.
The City's recently adopted Land Use Plan supports "crompatibte mixed use". It afso says the �
City shouid "consider altematives such as special restrictions on large trucking firms.' The
site pian is compatibie with the adjacent residential neighborhood if conditions are placed on
the approval Yhat minimize the impact on the nearby residential neighborhood, including truck
traffic, noise, light and the visuat impact of this large buiiding.
(b) Applicable o�dinances of the City of Sainf Paul.
O�ce/warehouses are a permitted use in an I-1 zoning district.
There is a question about whether the noise from trucks would exceed the maximum Ievels
estabiished in the City's noise ordinance. The impact of the truck noise on fhe residentiai
neighborhood wouid be reduced because the truck doors would be located on the south side
of the building and so the buiiding, which would be aimost 30' high, would act as a sound
barrier. However, staff recommends that a noise study be done to determine if arty additional
mitigation is needed to meet these noise Iimits.
(c) Preservationoiuniquegeologic,geographico�histaicallysign�cantcha2cterrsticsoffhecify
and environmentalfy sensifive areas.
The site plan is consistent wifh this finding. The site is a paved parking fot on industrial
property.
The neighborhood has environmentai concems about air pollution from existing truck traffic
on the site and the additional traffic that this facility would generate. However, the Minnesota
Pollution Controi Agency told staff that this a facility this size does not require any review by .
their office and should not pose any environmentai hazzards for the area.
(d) Protection of adjacent and neigh6oring properties through reasonable provision forsuch
ma(ters as surface water d2inage, sound and sighi buffers, preservation of views, light and
� �
c�-yl3
air, and those aspects of design which may have substantial effects on neighboring land uses.
The site plan is consistent with this finding if conditions are placed on the approval that
. minimizes the impact on the nearby residential neighborhood, including truck Vaffic, noise,
tight and the visual impact of this 4arge building.
(e) The arrangement of buiidings, uses and facilities of the proposed deve%pment in order fo
assure abutting propeRy and/or its occupants will not be unreasonabiy aSected.
The site plan is consistent with this finding if truck traffic is restricted to Prior Avenue.
(� Creation of energy-conserving design fhruugh landscaping and locafion, orientation and
elevation of strvctures.
The site plan meets current standards for energy conservation and is consistent with this
finding.
(g) Safety and convenience of both vehicular and pedesfrian tra�c both within the siEe and in
relation fo access sfreefs, including tra�c circulafion features, the locations and design of
entrances and exits and parking areas wifhin the site.
The site pian is consistent with this finding if aii Wck fraffic uses Prior Avenue and a physical
barrier is constructed on the site to ensure that truck traffic does not use Minnehaha Avenue.
(h) The satisfactory availa6ility and capacity of storm and sanitary sewers, induding solutions to
any drainage probiems in fhe a�ea of fhe development.
The site plan is consistent with this finding.
. (i) Su�cient landscaping, fences, wa1/s and parking necessary to meet the above objec6ves.
The site plan is consistent with this finding if:
- Additional fandscaping is provided on the north side of the buiiding where is would face
the residentiai neighborhood across Minnehaha.
- Sound mitigation measures are installed if needed to meet the standards of the City's
noise ordinance.
Q) Site accessibility in acco�dance with the provisions of the Americans wifh Disabilities Act
(ADA), including parking spaces, passenger loading zones and accessib/e routes.
The site plan is consistent with this finding.
(k) Provision for erosion and sediment contro! as spec�ed in the "Ramsey Erosion Sediment
and Control Handbook"
The site plan is consistent with this finding.
I. STAFF RECOMMENDATION: Based on findings 1-3, staff recommends that the site plan be
approved subject to the conditions listed below. These conditions are intended to minimize the impact
of the building on the nearby residential neighborhood, inciuding truck traffic, noise, light and the visuai
impact of the building.
1. Driveways All truck tra�c to this facility must use the driveways on Prior Avenue. Truck traffic
may not use Minnehaha Avenue or Fairview Avenue. A physical barrier must be constructed on
• the site to ensure that truck Vaffic to this building do not use Minnehaha Avenue.
2. Noise analysis and noise mitigation A noise analysis must be done by an acousticai
engineer. The acousticai engineer will be one agreed to by both the City and the applicant. The
�3
analysis will determine the level of noise that could be anticipated from the facility. if the noise
analysis indicates that the facility without noise mitigation measures will exceed Ieveis permitted
under City noise regulations, sound mitigation measures must be construcYed to ensure that the
facility conforms to City noise reguiations. Such sound mitigation measures must be in place prior •
to operations. If anotfier building will serve as a sound barrier, the wal�s must be substantialiy
complete prior to operetions.
In addition, any pubiic address systems must be constructed and configured to minimize public
address noise from adjacent residentiai neighborhoods. My mechanicai ey,:ipment not
specificaliy analyzed must be construMed and configured to comply with the most restrictive
applicable state or municipal noise standard in order to protect adjacent residential areas.
3. Truck parking Trucks may not stop or park on Fairview, Minnehaha or other neart�y residential
streets. Pubiic Works should post signs where needed to help enforce this.
4. Lighting Exterior lighting for the facility must be aimed and shieided to minimize glare light and
light spill over on to adjacenf residentiai property.
5. Setbacks and landscaping The setback on Minnehaha must be pianted and maintained with
plant materiai approved by site plan staff and which will grow at least 15 feet Yall when mature in
order to form a continuous row along the entire north and east sides of the buiiding.
Additional landscaping must be pianted around the perimeter of the site wherever noise barriers
or visuai screens are required. The noise barriers or visuai screens must be setback 10' from the
property line to provide adequate room for landscaping. The existing chain link fence in these
areas must be removed.
•
•
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.
00-�/3
� HAMLINE MIDWAY COALIT
ION
Hamline Park Building � 1564 Lafond Avenue, Saint Paul DL\ »10�t � 6>1-646-1986 • Fas 6>1-641-6133 � districtl I@gofastnet
August 18,1999
Gladys Morton, Chairperson
St. Paul Planning Commission
15 West Kellogg Boulevard
St. Paul MN 55102
Dear Ms. Morton:
The Hamline Midway Coalition, on behalf of neighbors living near Minnehaha,
Fairview and Prior Avenues, requests that the St. Paul Planning Commission hold a
public hearing on two site plans recently submitted by the JLT Company for
office/warehouse buildings: one located at the corner of Minnehaha and Prior
Avenues (July 28, 1999 submission); and, a second located at Minnehaha and
Fairview Quly 30, 1999 submission).
� Neighbors have voiced numerous concerns about these site plans, which are the
bases of our request for a public hearing. Most concerns pertain to both proposals,
namely: -
1) The hours of operation at these proposed facilities and truck access to the lots
after business hours are not known.
2) The anticipated levels of truck traffic, truck idling and resulting noise and
pollution are not known.
3) The use of the proposed warehouses is not known., While storage for most
materials would not raise concerns among neighbors, the possibility of certain
materials such as hazardous, chemical or medical waste, fresh foods (produce,
_^.�eats, fish) znd other items d� presen: concerns.
4) The architectural structure of the proposed sites, especially the very tall, long,
windowless facades along Minnehaha Avenue, would be incompatible with the
residential neighborhood across the street and beyond.
5) The site plans raise additional concerns about traffic safety, specifically:
a) The proposed office/warehouse proposed at Minnehaha and Prior Avenues
is not set back from Prior Avenue and may well create a blind corner for
vehicles traveling west on Minnehaha (as is presently the case on the north
side of that intersection); and,
b) The proposed office/warehouse at Minnehaha and Fairview provides for
trucks to enter and leave the site on Fairview Avenue, directly across the
• street from homes. That arrangement would present a safety hazard,
one of two
Dediarterl to m�rking lhe Hc�mlif�e Alidz��c�g� neid{�borboocl r� better plaee !o lire rrnd uork.
�rv.�dedp:µr- IV�orynw�min�mrxu�e
�
Ms. Gladys Morton
August 18, 1998
Page 2
re: Request for Public Hearing
JLT Company Site Plans
especially for children, and compound the present traffic difficulties in that
area, such as blocked traffic from large trucks moving on and off these heavily
traveled streets and common icy conditions in the winter time (from constant
trafiic fiow fhat pacics "tne snow uefore ic can be ,r remasedj.
We believe that our community members' outstanding questions and concerns
warrant fuller public discussion before by the Planning Comnussion and action by
that body to address them. We look forward to hearing from you concerning this
request. Please contact me or Cathy Lue, HMC community organizer, at (651) 646-
1986.
Sincerely,
7Li � �� f�� `�
Jo i M. Bantley
Executive Director
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JAY BENANAV
Councilmember
February 23, 2000
TO:
PR:
i'i�
CITY OF SAIi� T PAUL
OFFICE OF THE CITY COUNCIL
31Q CIIY HALL
IS WEST KELLOGG BOliLEVARD
SAII�'T PAL'L, MN 55102-1615
PHONE: (651) 266-8640 FAX: (6�1) 266-8574
Council President Bostrom
Councilmembers
Jay Benanav, Councilmember, Ward 4
JLT/HMC Compromise
Attached please find the resolution I will present today, detailing the compromise
reached by the JLT Group and the Hamline Midway Coalition, Council File Nos. 99-299
and 99-300.
Piease contact my office if you have any questions. Thank you for your
consideration.
Attachment
5�66
Pnnted on Recycled Paper
�-yt 3
City Council Resolution
Definitions:
a. Tractor-trailer door. A door that is approxnnately 48" from the grade level.
This type of door can accommodate some 24' and 30' straight trucks as well
as 18-wheel "over the road" tractor-trailer trucks.
b. Drive-in door. A door that is on grade level to accommodate vehicles
entering the building. It would not be used to accommodate tractor-trailer
vehicles.
c. Other dock doors. A door that is less than 48" from grade level (typically
30"). This type of door accommodates delivery vehicles that aze smaller
than tractor-trailer vehicles. These types of vehicles are typically local
delivery vehicles or "UPS" type trucks.
2. Revision to site plan. The building on the southwest corner of Minnehaha and
Fairvew will have a maximum of seven tractor trailer doors and six drive-in/other
doors. The building on the southeast corner of Minnehaha and Prior will have a
maximum of seven tractor-trailer doors and 12 drive-in/other doors. The building
on Fairview (formerly known as "Dawes Building") will have a ma�mum of 12
tractor-trailer doors and 12 drive-in/other doors. Only drive-in doors will be
permitted on the north side of the Fairview building (formerly known as "Dawes
Building").
3. Use of property. JLT Group agrees to use reasonable efforts to lease the
buildings to low intensity users, such as office/wazehouse. JLT will not lease the
buildings to tenants whose primary activity involves the creation or storage of
to�cic or hazardous chemicals. Any occupants of the buildings must comply with
current laws and regulations regarding the storage of hazardous materials. No more
than 8,000 square feet of the site (all three buildings) may be served by hucks
using refrigeration units.
4. Driveways. Ail tractor-trailer truck and city truck traffic to buildings on Fairview
must use the driveways on Prior Avenue. AII tractor-trailer truck and city truck
traffic to the building on Minnehaha and Prior shall use the north driveway on
Prior south of Minnehaha Avenue.
The entrances on Fairvew and Minnehaha are intended for use by private
passenger vehicles and commercial vehicles the size of a UPS delivery van or
smaller. Therefore these entrances will be limited to vehicles no taller than 12' and
cb-y�3
no longer than 26'. To ensure compliance with this requirement, these entrances
must have a permanent overhead baz no higher ihan 12' above grade and shall be
constructed with a median and to a width that will ensure that trucks no longer
than 26' can enter.
JLT and the Hamline-Midway Coalition shall join together with their best efforts
to have the city restrict tractor-trailer truck and city truck traffic on Fairview and
Minnehaha avenues.
5. Hours. At the two buildings on Fairview, no trucks may enter the premises or be
allowed to idle on the premises before 6 a.m. or after 9 p.m. on weekdays and
before 8 a.m. and after 6 p.m. on Saturdays. JLT also shall not lease these two
buildings to tenants who regulazly require truck deliveries on Sundays.
6. Idling. At the two buildings on Fairview, and at the building on Minnehaha and
Prior, truck engines must be turned off whenever trucks aze parked at the door or
on site waiting for more than 30 minutes to load or unload at the dock. A sign must
be posted with this requirement, stating that trucks may not idle more than 30
minutes.
7. Truck Parking. Trucks may not stop or park on Fairview, Minnehaha or other
nearby residential streets. The Saint Paul Department of Public Works will post
signs where needed to help enforce this.
8. Noise analysis and noise mitigation. JLT will not allow any public address
systems on the site.
JLT will conshuct a 12-foot wood barrier on Fairview Avenue between the
buildings facing Fairview Avenue and south of the Dawes building on Fairview,
except across entrances to the site.
JLT shali also install a 6-8 foot wood barrier along Minnehaha between buiidings
and entrances. Because of the e�sting building, the Arthritis Foundation, and the
landscaping around it, the fence will run from the western edge of the building at
the Minnehaha and Fairview and run ta the driveway following the current fence
line. It shall begin again at the western edge of the Arthritis Foundation building
and run to the eastern edge of the Prior and Minnehaha building.
9. Lighting. Exterior lighting for the facilities must be aimed and shielded to
minimize glaze light and light spill over on to adjacent residenual property.
rn--y�3
• 10. Setbacks and landscaping. Building and noise barrier setbacks of at least 10 feet
� as-aze required along Minnehaha and Fairview, except for the 6-8' wood barrier
provided for in Pazagraph 8. These setbacks must be planted and maintained with
plant material approved by site plan staff and which will grow at least 15 to 25 feet
tall when mature in order to form a continuous row along the entire sides of the
buildings and visual barriers facing Minnehaha and Fairview. The existing chain
link fence in these azeas must be removed. The height of the wood barrier fence on
Minnehaha shall be measured from the adjacent street grade level.
11. Safety. JLT and the Hamline Midway Coalition shall join together with their best
efforts to work with the City of Saint Paul to install a three-way stop on the
intersection of Prior and Minnehaha, or an altemative solution that might be
proposed by the City of Saint Paul Public Works Department to control the blind
corner. Public Works requires a resolution to this effect to be passed by the boazd
of directors of the Hamline Midway Coalition.
12. Additional Review. At the request of the Hamline Midway Coalition, which may
occur not more than once in any calendaz year, the Saint Paul Office of Licensing
Inspections and Environmental Protection shall undertake a review of the site to
ensure compliance with these restrictions.
13. Dismissal of litigation. The resolution is being enacted with the consent of JLT
Group and in consideration for this enactment, JLT shall dismiss the matter of
Hiawatha Acquisitions, LLC d/b/a JLT Group, Inc. v. City of St. Paul, venued in
Ramsey County District Court with prejudice. It further agrees that , should this
City Council Resolution be adopted into law, the restrictions enumerated herein
shall apply to the Fairview Building (formerly known as Dawes).
2/23/00
�,
.�
7 �. zm�
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JAY BENANAV
Councilmember
February 23, 2000
TO:
FR:
�
CITY OF SAINT PAUI.
OFFICE OF THE CITY COUNCIL
310 CITY HALL
15 WEST KELLOGG BOliLEVARD
SAINl" PAUL, MN 5�102-I615
PHONE: (651) 266-8640 FAX: (651) 266-8574
Council President Bosirom
Councilmembers
Jay Benanav, Councilmember, Ward 4
JLT/HMC Compromise
Gb-�!/3
Attached please find the resolution I will present today, detailing the compromise
reached by the JLT Group and the Hamline Midway Coalition, Council File Nos. 99-299
and 99-300.
Please contact my office if you have any questions. Thank you for your
consideration.
Attachment
5�66
Pnmed on RecyNed Papa
o0-�!!3
City Council Resolution
Definitions:
a. Tractor-trailer door. A door that is approxixnately 48" from the grade level.
This type of door can accommodate some 24' and 30' straight hucks as well
as 18-wheel "over the road" tractor-trailer trucks.
b. Drive-in door. A door that is on grade level to accommodate vehicles
entering the building. It would not be used to accommodate tractor-trailer
vehicles.
c. Other dock doors. A door that is less than 48" from grade level (typically
30"). This type of door accommodates delivery vehicles that aze smaller
than tractor-trailer vehicles. These types of vehicles are typically local
delivery vehicles or "UPS° type trucks.
2. Revision to site plan. The building on the southwest corner of Minnehaha and
Fairvew will have a maYimum of seven tractor trailer doors and six drive-iniother
doors. The building on the southeast comer of Minnehaha and Prior will have a
masimum of seven tractor-trailer doors and 12 drive-in/other doors. The building
on Fairview (formerly known as "Dawes Building") will have a maYimum of 12
tractor-trailer doors and 12 drive-in/other doors. Only drive-in doors will be
permitted on the north side of the Fairview building (formerly lrnown as "Dawes
Building"}.
Use of property. JLT Group agrees to use reasonable efforts to lease the
buildings to low intensity users, such as office/warehouse. JLT will not lease the
buildings to tenants whose primary activity involves the creation or storage of
to�c or hazardous chemicals. Any occupants of the buildings must comply with
curtent laws and regulations regarding the storage of hazardous materials. No more
than 8,000 square feet of the site (all three buildings) may be served by trucks
using refrigeration units.
4. Driveways. All tractor-trailer truck and city truck traffic to buildings on Fairview
must use the driveways on Prior Avenue. All tractor-trailer truck and city truck
traffic to the building on Minnehaha and Prior shall use the north driveway on
Prior south of Minnehaha Avenue.
The entrances on Fairvew and Minnehaha aze intended for use by private
passenger vehicles and commercial vehicles the size of a UPS delivery van or
smaller. Therefore these entrances will be limited to vehicles no taller than 12' and
c.�oo-��3
no longer than 26'. To ensure compliance with this requirement, these entrances
must have a permanent overhead baz no higher than 12' above grade and shall be
constructed with a median and to a width that will ensure that trucks no longer
than 26' can enter.
JLT and the Hamline-Midway Coalition shall join together with their best efforts
to have the city restrict tractor-trailer truck and city truck traffic on Fairview and
Minnehaha avenues.
5. Hours. At the two buildings on Fairview, no trucks may enter the premises or be
allowed to idle on the premises before 6 a.m. or after 9 p.m. on weekdays and
before 8 a.m. and after 6 p.m. on Saturdays. JLT also shall not lease these two
buildings to tenants who regularly require truck deliveries on Sundays.
6. Idling. At the two buildings on Fairview, and at the building on Minnehaha and
Prior, truck engines must be turned ofFwhenever trucks aze pazked at the door or
on site waiting for more than 30 minutes to load or unload at the dock. A sign must
be posted with this requirement, stating that trucks may not idle more than 30
minutes.
?. Truck Parking. Trucks may not stop or park on Fairview, Minnehaha or other
nearby residential streets. The Saint Paul Department of Public Works will post
signs where needed to help enforce this.
8. Noise analysis and noise mitigation. JLT will not allow any public address
systems on the site.
JLT will construct a 12-foot wood barrier on Fairview Avenue between the
buildings facing Fairview Avenue and south of the Dawes building on Fairview,
except across entrances to the site.
JLT shall also install a 6-8 foot wood barrier along Minnehaha between buildings
and entrances. Because of the existing buiiding, the Artluitis Foundation, and the
landscaping around it, the fence will run from the western edge of the building at
the Minnehaha and Fairview and run to the driveway following the current fence
line. It shall begin again at the western edge of the A.rthritis Foundation building
and run to the eastern edge of the Prior and Minnehaha building.
9. Lighting. Exterior lighting for the facilities must be aimed and shielded to
minimize glare light and light spiil over on to adjacent residential properry.
oo-y�3
10. Setbacks and landscaping. Building and noise barrier setbacks of at least 10 feet
agare required along Minnehaha and Fairview, except for the 6-8' wood barrier
provided for in Paragraph 8. These setbacks must be planted and maintained with
plant material approved by site plan staff and which will grow at least 15 to 25 feet
tall when mature in order to form a continuous row along the entire sides of the
buildings and visual barriers facing Minnehaha and Fairview. The e�sting chain
link fence in these areas must be removed. The height of the wood barrier fence on
Minnehaha shall be measured from the adjacent street grade level.
11. Safety. JLT and the Hamline Midway Coalition shall join together with their best
efforts to work with the City of Saint Paul to install a three-way stop on the
intersection of Prior and Minnehaha, or an alternative solution that might be
proposed by the City of Saint Paul Public Works Department to control the blind
corner. Public Works requires a resolution to this effect to be passed by the board
of directors of the Hamline Midway Coalition.
12. Additional Review. At the request of the Hamline Midway Coalition, which may
occur not more than once in any calendar year, the Saint Paul Office of Licensing
Inspections and Environmental Protection shall undertake a review of the site to
ensure compliance with these restrictions.
13. I7ismissal of litigation. The resolution is being enacted with the consent of JLT
Group and in consideration for this enactment, JLT shall dismiss the matter of
Hiawatha Acquisitions, LLC d/b/a JLT Group, Inc. v. City of St. Paul, venued in
Ramsey County District Court with prejudice. It further agrees that , should this
City Council Resolution be adopted into law, the restrictions enumerated herein
shall apply to the Fairview Building (formerly known as Dawes).
2/23/00
ao-y �3
f����l�� --
�
JLT is the applicant for site plan approval. Should go first, after staff report.
� �----�
3LT Side: appeals because it doesn't like 5 of the 8 conditions: (15 minutes) � Jr/a 1�
JLT Group - appeals five Plauving Commission (PC) conditions ���
1) drlveways - access limited to Prioz Ave I/� /Ov
2) hours - 10 pm to 7 am no deliveries
3) truck idling limitation �Z/g �00
4) noise study and mitigation y,/(� /00
5) further review by PC after one year for study of possible additional conditions
Hamline Midway (HMC) Side: appeals because it wants 4 more conditions: (15 minutes)
HMC - want 4 additional conditions
1) limit on truck doors
2) setback from Prior Ave
3) annual reviews by PC
4) prohibition of storage of chemicals, to�ns and refrigerated food
POSSIBLEALTERNATIVE MOTIONS (THERE MAYBE OTHERSZ
�
Motion to grant appeal of the HMC (and deny the appeal of JLT�, and to condition approval
of the present site plan application on the addition of one or more new conditions. The Council
finds that there was an error in one or more findings by the Planning Commission, in that .....*.....
(spell out what was wrong with the PC finding) ...
*PC did not give enough weight to the significant adverse impact of the proposed facility
on the neighborhood -
— the facility will substantially increase air pollution in the area and adversely
affect nearby residential properties;
— trucks wiil be entering the facility at all hours of day and night even when it is
not open, and the noise will be substantial;
— noise even during operating hours will be substantial and adversely affect
the surrounding residential uses;
— truck tr�c will use Fairview and enforcement efforts and conditions will not
be effective to stop that from happening;
— (others, if appropriate)
�J
of
�
>�i�l�y —
> �f�/bo -
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� Motion to�the appeal of JLT�and deny the appeal of HMC� to approve the site plan
with tl�rrfe�l� ch�es to the findings, conclusions and recommendations of the Plaxuung
\ Commission, oarticularly chan�es in one or more of the eight (8) eapress conditionsa�faHe�
1 ... (spell out the changes or additions to the conditions) ... �- �
- �a, d�.
the s�ilan and to adopt the
ORIGtNAI.
RESOLUTION
CITY OF SAINT PAUL, VIINNESOTA
Presented By
Referred To
lb
Committee: Date
2 WHEREAS, on July 29, 1999, Kurt Williamson on behalf of the properry owner
3 Hiawatha Acquisirions, LLC. and on bel�alf of JLT Group Inc. [hereinafter JLT] did, in Zoning
4 Files 99-212 and 99-216, make applications for site plan review pursuant to the provisions of
5 Saint Paul Legislative Code § 62.108 for the purpose of establishing two office/wazehouse
6 buildings in the vicinity of Fairview and Minnehaha (Zoning File 99-212) and Prior and
7 Minnehaha (Zoning File 99-216) the said sites legally described as noted in the above referenced
8 zoning files; and
9
10 WHEREAS, in a letter dated August 18, 1999, the Hamline-Midway Coalition
11 [hereinafter F3MC], on behalf of neighbors living in the vicinity of JLT's proposed building sites,
12 requested the Saint Paul Planning Commission [hereinafter Plamxing Coxnmission] to conduct a
13 public hearing on the site plan proposals submitted by JLT; and
14
15 WHEREAS, on September 10, 1999 the Planning Commission conducted a public
16 hearing on the said site plan applications and, at the close of the public hearing, referred the
17 matter to the Planning Commission's neighborhood planning committee for a report and
18 recommendation; and
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WHEREAS, on September 21, 1999, the neighborhood planning committee met to
discuss the site plan applications in light of the staff report and the testimony from the September
9, 1999 public hearing and moved to recommend approval of the two site plans subject to several
conditions; and
WHEREAS, on October 8, 1999, the Plamiing Commission received the neighborhood
planning committee's recommendation to approve the site plan applications and, after d'ascussion,
modified the committee's recommendations and moved to approve the site plan applications with
conditions, based upon the findings contained in Plaiviing Commission resolution 99-72,
adopted October 22, 1999, which shall be incorporated herein by reference; and
WIIEREAS, pursuant to the provisions of Saint Paul Legislative Code § 64.206, HMC,
on behalf of the neighbors living in the vicinity of JLT's proposed building sites, duly filed on
October 22, 1999 an appeal from the Planning Commissions October 22, 1999 decision to
approve the site plan applications and requested a hearing before the Saint Paul City Council
[hereinafter City Council] for the purpose of considering the actions taken by the said
commission; and
Council File # 00 + y13
GreenSheet# {o�qr'l�{
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2 WHEREAS, pursuant to the provisions of Saint Paul Legislative Code § 64.206, JLT,
3 duly filed on November 4, 1999 an appeal from the Plauniug Commissions October 22, 1999
4 decision to approve the site plans subject to conditions and requested a hearing before the City
5 Council for the purpose of considering the actions taken by the said commission; and
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WHEREAS, acting pursuant to Saint Paul Legislative Code § 64.206 through § 64.208
and upon notice to affected parties, the sepazate appeals of HMC and JLT were combined for a
public hearing before the City Council on December l, 1999; and
WHEREAS, the December 1, 1999 public hearing was laid over to December 8, 1999
and the December 8, 1999 public hearing was laid over to January 12, 2000 with the consent of
the appealing parties for the purposes of allowing the appealing parties the opportunity to meet
and discuss the mattez and to recommend new conditions or suggest modifications to the
conditions contained in Saint Paul Planning Commission Resolution 99-72; and
17 WHEREAS, on January 12, 2000 a public hearing was duly conducted where the parties
18 were given an opportunity to be heard and the matter was laid over again to January 19, 26,
19 February 2, 9, and 16, 2000 while the parties continued to meet; and
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WHEREAS, on February 23, 2000 the City Council, having received information that
the parties had reached a mutual agreement as to their respective appeal points and upon the
transmission of the terms of such agreement to the City Council, the City Council, acting
pursuant to the authority granted under Saint Paul Legislative Code § 64.20'7; DID
RESOLVE, to deny in all things the appeals of HMC and JLT and to affirm in all things
the site plan approvals contained in Planning Comxnission resolufion 99-72 and to adopt the said
resolution as its own herein by reference thereto except to the extent modified as noted below,
such modifications based upon the mutual agreements recommended by HMC and JLT; AND,
BE IT FURTHER 12ESOLVED, upon the mutual agreements as recommended by HMS and
JLT, that Planning Commission resolution 99-72 shall have the conditions of approval set forth
therein modified to read as follows:
` - (• i �� - - : :�-.-�.. - - .- - --..
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Page 2 of 6
0 0 -y.�3
0
a. Tractor-trailer door. A door that is approximately 48" from the erade level. This
type of door can accommodate some 24' and 30' straig.ht tnxcks as well as 18-
wheel "over the road" tractor-trailer trucks.
6 b. Drive-in door. A door that is on erade level to accommodate vehicles enterine the
7 building. It would not be used to accommodate tractor-trailer vehicles.
9 c. Other dock doors. A door that is less than 48" from ¢rade level ( ically 30"l.
10 This type of door accoxnmodates delivery vehicles that aze smaller than tractor-
I 1 trailer vehicles. These types of vehicles aze typically local defiverv vehicles or
12 "UP5" type trucks.
13
14 2. $surs Revision to site ulan•
15 . The
16 buildin¢ on the southwest corner of Minnehaha and Fairview will haue a maximum of
17 seven tractor trailer doors and six drive-in/other doors. The building on the southeast
18 corner of Minnehaha and Prior will have a maximum of seven tractor-trailer doors and 12
19 drive-in/other doors. The buildin�on Fairview (formerl�known as "Dawes Buildine"1
20 will have a masimuxn of 12 tractortrailer doors and 12 drive-in/other doors. Orily drive-
21 in doors will be permitted on the north side of the Fairview buildin�(formerlv known as
22 "Dawes Buildine"l.
23
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3. �xel�id�ing Use of �ro�.
dael� JLT Group asrees to use reasonable efforts to lease the buildings to low intensitv
users, such as office/wazehouse. JLT will not lease the buildings to tenants whose
vrimarv activitv involves the creation or storage of toxic or hazardous chemicals. Anv
occuoants of the buildings must complv with current laws and re2ulations regarding the
stora�e of hazardous materials. No mare than 8.000 squaze feet of the site (all three
buildin¢s) mav be served bv trucks usine refri¢eration units.
4. �rlrn►g Drivewavs. ,
�~� �-aas All tractar-trailer truck and city truck trafFic to buildin¢s on Fairview must
use the drivewavs on Prior Avenue. All tractor-trailer truck and city truck traffic to the
building on Minnehaha and Prior shall use the north drivewav on Prior south of
Minnehaha Avenue.
The entrances on Fairview and Minnehaha aze intended for use b�private roassenaer
vehicles and commercial vehicles the size of a UPS deliverv van or smaller. Therefore
these entrances will be limited to vehicles no taller than 12' and no longer than 26'. To
ensure compliance with this requirement, these entrances must have a permanent
overhead baz no hieher than 12' above erade and shall be conshucted with a median and
to a width that will ensure that trucks no lon�er than 26' can enter.
JLT and the Hamline-Midway Coalirion shall Zoin totether with their best efforts to have
the citv restrict tractor-trailex truck and citv truck traffic on Fairview and Minnehaha
avenues.
Page 3 of 6
ao -�. ��
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____ ____ _ __ _ _ _ _� '
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12 � >
13 .
14
15
16 . At the two buildings on Fairview, no trucks may enter the
17 Uremises or be allowed to idle on the�remises before 6 a m or after 9 p m. on weekda�
18 and before 8 a.m. and after 6 p.m. on Saturdays. JLT also sha11 not lease these two
19 buildines to tenants who re�ularly require huck deliveries on Sunda *�s.
20
21 6. �igh4ing- Idlina•
22 . Atthetwo
23 buildin¢s on Fairview, and at the buildin�on Minnehaha and Prior, truck engines must be
24 turned off whenever trucks are�azked at the door or on site wairine for more than 30
25 minutes to load or unload at the dock. A si�n must be posted with this requirement,
26 statine that hucks may not idle more than 30 minutes.
27
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: . . : : : ... : • . : :
.. : . � :�
. Trucks mav not stop or park on
Fairview Minnehaha or other neazbv residential streets. The Saint Paul Department of
Public Works will �ost siens where needed to help enfarce this.
i ' � � i � : - 1 . 1 . I 1 1 I I I 1 I - : � • i � - � � � •
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Page 4 of 6
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E�i• r:1y i a o i�+ �� w� �wY t�l➢•w
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,
. . :, , ��� - : . � : . :,. : . � : . � :. :
:, . . •• .. = .�,,. . . . : : . .., . ..
.. : �. = -. :,���...: : �.,... . � .� : .. : . ...:
JLT will not allow any_public address systems on the site.
JLT will construct a 12-foot wood barrier on Fairview Avenue between the buildin¢s
facin�Fairview Avenue and south of the Dawes buildine on Fauview exce�t across
entrances to the site.
JLT shall also install a 6-8 foot wood barrier alone Minnehaha between buildines and
entrances. Because of the existine buildine, the Arthritis Foundation, and the landscap�
azound it, the fence will run from the western edge of the building at the Minnehaha and
Fairview and run to the driveway followin¢ the current fence line. It shall begin again at
the western edge of the Arthritis Foundation buildine and run to the eastern ed�e of the
Prior and Minnehaha buildina.
LiEhfing. Exterior li�htin� for the facilities must be aimed and shielded to minimize
elaze li�ht and li h�t s�ill over on to adjacent residential propertv
10. Setbacks and landsca�ing. Buildine and noise barrier setbacks of at least 10 feet a�are
reauired alon�Minnehaha and Fairview, excerot for the 6-8' wood barrier provided far in
Pazaeraroh 8. These setbacks must be planted and maintained with plant material
ap�roved by site plan stafF and which will grow at least 15 to 25 feet tall when mature in
order to form a continuous row alon¢ the entire sides of the buildings and visual barriers
faci� Minnehaha and Fairview. The existine chain link fence in these areas must be
removed. The height of the wood barrier fence on Minnehaha sha11 be measured from the
adjacent street srade level.
11. Safet� JLT and the Hamline Midway Coalition shall join toeether with their best efForts
to work with the Citv of Saint Paul to install a three-wa�ro on the intersection of Prior
and Minnehaha, or an alternative solution that mieht be uronosed bxthe Citv of Saint
Paul Public Works Department to control the blind corner. Public Works requires a
resolurion to this effect to be passed by the boazd of directors of the Hamline MidwaY
Coalition.
12. Additional Review. At the request of the Hamline Midway Coalition, which mau occur
not more than once in anv calendar year, the Saint Paul Office of Licensing Inspections
and Environmental Protection shail undertake a review of the site to ensure compliance
with these restrictions.
13. Dismissal of lirigation. The resolution is beine enacted with the consent of JI,T Groun
and in consideration for this enaciment. JLT shall dismiss the matter of Hiawatha
Acquisitions, LLC d/b/a JLT Group, Inc. v. Citv of St. Paul, venued in Ramsev Countv
District Court with preiudice. It fiirther agrees that , should this CiTy Council Resoluflon
be ado�ted into law, the restrictions enumerated herein shall ap�ly to the Fairview
Building�formerlv lrnown as Dawesl.
Page 5 of 6
0 0 -�.�
AND, BE IT FiTRTHER RESOLVED, that all the other findings and conclusions set
forth in Plaiuung Commission resolution 99-72 remain in effect;
AND, BE IT FINALLY RESOLVED, that the city clerk shall mail copies of this
resolution to JLT and IIMC and deliver a copy to the Planning Comarission.
ORIGINAL
Requested by Department of:
By:
Form App by City Attomey
BY: l��G✓!/`��✓YV�"1 i �! f ��d
Approved by Mayor for Submission to Council
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/ / /
- • � •- 1 1 l� i I� ���
- _� �/�� iif L/. �
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Adopted by Council: Date �,������_000
Adoption Certified by Council S tary
oa -�,��
City Attorney
Peter Wazner 266-8710
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Apri121, 2000
GREEN SHEET
NO � Cv�i7�
TOTAL f OF SIGNATURE PAGES
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(CLJP ALL LOCATIONS FOR SIGNATUR�
Resolution memorializing the decision of the City Council on Febniary 23, 2000, denying the appeals of the
Hamline Midway Coalition and JLT Group and approving the site pian with changes to the findings,
conclusions and recommendations of the Plaiuring Commission.
Of
PLANNING COMMISSION
CIB COMMITfEE
CML SERVICE CAMMISSION
OF TRANSACTION
iSOW1L SERVICE CONTRACfS MUSf ANSWER THE FOLLOWING Q
NSS fhl5 PCROIdfifm C+Ef MOf�BC UM2f 8 CIXIfWC� (IX fh16 (1�12f1/IIEId'7
YES NO
Has this PeraoNfirm ever heen a cky emqoycel
YES NO
Daes fhis persaJfirm P� a sld9 not �wmWIYO�� M' �Y wrteM cdY emGbYce?
YES NO
k tltia P��Trm a tarpMed eendoYl .
YES NO
COST/REVRIUH BUDGETm (CIRCLE ON�
VES NO
SOURCE ACTNITYNUMBER
CIT'Y OF SAINT PAUL
Norm Coleman, Mayor
April 19, 2000
Nancy Anderson
Council Secretary
310 City Hall
15 West Kellogg Blvd.
St. Paul, MN 55102
Re: Appeal by HMG7LT
Zoning Resolution 99-72
City Council Motion to Deny: February 23, 2000
Dear Nancy:
OFFICE OF THE CITY ATTORNEY ��� y � 3
Clayton M. Robinson, Jr., CiryAnomey
Civil Division
400 City Hall Telephone: 651266-87I0
IiWestKelloggBlvd. Facsimile:651298-5679
Saint Paul, Minnesota 55102
Attached please find a signed Resolution memorializing the City Council's Motion to deny the
appeals by HMGJLT of a planning commission decision to approve subject to conditions the site
plan application of JLT for properry located in the vicinity of Fairview and Minnehaha and Prior
and Minnehaha. Please place this matter on the Council Consent Agenda for Apri127, 2000 or
the nea�t auailable date.
If you haue any questions, please don't hesitate to contact me.
Very truly yours,
�-�� v ��—_
Peter W. Warner
PWW/rmb
Enclosure
L:bie. �! 2�.'. 4s'� �
.�. � ' �� Ls��
OFFICE OF LICENSE, INSPECTiONS AND �
ENVII20NMENTAL PROTECTiON
Ro6e�t Kessler, Director
CTTY OF SAINT PAUL
Norm Coleman, M¢yor
November 5, 1999
Ms. Nancy Anderson
Ciry Council Reseazch Office
Room 310 City Hall
Saint Paul, MN 55102
B UIIDING 7NSPECITON AND
DE9GN
350 St Peter Street
Sidte 370
SainzPmd,Minnesara 55102-ISIO
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Dear Ms. Anderson:
I would like to confirm that a public hearing bef
December i, 1999 for the following zoning case
Appellants: Hamline Midway Coalit
File Numbers: 99-299 and 99-300
cb-yl3
3a
Telephane: 672-2Kr9007
Fatsinule: 612-266-9099
i � �
� �J
Purpose: To consider appeals by the Hamline Midway Coalition and 7LT Group of a
decision by the Plamung Commission to approve with conditions a site plan
submitted by JLT Group for two o�ce/wazehouse buildings.
Location: 1900 Minnehaha Avenue West (between Fairview and Prior)
I have confirnied this date with the office of Councilmember Benanav. My understanding is that this
public hearing request will appear on the agenda of the City Council at your earliest convenience and
that you wIll publish notice of the heazing in the Saint Paul Legal Ledger.
Please cail me at 651-266-9086 if you have any questions.
�'� �
s
Tom Beach
Zoning Section
� _ •�isrx,m,� —
� NOTICE ORPQBLIC HEARING
The Saint Paul City Council will
conduct a public hearing on Wednesday,
December 1, 1999, at5:30 p.m. in theCity
Council Chambers.111ird Floor, City Hall-
Coucthouse,toconsidertheappealsofthe
Hamline Midway� Coal3tion �and JLT
Group to a- decision� of the Planning
Commission to approve a site plan with
condltions for two office/warehouse
buildings at 1900 Minnehaha Avenue�
West. - -
Dated: November 8, 1999 � �
NANCY ANDER40N
eisstsLant City co,uicit secretary � _
� - (tqov.l0) , - , -
� 3'G.PADLIBGALLEDGER- ,
00 -�/3
OFFICE OF LICENSE, INSPF.CTIONS AND
ENVIILONMENTAL PROTECTION
Roben Kers(er, Direaor
CTTY OF SAINT PAUL
Norm Coleman, Mayor
November 18, 1999
Ms. Nancy Anderson
Secretary to the City Council
Room 310 City Hall
Saint Paul, Minnesota 55102
IAWRX PROFESIIONAL
BUIfDING
Suite 300
350 St. Peter Saeet
SaintPaul, Minnesota SSIO2-Z510
Telepleone: 612-2669090
Facsimile: 612-266-9099
612-266-9124
RE: Appeal of the Planning Commission's decision to appmve with conditions a site plan for
two o�ce/warehouse buildings proposed for the south side of Minnehaha between Fairview
and Prior
Public heazing at City Council scheduled for Wednesday, December 1, 1949
Zoning File 99-299
�
Dear Ms. Anderson:
THE PLANNING
APPROVED THE STTE PLAN WITH
On October 22 the Planning Commission approved the a site plan from the JLT Group for two
office/wazehouse buildings located south of Minnehaha between Fairview and Prior. The approval is
subject to 8 conditions intended to minimize the impact of truck noise and tr�c on the residential
neighborhood located across the street. These conditions:
— Prohibit trucks from entering the site from Fairview Avenue and require them to use Prior Avenue
— L'unit hours of operation
— Limit truck idling
— Prohibit truck pazking on neazby streets
— Require that the applicant pay for a noise study to determine if noise barriers are needed.
— Allow JLT to submit a revised site plan once tenants have been determined so that the Planning
Commission can consider modifying these conditions.
— Require a follow-up review by the Planning Commission not more than one yeaz afrer the buildings
have been issued a Certificate of Occupancy so that the Planning Commission can consider
modifying these conditions.
The Neighborhood and Current Planning Commission and LIEP staff recommended approval with
conditions.
At the public heating held on September 10, 8 people spoke in opposition and 4letters in opposition
were received.
•
APPEALS HAVE BEEN FII.ED BY THE APPLICANT AND'THE DISTRICT COUNCIL �
The applicant, 7LT Group, has appealed the conditions of the Planning Commission's approval. They
aze contesting conditions that would:
— Require trucks to use Prior Avenue
— Limit hours
— Limit truck idling
— Require noise analysis and mitigation
— Require one additional review after the buildings open
The Hamline Midway Coalition has also appealed the Planning Commission's decision to approve the
site plan. They aze requesting:
— The number of truck doors be limited to a 3 doors on one building and 4 doors on the other.
— A 10 foot buildiag setback along Prior Avenue
— Annual reviews for the buildings
— Specific prohibitions against storing chemicals, toxins and food that would require refrigerated
trucks.
A PUBLIC HEARING IS SCHEDULED FOR WEDNESDAY, DECEMBER 1
Please notify me if any member of the City Council wishes to have slides of the site presented at the
public hearing.
Sincerely,
' / ��
Tom Beach
ATTACHA4ENT5
page 1 Appeals from JLT Group and Hamline Midway Coalition
paga 4 Plaaning Commission resolution
page 11 Planning Commission minutes
page 27 StafFreports and recommendations
page 34 Letter from Hamline Midway requesting a public hearing
page 37 Locarion map and site plans
r1
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� �
>
LLS
NEILL
P.L.L P
Attorneys at Lau�
' Joseph T. O'I<eill
Perer H. Grills
Vuct�ael D. OTveill
Elizabeth I. Goodpaster
Judith L. Titcomb
Brian M. Meloy
Pa.ate
Leanne ?fi. Rogers
November 4, 1999
VIA COURIER
Department of Planning and Economic Development
Zoning Section
1100 City Hall Annex
25 West 4` Street
St. Paul, MN 55102
RE: Appeal of Planning Commission Decision
•,vam,rrea ,n w,��ons�n Regarding JLT Group Inc. Site Plans Nos.: 99-216 & 94-212
Planning Commission Resolution.
File No.: 99-72 Dated October 22,1999.
Dear Administrator:
�
Appellant: Appellant is JLT Group Inc., located at 739 Vandalia, St. Paul, MN,
55124.
Property Location: The properties subject to this Appeal are located at
Minnehaha and Prior and at Minnehaha and Fairview.
Type of Appeal: This is an Appeal to the City Council of a decision made by the
Planning Commission on October 22, 1999. The Appeal is pursuant to the
provisions of Chapter 64, Section 206 of the Zoning Code.
Grounds for Appeal: The Grounds for this appeal are as follows:
The following conditions imposed upon JLT by the Planning Condition constitute
an illegal and unconstitutional discrimination on the use of industrial proper[y by
JLT and similazly constitutes an unconstitutional taking of property by the City
without just compensation:
A. Driveways: All truck traffic to the Fairview building must use the
south driveway on Prior Avenue and proceed via the area south of the
main existing building. Truck traffic may not use Minnehaha Avenue or
Fairview Avenue. The two existing driveways on Fairview must be closed
`ivimnesota World Tcade Center
30 East Seventh Street
Saint Paul, Mmnesota 55101-4901
Phone: (651) 24&830�
Fax: (651) 298-1474
Internet: ogo@ogolaw.com
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 negatively
impact the adjacent residemial neighborhood, the City would consider permitting
reopening driveways to Fairview for these uses as long as this office/warehouse building
did not have access to Fairview. Reopening driveways sha11 be by permit.
All truck traffic to the Prior building must use the driveways on Prior Avenue. Truck
traffic may not use Minnehaha Avenue or Fairview Avenue. A physical bamer must be
maintained on the site to ensure that truck traffic to this building do not use Minnehaha
Avenue.
Tbe City's Public Works Department testified that additional h traffic on Fairview wonld not
pose a safety hazard in the area. As a result, the Planning Commission has no basis in fact on
which to impose such a restricrion.
B. Hours: No tractor trailer trucks may enter the premises or be allowed to idle on the
premises between 10 PM and 7 AM artd on weekends.
This restriction is discriminatory as it singles out 7LT's property, while other similarly situated
indushial landowners aze not required to adhere to such a restriction. Further, a study was
recently conducted for the proposed Dawes Facility, which concluded that truck idling on the site
would not vioIate the City's Noise Ordinance. There is no rationale in law, or in fact as shown
by David Braslau's study, for the discriminatory restrictions on truck idling. �
C. 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 the dock.
There is simply no evidence that has been provided that truck idling beyond fifteen (15) minutes
would adversely impact the environment. Common sense dictates that the impact will be
negligible, based upon the small number of vehicies that travel on Prior and Fairview as opposed
to other nearby streets. The City's Traffic Engineer testified to the same at the public hearing on
September 10, 1999.
D. Noise analysis and noise mitigation: 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 determine the level of noise that could be anticipated from
these facilities. Tf the noise analysis indicated that these facilities without noise
mitigation measures will exceed levels permitted under City noise regulations, sound
mitigation measures must be constructed to ensure that these facilities conforms to City
noise regulations. Such sound mirigation measures must be in place prior to operations.
If another building wiil serve as a sound barrier, the walls must be substantially complete
prior to operations.
A sound level assessment was completed by David Braslau Associates, Inc. for the proposed
Dawes facility. David Braslau made a finding that the potential for violating the Saint Paul �
Noise Ordinance is highly unlikely and a hucking operation would comply with the Saint Paul
�
�.
nv
HAMLINE MIDWAY COALITION �
Hamline Park Building � 1564 Lafond At-enue. Sunt Pau1. 3L\ 551�4 � 651-646-1986 • Fac 6>1-641-6123 � districtll@gofasi.net
October 22,1999
Council President Daniel Bostrom
St. Paul City Council
15 W. Kellogg Blvd.
St. Paul, MN 55102
Dear Coe:r.�: Pr2sident Bost�om:
On behalf of the neighbors living in the area surrounding North Fairview and
West Minnehaha Avenues, the Hamline Midway Coalition Board of Directors
wishes to appeal the Planning Commission's October 8, 1999 decision concerning
two JLT office/warehouse site plans. The buildings would be located on West
Minnehaha Avenue--one adjacent to North Fairview Avenue and the other, at
North Prior Avenue.
HMC does not oppose an office/warehouse development at these sites per se. •
Rather, this appeal, supported unanimously by HMC's board of directors at its
October 19 meeting, is based on our belief that more conditions are warranted -to
ensure sufficient protection for the adjacent residential area.
In approving the site plan, the Planning Commission was mandated to foilow St.
Paul Zoning Code #62108 (c), concerning Site Plan review and approval. The code
states:
"In order to approve the site plan, the Planning Cominission shall consider
and find that the site plan is consistent with...(4) Protection of adjacent and
neighboring properties through reasonable provision for such matters as
surface water drainage, sound and sight buffers, preservation of views, light
and air, and those aspects of design which may have substantial effect on
neighboring land uses."
The Planning Commission remgnized the potential adverse impact of the
warehouses on the neighborhood and placed eight conditions on its approval to
diminish these effects. However, it erred in leaving out certain conditions which
we believe are necessary to ensure protection of the neighbors. These conditions
would:
1) Limit the number of truck docks to the original number proposed in the JLT sit •
lof2
Dedicated to making th2 Hamline Midway neigl�borhood a better place 80 live and wor7�.
� Abrenrlalpapu�0%P��<onvumuwaqe
cap-S//3
. Noise Ordinance. Further, like all other residences and businesses in Saint Paul, JLT is both
obligated and committed to abide by the City's Noise Ordinance, regardless of the Planning
Commission's directive.
E. Additional review: The applicant does not lrnow who the tenants for these buildings
will be or the impact they will have on the nearby residential neighborhood. The type
of tenants could significantly affect neighborhood unpact Therefore,
a. The applicant may submit a revised site plan once the tenants have been
determined. Based upon this revised site plan, the Planning Commission may
modify (add or delete) conditions.
b. The Plaiming Commission will review the site plan conditions not more than one
year following the issuance by the City of a Certificate of Occupancy far these
building. The Planning Commission may modify (add or delete) conditions based
on this review.
The one-year review provision is simply commercially impractical and will prevent JLT from
deriving economic use from its property, to which it is entitled. A tenant will be unwilling to
enter into an agreement subject to this arbitrary condirion. The applications for site approval are
for what are called "sped' buildings—meaning JLT intends to buiId them as office/wazehouse,
but without any specific tenants in mind. This is commonly done in the development field where
developers, like JLT, purchase property which is zoned industrial and plans To make use of the
� property with prospective tenants to help our urban city, the neighborhood and themselves. This
condition unreasonably interferes with 7LT's expectation of economic benefit, which derives
from ownership ofprivate property.
Respectfutly Submitted,
O'NEILL, GRILLS & O'NEILL, P.L.L.P.
/ l
�
Jos ei
orney for JLT Group Inc.
cc: JLT Group, Inc.
�
.�
cx�-yi3
• Council President Dan Bostrom
October 25,1999
Page 2
plans: 3 docks on the building at Minnehaha and Fairview, 4 docks on the
building at Minnehaha and Prior. The revised JLT site plan proposes 14 and 19
docks, respectively. Because the uses of the proposed buildings continue to be
unknown, HMC and community members believe that this number of bays
could potentially add too great a volume of truck traffic and, in turn, additional
noise, air pollution, and safety risks.
2) Require a 10-foot setback for the building at Minnehaha and Prior, on the side
facing Prior. Presently a zero setback is proposed. St. Paul Zoning Code
�r�l��iciCin �:H'� "I(1R /r\ ( $+�+�c.� }L.;c �Oii�:":..^.b C='..u'.� F,-,_ .`.:ii. Y��:� �� � °'.:': ...
_ _ �� ,a . .� .,.
Safety and convenience of both vehicular and pedestrian traffic both within the
site and in relation to access streets...." Failure to establish a setback would create
a blind corner for drivers heading west on Minnehaha, particularly those
making a left-hand turn to Prior, therefore creating a safety hazard.
3. Modify condition #8, adopted by the Pianning Cominission on October 8, 1999m
to require annual reviews. Again, because the types of businesses are unknown
and could easily change from time to time, the nature of this plan warrants
� regular monitoring for its impact.
4. Prohibit the storage of chemicals, toxins, and the kinds of food that would
necessitate the presence of refrigerated trucks. The first two items present safety
risks; refrigerated trucks are noisy, and are usually kept idling.
For the above reasons, we ask the City Council to accept and hear our appeal. We
look forward to hearing from you concerning our request. Please contact me or
Cathy Lue, HMC community organizer, at (651) 646-1986 (phone) or (651) 641-6123
(fax).
Sincereiy,
Jodi M. Bantley
Executive Director
/jmb
cc: Councilmember Jay Benanav
Councilmember Jerry Blakey
Tom Beach, LIEP
• Gladys Morton, Planning Commission
Patricia Teiken, HMC Board President
city of saint paul
planning commission resolution
�le number 99-72
date October 2z, 1999
WHEREAS, KURT WILLIAMSON, MINNEHAHA LTD, files # 99-212 and 99-216, has appiied for a Site
Plan Review under the provisions of Section 62.198 of the Saint Paul Legislative Code, for the purpose
of constructing two o�ce warehouse buildings on property located south of Minnehaha Avenue between
Fairview Avenue and Prior Avenue, legally described per the attachment A; and
WHEREAS, the Planning Commission on 9/11/1999, held a public hearing at whicfi all persons present
were given an opportunity to be heard pursuant to said application in accordance with the requirements
of Section 64.300 of the Saint Paui Legisiative Code; and
WHEREAS, Saint Pauf Pianning Commission, based on the evidence presented at fhe pubfic hearing as
substantially reflected in the minutes, made the following findings of fact:
�. The proposed buildings The plans show two o�ce/warehouse buildings.
�
Fairview building The building at the corner of Fairview and Minnehaha wou�d have 14 truck
doors on the south side of the building. The truck doors would face away from the residences to the
north across Minnehaha so that most of the impact of trucks using the doors would be screened by �
the building. However, the doors wouid be visible to residents across the street on Fairview. The
site plan shows a 6.5' privacy fence along Fairview souYh of the building to act as a visual screen.
The building would cover 29,800 square feet. It wnuld be 360' long on the side facing Minnehaha
and 80' deep (except for a small office projection on the south side of the building. It would be 27'-4
taff. The main access shown on the site plan wouid be from an existing driveway on Fairview
Avenue.
The building would be set back 10 teet from the �r.operty line along Minnehaha and Fairview. This
area would be landscaped. The privacy fence along Fairview would be set back 10 feet and this
area would be landscaped too.
Prior building 7he building at the corner of Prior and Minnehaha would have 19 truck doors.
These doors would be on the south side of the building, so they would be screened from the
residences to the north across Minnehaha. The doors would be visible from the industrial property
to the west across Prior. The doors would be screened from the east and south by other existing
industrial buildings on the property.
moved by Faricv
seconded b3�
��i ��7���� IIn2rimous
against
.
� Q:c /t 1bT
a,- 5/i3
• Planning Commission Resolution
99-212, 99-216 Kurt Williamson, Minnehaha LTD
Page Two
The building would cover 33,146 square feet. It would be 360' long on the side facing Minnehaha
and 80' deep texcept for an ofifice area that would project from the south face of the building). it
would be 29'-4" tall. The main access would be from an existing driveway on Prior Avenue although
a car or truck could reach the building using an existing driveway on Minnehaha.
The building would be set back 10 feet from the property line along Minnehaha. This area would be
landscaped.
2. Proposed operation JLT does not have tenants lined up for the buildings and is building them
as "spec" buildings. This is a common arrangement for this type of building. However, it has raised
questions among neighbors since they do not know how the building will be used, what the hours
will be, the number and types of trucks etc.
3. 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 p/an and development or project plans forsub-areas of the
city.
The City's recently adopted Land Use Plan supports "compatible mixed use". It also says the
� City should "consider alternatives such as special restrictions on large trucking firms." The site
plan is compatible with the ad}acent residentia( neighborhood if conditions are placed on the
approval that minimize the impact on the nearby residential neighborhood, including truck traffic,
noise, light and the visual impact of this large building.
(b) Applicable ordinances of the City of Saint Paul.
OfficeJwarehouses are a permitted use in an I-1 zoning district.
There is a question about whether the noise from trucks would exceed the maximum levels
established in the City's noise ordinance. A noise study by an acousticaf engineer would
determine if any additional mitigation is needed to meet these noise limits.
(c) Preservation of unique geologic, geographic or hisforrcally signifrcanf characteristics of the city
and environmentalfy sensitive areas.
The site plan is consistent with this finding. The site is a paved parking lot on industrial property.
The neighborhood has environmental concerns about air pollution from existing truck traffic on
tne site and the additional traffic that this facility would generate. However, the Minnesota
Poliution Control Agency told staff that this a facility this size does not require any review by their
o�ce and should not pose any environmental hazzards for the area.
(d) Protection of adjacent and neigh6oring properties through reasonable provision for such matfers
as sur`ace �•�2i�r drain2ge, so�md and siah! bu,'iers, p�eserva:`ion of vre�•�s, light and air, and
• those aspects of design wh�ch may have substantial eiiects on neighbonng land uses.
The site plan is consistent with this finding if conditions are placed on the approval that minimizes
7
Planning Commission Resolution
99-212, 99-216, Kurt Williamson, Minnehaha LTD
Page Three
the impact on the nearby residentiat neighborhood, inciuding truck traffic, noise, light and the
visual impact of this Iarge building.
(e) The a��angement of buildings, uses and facilities of the proposed development in order to assure
abuffing property and/or its occupants will not be unreasonably affected.
The site plan is consistent with this finding if truck tra�c is restricted to Prior Avenue.
(� Creation of energy-conseniing design through landscaping and location, orientation and
elevation ofsfructures.
The site plan meets current standards for energy conservation and is consistent witfi tfiis finding.
(g) Safety and convenience of both vehicular and pedestrian traffic both within the site and in
relation to access streets, including tra�c circulation feafures, fhe locations and design of
entrances and exifs and parking areas within the site.
The site plan is consistent with this finding if all truck traffc uses Prior Avenue. To ensure that
trucks use prior, the existing driveways on Fairview should be closed and an existing physical
barrier on the site should be maintained to ensure that truck tra�c does not use Minnehaha
Avenue.
•
(h) The satisfactory availability and capacity of storm and sanitary sewers, including solutrons to any �
drainage problems in the area of the development.
The site plan is consistent with this finding.
(i) Su�cient landscaping, fences, waUs and parking necessary to meet the above o6jecfives.
The site plan is consistent with this finding if:
- Additional landscaping is provided on the sides of the buildings facing the residential
neighborhood across Minnehaha and Fairview.
- Sound mitigation measures are installed if needed to meet the standards of the City's noise
ordinance.
(j) Site accessibility in accordance with the provisions of fhe Americans with Disabilities Act (ADA),
rnc/uding parking spaces, passengerloading zones and accessible routes.
The site plan is consistent with this finding.
(k) P�ovision for erosion and sediment contro! as specified in the "Ramsey Erosion Sedimenf and
Confro! Handbook."
The site plan is consistent with this finding.
NOW, THEREFORE, BE IT RESOLVED, by the Saint Paul Planning Commission, that under
fhe authority of ihe City's Legislativ� Cod�, the application for a Site Plan Review to ailow two
ofrice warehouse buildings located south of Minnehaha Avenue between Fairview Avenue and .
Prior Avenue is hereby approved subject to the following conditions
�
oo- �l /3
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Planning Commission Resolution
99-212, 99-216 Kurt Wiiliamson. Minnehaha LTD
Pag= Four
Driveways Ail truck traffic to the Fairview building must use the south driveway on Prior
Avenue and proceed via the area south of the main existing building. Truck traffic may not use
Minnehaha Avenue or Fairview Avenue. The two existing 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 negatively impact the adjacent
residential neighborhood, the City would consider permitting reopening driveways to Fairview for
these uses as long as this offce/warehouse building did not have access to Fairview. Reopening
driveways shall be by permit.
Afi truck iratf�c to the Prior 6uifding must use the driveways o� Prior Avenue. Truck tra�c may not
use Minnehaha Avenue or Fairview Avenue. A physical barrier must be maintained on the site to
ensure that truck tra�c to this building do not use Minnehaha Avenue.
2. Hours No tractor trailer trucks may enter the premises or be allowed to idle on the premises
between 10 PM and 7 AM and on weekends.
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 the dock.
4. Truck parking Trucks may not stop or park on Fairview, Minnehaha or other nearby residential
streets. Public Works wi11 post signs where needed to help enforce this.
5. Noise anaiysis and noise mitigation 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
determine the level of noise that could be anticipated from these facilities. If the noise analysis
indicates that these facilities without noise mitigation measures will exceed levels permitted under
City noise regulations, sound mitigation measures must be constructed to ensure that these facilities
conforms to City noise regulations. Such sound mitigation measures must be in place prior to
operations. if another building wili serve as a sound barrier, the walls must be substantially
complete prior to operations.
In addition, any public address systems must be constructed and confiigured to minimize public
address noise from adjacent residential neighborhoods. Any mechanical equipment not specifcaily
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.
�
6. Lighting Exterior fighting for the facilities must be aimed and shielded to minimize glare {ight and
light spili over on to adjacent residential property.
7. Setbacks and landscaping The building setbacks of at least 10 feet are required along
Minnehaha and Fairview. These setbacks must be planted and maintained with plant material
approved by site plan staff and which will grow at least 15 to 25 feet tall when mature in order to
form a continuous row along the entire sides of the buildings facing Minnehaha and Fairview.
Additional landscaping must be planted around the perimeter of the site wherever noise barriers or
visual screens are required. The noise barriers or visual scre=ns must be setback 10' from the
prop�-ty I;ne to provide zde�uai° room tor la��scaoina. Th� exis'ting cha�n link ra, �ce in these areas
must be removed.
�
Planning Commission Resolution
99-212, 99-216, Kurt Williamson, Minnehaha LTD
Page Five
8. Additional review The applicant does not know who the tenants for these buildings will be or the
impact they will have on the nearby residential neighborhood. The type of tenant could significantly
affect neighborhood impact. Therefore,
a. The applicant may submit a revised site plan once the tenants have been determined. Based on
this revised site plan the Planning Commission may modify (add or delete) conditions.
b. The Planning Commission will review the site plan conditions not more than one year following
the issuance by the City of a Certificate of Occupancy for these buildings. The Planning
Commission may modify (add or delete) conditions based on this review.
K15�aretl1B'vkholz�PLANNINGViESOLUTM99216PCR wpC
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c�-y�3
. 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, October 8, 1999, at
8:30 a.m. in the Conference Center of City Hall.
Commissioners
Present:
Commissioners
Absent:
Mmes. Faricy, McCall, Morton and Nordin and Messrs. Corbey, Dandrea, Field,
Fotsch, Gervais, Gordon, Kramer, Mazgulies and Nowlin.
Mmes. *Donnelly-Cohen, *Duarte, *Engh and *Geisser and Messrs. *Johnson,
Kong, *Mazdell and *Shakir
*Excused
�
•
Also Present: Ken Ford, Planning Administrator; Jean B'ukholz, Nancy Frick, Tom Harren,
Allen Lovejoy, Lazry Soderholm and Joel Spoonheim, Department of Planning
and Economic Development staff; Bob Kessler and Tom Beach, the Office of
License, Inspection and Envuonmental Protection.
Neighborhood and Current Planning Committee
Recommendation for JLT Group Site Plan Review for the pmposed two buildings at Prior and
Minnehaha and Fairview and Minnehaha.
Commissioner Faricy reported that committee had a meeting on September 21, 1999, where
recommendations were made regazding the JLT office wazehouse buildings in the Midway area: -The
recommendation being made today is almost verbatim of the Apri123, 1999 recommendation that was
made for the Dawes Trucking Company at the same JLT site.
MOTION: Commissioner Faricy moved approval of the Neighborhood and Cunent Planning
Commi#ee's recommendations jor the JLT Group site plan for the proposed two buildings at Prior
and Minnehaha and Fairview and Minnehahr�
Commissioner Faricy read the recommendations.
Mr. Tom Beach updated the Commission on what has taken place since the committee meeting. JLT
sent a letter with some objections to a number of conditions, although some changes have been made in
them since. It is his understanding that JLT is still opposed to the hours of operation, truck idling, and
the annual review. District 11 Hamline Midway Coalition sent a letter in which they raised three
points: 1) it would be reasonable if JLT went back to the original plan that showed on three doors on
one building and four on the other; 2) they would still like to see a 10-foot setback at Minnehaha and
Prior for tr�c visibility; and 3) they would like to see an annual review rather than a one-yeaz review
because tenants will change.
��
Commissioner Nordin asked what the setback is at Minnehaha and Prior. Mr. Beach responded that the �
setback on Minnehaha right now is 10 feet; there's no setback on Prior since that faces industrial
property across the street. None is required on Prior, but the neighborhood feels that it creates an
unsafe tr�c condition.
Commissioner Gordon asked Mr. Beach to be more specific about the applicanY s letter in opposition to
the committee recommendation, and whether the applicant proposed a modification of each opposed
condition or elitnination of the condition. Mr. Beach replied that what JLT proposed is that those
conditions be deferred until such time as tenants have been selected. Commissioner Gordon asked if
the applicant or his representative were present today. Mr. Beach answered that a representative was
present. Commissioner Gordon asked if the Commission, at the tune of the first review, could decide to
have another review. Mr. Beach replied that it could.
Commissioner Field asked if inembers of the community were allowed to speak at the Neighborhood
and Current Planning Committee meeting. Chair Morton replied that they were. Commissioner Field
stated that his understanding was that the Planniug Commission closed the public heazing two weeks
ago. He questioned how it could occur that members of the community were allowed to speak at the
committee meeting. Commissioner Faricy stated that she was not at the meeting, however
Commissioner Geisser called her after the meeting and told her that there was a question that came up
not to the issue of the rivo new wazehouse buildings, but with regard to the Dawes Trucking building.
Commissioner Gordon stated that he was at the meeting and his recollection was that the nature of the
input was in response to questions voiced by committee members as to the locarion of a driveway on
Minnehaha. None of the committee members were s�se about whether there was one or where it was,
and someone from the audience volunteered informarion with respect to that. He added that sort of �
phenomenon has occurred at other committees on other occasions. It was for the very limited purpose
of providing committee members with some information that they needed.
Mr. Beach concurred with Commissioner Gordon's recollection.
Commissioner Nowlin asked if there was a prohibi6on in the Planning Commission rules of procedures
as to speaking extemporaneously at committee meetings. Mr. Ford stated that his understanding is that
�.�„ _, ,, � once the public hearing is closed, there's no public testimony but commissioners are always free to ask
questions of someone who's there for information, if they wish.
Commissioner Gordon said that the committee reviewed the previous conditions imposed by the
Planning Commission and also by the City Council. The committee looked at each one and tried to
determine whether it was appropriate for this application and if not, should it be modified or deleted.
Some of the conditions are identical or substantially identical to previous conditions; others were
modified in light of this application. Because the applicant was unable to provide us with spec�c
informarion about the particulaz uses of t[iese buildings resulted in condition #8, providing for the one-
year review because by that time, the uses ought be determined. It was a very focused attempt to not
duplicate the Dawes application, but to use it as the starting point for purposes of determining what
conditions ought apply here. He added that he thinks this recommendation is a very reasonable
accommodarion to the legitimate concems of the neighbors and the legitimate concems of the applicant.
Commissioner Field stated that this recommendation is structured like it was for Dawes Trucking.
MOTION: Commissioner Field moved that conditions 2, 3, S be stricken and condition 8 be •
modified to read:
� �
ao-�{!3
� The applicant does not know who the tenanu for these buildings wi11 be or the impaci they wi11
have on the nearby residential neighbnrhood The type of tenant could significantly affect
neighborhood impact. Therefore, staff from the Offue of Licertse, InspeMions, and
Environmental Protection shall inspect the site on a regular basis and make a repon tn the
Planning Commission if and when the site conditions are not being followed and/ar whether all
applicable City ordinances are not being meG If comp[iance is verified by ixspection, staff wi11
take normal enforcement action including criminal citations and/or recommendalions to the
Planning Commusion to the verification of the violalions of the site plan conditions and/or other
applicable ordinances; Contnrissioner %ramer seconded the motiorr.
Commissioner Field stated that it is not known what will be on this site, and he is troubled that the
recommendation seems to follow the same conditions as for Dawes Trucking.
Commissioner Gordon stated that he opposes the motion. He said that the Planning Commission does
know that there aze 33 doors planned for these buildings, more than the number of doors for Dawes.
That would seem to indicate a higher level of condirions that for Dawes. Secondly, the committee did
not just duplicate the Dawes conditions. For e�nple, one of the conditions in the Dawes case was
imposed by the City Council and it was appro�tnately 45 trucks per week. The committee didn't put
that into this recommendation because there wasn't enough information, but thaYs the reason it put in
the one yeaz review. Also, the hours were changed to apply to tractor trailer trucks rather than any
trucks. In the Dawes conditions, it was any trucks. If you line up the conditions, you will see that they
aze not uniformly idenrical. Commissioner Gordon noted that he shazed Commissioner Field's concern
about dealing with something where we don't have all the information, but this is the applicant's doing.
The applicant submitted the plan without knowing all of the uses to which the property may be put.
� Maybe it would make more sense to wait until the applicant knows what the uses aze before he comes
in with a site plan. But thaYs not whaYs happening here, so the Commission has to deal with it. If the
applicant makes us choose to deal with it without providing us with all the information, all the Planning
Commission can do is take that into consideration and ptovide some protections that will recognize
what might happen in the future. He doesn't think that this is justification for just eliminating
conditions because all of the information is not provided. There is enough information to justify each
and every condition in the way it was drafted for this application.
- Commissioner Mazgulies questioned whether there was a way to accommodate both of the positions.
He suggested taking #8 and saying that when the Commission has a specific site plan in front of them,
it will then review the site plan based on the use. We could defer this question until a specific used is
proposed.
Commissioner Field said he would need to think about that. Responding to Commissioner Gordon's
comment on the number of doors, he stated that when he references the number of doors, he's thinking
of heavy truck tractor type of traffic. A lot of office wazehouses haue small delivery vans and vehicles
that don't consritute the type of activity which might be representative of a Dawes Trucking. The big
frustration in dealing with this is that we don't know who's going to be there and how it's going to be
used.
Commissioner Mazgulies stated that the problem he has with Commissioner Field's language is that a
review occurs and then we're asking staff and LIEP to follow-up to see if there's compliance with some
� rules and zegulations. The specific concerns that we might have about that site are never put into effect.
There's nothing for them to ]ook at in terms of generating specific responses to specific problems.
Commissioner Nowlin, too, is iroubled that there is no information regazding use. He said that an
IS
application like tlus received in any suburban municipality just wouldn't go any place. There is no site �
plan; there is no dimensional layout, He thinks that the Commission should deny the site plan because
tfiere isn't a good drawing. He doesn't have all his quesfions answered and he doesn't Iike the idea of
tacking on a lot of conditions when we don't have the answers. He doesn't think that some of the
conditions recommended by the committee should be deleted because the Commission has seen a
proposal (the site plan) that was talking about 34 additional bays, and thaYs a truck facility, and he
doesn't think they should be knocked out with the proviso that the applicant, at any time, can explain
that this is not truck terminal or has been modified and therefore needs modification of the site plan
conditions. The Planning Commission should make it clear that the applicant can do that. With that
addition, he wilt go along witfi wfiat the Committee has recommended.
Commissioner Kramer is concemed that the conditions seem to address specific issues, but that in the
one-yeaz review period, there may well be issues one way or another that tlus doesn't address. He
thinks that the language Commissioner Field has proposed under #8 compazed to what e�cists in the
committee's mofion, allows for quicker action by the City than waiting an entire yeaz if something
would need to be changed—maybe there needs to be a little tweaking there. Right now it says that the
City witl not do anythiug for a yeaz, and he thinks that's not necessarily the right way to proceed.
Commissioner Dandrea referred to item #2 under fmdings. He asked Mr. Beach if putting up this kind
of "spec" building is a common arrangement as it says in the findings. Mr. Beach responded that this
type of building is designed to be flelcible. You can put up the siructure and then you can subdivide the
spaces into five small spaces or two big spaces, etc. It is fairly common for this type of building.
Coatmission Gordon stated that as he understands i� this is a site plan approval process, so, if the
Commission takes out condirions #2, #3, etc., and approve this site plan without those conditions, thaYs �
what gces forwazd. If we do that, he supposes Dawes Trucking could be moved in next week, without
any of the conditions that were originally attached to their applicarion, and that would indeed be a
disservice to the community and the City. Regazding the comments about flexibility (adding or
deleting), condition #8 takes cazes of that in the last sentence. There also has been concem expressed
about having to wait one yeaz. We don't have to wait one year. Condition #8 is phrased in terms of
having the review "not more" than one year. So, obviously, it could be less than one year, and aY the
request of the applicant or the residents or both. He thinks, the committee has built in protections. The
Commission could simply deny ttris site plan. We can't adequately make judgements about what
conditions should be in here, so we could just deny it and wait until we can, but he thinks that may be
uafair to the applicant. He thinks that what the committee has gone to considerable effort to shvcture is
an appmach to enable the applicant to go forwazd and at the same time, retains sufficient protections for
the community and the neighbors, and a reservation of the fle�bility we would need if something were
to happen such that either the applicant or the neighbors tUink there ought be a change, they can make
the request any time within the ne�ct year. He thinks a point that the members need to focus on is that
tlus is a reasonable approach in accommodating the interests of the applicant and the neighbors.
Commissioner Nordin thinks that all tfie conditions should remain. Sfie, too, feeIs that tfiis site plan
proposal has not been presented the way it should be. If she were to be the azclutect for this client and
present this project the way it has been presented here, she would be extremely embarrassed. There aze
too many things left to the Commission's imagination in this proposal, and that it why it needs all this
criteria, if we aze going to pass it. Once this is built and has uses, those uses are subject to change
within the next yeaz. So, the Planning Commission needs to be very carefiil for the neighborhood �
residents who aze right across the street. This would not be built in a suburb. There is too much
missing.
I :a(
pa-Y�3
• Commissioner Margulies is bothered on all sides of this issue. One problem he has is that if we pass
this resolution with the one-yeaz review and we have a defacto site plan, we're really telling the
developer to go ahead and build this and start leasing. A year from now when this project is: a) built;
and b) leased-up, the City might be telling the developer he can't do a, b, c, and d, when he has leases
which requ'ue him to allow a, b, c, and d. Then the City is going to be in a much more difficult
situation, litigation wise, than we are today, litigation wise. He thinks that if there are some things the
Commission wants to say about tlus project, it ought to do so now. The idea of going back after the
projecYs built and leased and starting to operate and telling them there are additional rules which none
knew about, is really bothersome to him in terms of a due process scenario. He has a problem with
lefting the developer getting too faz down the road. If the developer wants to come back when he has a
better idea of what the uses are going to be or not going to be—maybe thaYll work. Even with a more
specific site plan, we might not know who will be leasing and what the uses will be.
Commissioner Gordon noted that he hasn't any of the problems that Commissioner Margulies has with
respect to the applicant developing this and a yeaz from now having these conditions revisited. This is
the applicanYs doing. The applicant has chosen to come in and apply for a site plan without providing
the City with all of the information. The Commission is dealing with that in a reasonable fashion. If
the applicant wants to go fonvazd, then he does so at the applicanYs risk. He doesn't think thaYs unfair.
This recommendation has been structured so that the nea�t review should be not more than one yeaz, so
if something comes up for the applicant that is of concern, the applicant can certainly apply for a review
prior to one year.
Commissioner Nowlin commented to Commissioner Dandrea. What is unusual here is not a"spec"
building. WhaYs unusual here is to have a"loosey, goosey" site plan that doesn't say anything very
� well. We have been offered something to accept or reject on faith in terms of what's going to go on
here. ThaY s not right. An applicant should have to be more specific. He thinks what the committee
has done is reasonable. They have assumed the worst case which would be a lot of trucks.
Theoretically, it the Planning Commission approves Cotnmissioner Field's morion, Dawes could go
back in. He is with the committee to the extent that these are the minitnum requirements that ought to
be imposed. He also agrees that since we don't know, we need some flexibility. He thinks that #8
should make it cleaz that the applicant can request a review.
MOTION: Commissioner Fotsch moved thal debate be closed on Commissioner Field's motion.
Commissioner Mugulies commented that he is bothered by putting post development restrictions on an
operation when we know today what those operations could be.
The motion on theJloor to end debate carried unanimously on a voice vote
Commissioner Field re-read his motion.
Commissioner Field's motion to amend canied on a roll caU vote of 7- 6(Faricy, Fotsch, Gordon,
Margulies, Nordin, Nowlin).
The amended motion on theJloor to approve the site plan failed on a roll call vote of S- 8(Corbey,
Faricy, Fotsch, Gordon, Margulies, McCall, No�din, Nowlin).
� MOTION: Commissioner Nowlin moved that the site plan be denied; Comtnissioner Nordin
seconded the motion.
,�
Commissioner Nowlin explained that what the Commission is expressing here is that it has inadequate �
information on wkich to approve the application or to appropriately condition the proposal. The
applicant needs to return with something more cleaz.
Commissioner Gordon commenYed that not appmving Yhis site plan is certainly better than approving it
without the specific conditions that the committee had developed. He will support the moflon to deny
the site plan.
Commissioner Margulies commented that if the someone had put a motion before the Commission that
had kept the restricrions but included Commissioner Nowlin's language, he thought there might have
been some support. Perhaps there's a way to revisit that. He asked if the proposal could be resubmitted
today.
Commissioner Nowlin noted that he would accept, as a friendly amendment to the mofion to simply
deny, but that the matter should be sent back to committee for further consideration.
Commissioner Margulies asked Commissioner Nowlin what could be sifted out in committee that has
not been flusfied out here.
Commissioner Fotsch, on point of order, interjected that the main motion can be referted back to the
committee, but it does require a friendly amendment.
SUBSTITUTE M01TON: Commissioner Margu[ies moved to approve the Neighborhood and
Cunent Planni�tg Cnmmittee's recomn:endations for the JlT Group site pian for tlte proposed two
buiiding at Prior and Minnehaha and Fairview and Minnehaha except that #8 would include •ri� •- : s�� �
al[owing both the applicant and the Planning Commission to seek mod�cations ar apprnpriate
during the development process; Conprrissioner Fotsch seconded the motion.
Commissioner Fotsch spoke to the substitute motion which allows the applicant to work out some
accommodation. There is the flexibility here; it's a good solution.
MOTION: Commissioner Paricy moved to call the question; Commissioner Fouch seconded the
�•t•,.. motion which canied on a voice vot�
Commissioner Mazgulies cl�ed that the vote will be on the Neighborhood and Cumnt Planning
Committee's recommendations as they appeu, except #8 will allow the applicant, as well as the
Plazming Commission, to pose farther modificafions based upon the project as it is more specifically
developed. The last line of #8 shall read:
The Planning Commission or Yhe applicanY may modify (add or delete) conditions based on this
review.
The substitute mokon on the floor to approve the Neighborhood and Current Planning Commit[ee's
recommendations for the JLT Group site plan for the proposed two buildings at Prior and
Minnehaha and Fairview and Minnehaha, and to reword the last sentence in #8 to read:
The Planning Commission or the applicant may modify (add or delete) conditions based on this
review �
canied on a voice vote (Dandrea, Field, Gervais, Sramer, Morton).
f,
oo-y /3
. 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, September 10, 1999, at
8:30 a.m. in the Conference Center of City Hall.
Commissioners Mmes. Donnelly-Cohen, Duarte, Engh, Faricy, Geisser, McCail, Morton and Nordin
Present: and Messrs. Corbey, Dandrea, Field, Fotsch, Gervais, Gordon, Krazner, Mazdell,
Mazgulies, Nowlin and Shakir.
Commissioners Messrs. *Johnson and Kong
Absent:
*Excused
C .J
i
Also Present: Ken Ford, Planning Administrator; Jean Birkholz, Nancy Frick, Tom Harren, Nancy
Homans, Lucy Thompson, Allan Torstenson and James Zdon, Department of
Planning and Economic Development staff; Tom Beach and Bob Kessler, Office of
License, Inspection and Environmental Protection; Bill Hagland aud A1 Shetka,
Tr�c Engineering, Department of Public Works.
I.
II.
III. Planning Administrator's Announcements
Approval of Min�es of August 13 and August 27, 1999
\
MOTION: Com�nissiote�r %ramer moved approval of the minutes offl ugust 13, I999 and
August 27, I994; Commiss`ianer Mardell seconded the motion which carried unanimously on
a voice vote
\
Chair's Announcements �� �
Chair Morton announced that Mr. Ken Ford v�ill be leaving the Departrnent of Planning and
Economic Development between October and beginning of the new yeaz. Mr. Ford
responded by saying that the possibility of retirerx�nt and doing a few other things is something
that he has been thinking about for some.time, and dec�ed to make it happen a little before the
end of this yeaz. He noted that it was a hazd decision to c`otne to given the way he enjoys this
work and working with the Planning Commission. ,
Mr. Ford announced that he has handed out some information about au�ic�training conferences
that the American Planning Association offers. \
t
Mr. Ford announced that this last week, the City Council approved the rezoning or St. Paul
Brass and for the Riverbend Industrial Park. A pubtic hearntg was held this week the
Shepazd Davem Gateway Small Area Plan. The City Council laid it over to September , 1999.
Most of the testimony focused on the issue of affordable housing and some interest in having
(7
more specific targeu for affordable housing in the Shepazd Davem azea in the plan. The City
Council set October 6, 1999, for public heariugs on the Merriam Pazk and Hamline Midway �
Special Sign Districts.
IV. ����,T� HF�(t1N�i: JLT Group Site Plan Review for the proposed two buildings at Prior and
Mivnehaha and Fairview and Minnehaha (Tom Beach, 266-9086, LIEP).
Chair Morton zead the rules and procedures for public hearings.
Mr. Tom Beach, the Office of License, Inspection and Environmental Protection, showed slides
of the site and gave a short presentation.
JLT Group is proposing to conslruct two office/wazehouse buildings on property they own
bounded by Minuehaha, Fairview and Prior. The site covers appro�cimately 14'h acres. It has
been used for industrial uses for a number of yeazs. JLT has owned it for about the last three
years. Fzrlier this year, JLT submitted a site plan for a trucking facility for Dawes Trucking.
That facility was going to have 26 doors for trucks. The Planning Commission approved the site
plan wiYh a number of conditions including existing curb cuts on Fairview, construction sound
barriers, and reshicting hours of operation. The City Council heazd the case on appeal; they
approved it with the same condifions that the Planning Commission recommended, plus added
some new conditions including limiting the number of hvcks and requiring an annual review of
the site plan. The Mayor vetoed that decision, but the City Council overturned the veto on a
vote of 5-2. JLT Group has since filed a lawsuit about that case. Now, they are proposing hvo
buildings. One would go along Miunehaha; the other would be located along Minnehaha and
Prior.
Mr. Beach read the staff recommendations.
� �
Commissioner Gordon stated that he is concemed about approving a site pIan without having a
better idea of the use of the buildings. Regarding fmdings 3d and 3e, the staff recommendation
says that "the site plan is consistent if conditions are placed on the approval that minunizes the
impact on the neazby residential neighborhood, including truck traffiq noise, light and the visual
impact of this lazge building," A number of the conditions do deal with truck traffic, but if the
site plan is approved consistent with the staff report, what would happen if we end up with a
couple hundred trucks per day in that facility? What is to protect these concems that run in
favor of the neighboring Iand owners and residents around this site if tfiere turns out to be some
huge amount of truck traffic? Mr. Beach responded that when the noise analysis was done for
Dawes Trucking, there were some assumptions made about a reasonable number of trucks given
a number of doors. The noise analysis takes the more reslrictive standazds that apply from 10
p.m. to 7 a.m. Commissioner Gordon asked if the site plan is approved consistent with the staff
recommendarion, is there any limit on the number of trucks that could access that site over the
given course of a day? Mr. Beach answered that there was not. If it turned out that the noise
ordinance were violated, the City would need to make sure that JLT came into compliance witii
it. Commissioner Gordon indicated that if there would be a lazge number of trucks, they would
impact on more than just noise. There would be safety issues if trucks would be backed-up into
intersections. Mv Beach responded that one of the conditions is that trucks have to use Prior to
enter the site, and maneuvering the trucks would be going on in the site itself. Commissioner
Gordon asked Mr. Beach whether he has thought of a way of structuring this so that there would
be some review or control on the total number of trucks that could use the site? Mr. Beach �
�i�
cx�-yi3
replied that staff didn't consider that; and added that iYs not an easy thing to enforce. They
• hoped to settle some of those problems with the design of the buildings.
Commissioner Geisser asked if when the MPCA did their environmental study, did ihey do a
specific site study or a cumulative affect on air and the environmental? Mr. Beach stated that
when he spoke to them, he gave them this site only. Commissioner Geisser noted that the whole
azea between Fairview and Mimiehaha has a lot of truck traffic. Mr. Beach replied that such a
decision would be up to the MPCA ; the City can't requ'ue one by themselves.
Commissioner Mazgulies asked if Mr. Beach knew the status of the Dawes litigation and the
outstanding issues involved. Mr. Beach replied that all he knew is what he read in the paper.
Joe O'Neil, 168 East Sixth Street, Saint Paul, attomey representing JLT Incorporated, addressed
the Commission. Fie expressed that two weeks ago, some of the Commission members
suggested to him very strongly that he and Mr. Trooien should make a strong effort to meet with
the neighbors. Through the cooperation of the Hamline Midway Coalition, JLT had a very good
meeting on Wednesday night with the neighborhood. Both Mr. Trooien and Mr. Meyer from
JLT were there, along with neighbors and the people from the Hamline Midway Coalition. It
was a good meeting and an understand3ng was reached that will be very helpful in the future.
Mr. O'Neil referred to a lazge zoning map to show that the whole azea near this site is an
industrial azea. He said that he drove azound in the area counting the number of doors on many
of the businesses in the azea. Some of the doors were inside the sites; many were leading
directly onto the streets. Mr. O'Neil pointed out that in the Legislative Code there is no
restrictions on the number of trucks permitted into a facility. None of the businesses in this azea
� aze restricted as to number of hucks. JLT Group bought this property in 1996. The properry had
been vacant for many yeazs. JLT has tried to utilize and develop it in a way that is consistent
with City legislation. He pointed out that going north on Fairview, there's about 14 truck sites
that have access right onto Fairview Avenue, and Prior Avenue also has many truck sites that
access right onto it. He reiterated that industrial sites do not have any limitations regazding the
number of truck traffia If however, there is any violation of City codes, people need to comply,
and JLT certainly intends to do as well. A noise study that was done on this property on the
Dawes matter found that there was no violation. It appears that this use of industrial property is
consistent with the code and consistent with the use of an office/warehouse or a trucking facility.
There is nothing in Saint Paul's code that restricts the number of doors in a build'mg. Mr. O'Neil
indicated that they intend to comply with all of the staff recommendations even though some of
the restrictions aze more than other industrial property owners have out there. He asked the
Planning Commission to be equal in so faz as its consideration of the property rights of the
industrial owner, JLT, and decide today to approve the site plans for both buildings.
Commissioner Faricy asked who did the noise study for the Dawes Trucking site, and if a copy
was available. Mr. O'Neil answered that David Braslau did the study and he thinks that the
Planning Commission has a copy of it If cost about $5,000 and was paid for by JLT.
Commissioner Faricy asked about the August 18, 19991etter from Hamline Midway Coalition.
Mr. O'Nei1 replied that he was referring to yesterday's letter. The Planning Commission did not
received it; Commissioner Gordon had been faaced the letter. Mr. O'Neil passed out copies of
the letter.
• Commissioner Nowlin asked about the Dawes matter. Mr. O'Neil replied that action has
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commenced in the Ramsey County District Court; the answer has not yet been £led by the City.
A hearing is scheduled for Monday, September 13, 1999, for a temporary reslraining order. •
Commissioner Nowlin asked if Dawes is planning to go into the site on the east side. Mr.
O'Neil answered that they aze not; JLT lost Dawes. Commissioner Nowlin asked if JLT was
suing on the land use restrictions or for damages. Mr. O'Neil responded that JLT was suing for
both.
Commissioner Gordon commended Mr. O'Neil, Mr. Trooien and the Hamline Midway Coalition
on getting together and meeting with the community to discuss these issues and in reaching
agreement on a number of concems. He encouraged them to continue in those efforts in hopes
of reaching agreement in the remaining unresolved issues. With respect to the role of the
Plauning Commission, the Land Use Plan calls for compatible mixed use, so the Commission
needs to be looking at a way for the use of this property that is compaUble with the residential
neighborhood that abuts it on aY least rivo sides. Commissioner Gordon agrees that the code
does not contain a specific res�iction on the number of trucks, but the code does require the
Planning Commission to make certain findings, such as there will be no unreasonable affects on
neighboring land owners. In order for the Commission to make those findings, it needs to take
into consideration things such as the level of truck traffic because given some level of traffic,
there could be an impact on surrounding use. If JLT were to run 500 trucks per day into
buildings, it might have an unreasonable affect on the neighborhood. T'he concem is how does
the Planning Commission approve a site plan without lmowing that? He asked Mr. O'Neil if he
has considered structuring this in a way that would enable approval of the site plan and yet
protect against an excessive amount of truck traffc that wouId unreasonably impact the
surrounding residential neighborhood? Mr. O'Neil replied that he thinks the real restriction is
the size of the building. The size of the 565,000 square foot building at Gregs Cooper will lend �
itself to a certain number of trucks; a sma1129,000 square foot building or a 33,000 square foot
building is restricted by the number of doors proposed. Mr. O'Neil indicated that the affect the
Commission must fmd is not whether it's reasonable or unreasonable, but whether or not it has a
substantial effect. Whether or not it has a substantial effect is a decision for the Planning
Commission to make, although these aze not lazge buildings. The number of doors that aze
proposed would restrict the number of trucks that could be available for loading and unloading
during the day, Commissioner Gordon asked how many doors aze proposed. Mr. O'Neil
answered that there aze 33 total doors proposed for both buildings, Commissioner Gordon asked
if he had heazd conectly that these 33 doors are contained within walls. Mr. O'Neil responded
that they aze within walls. There will be a wall all along the exterior of the properry, 27 feet
high; 6racks wouid come inside tfiat wall. Commissioner Gordon asked if the outcome of this
site plan review will have any impact on the litigation process regazding the Dawes Tmcking site
plan review. Mr. O'Neil replied that he can't answer that question. All he can say is that the
City has not yet filed a response.
Commissioner Nordin asked if this building were designed as a one-tenant or possibly a rivo-
tenant building. Mr. O'Neil responded that it was not designed as a one- or two-tenant building;
more possibly for multi-tenants. Mr. Trooien, JLT Group, explained that when they designed
the northeast building, they put in the maximum number of docks so that they would not need to
come back for further approval if the number of docks increased.
Commissioner Mazgulies asked how many doors were in the Dawes building. Mr. O'Neil
replied there were 26. Commissioner Mazgulies asked, although he and JLT want the Planning
Commission to base ifs decision on the number of doors, (given the Commission's decision, it �
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needs to look at the unpact); what assumptions do they want the Couunission to use with respect
� to the number of trucks on a daily basis that will be utilizing this site? Mr. O'Neil replied that
again the test is one of whether or not this use has a substanrial affect, and he indicated that the
Commission should rely on the staff £mdings and stafPs indication that this use is consistent
with industrial use and with the I,egislarive Code. He stated that he can't answer what the
number of trucks would be. In e�minarion, they have not found any other industrial site in the
Midway azea that has any restrictions on the number of lrucks, regazdless of how many doors
they have.
Commissioner Nowlin is troubled because he sees two building plans in front of him but he
doesn't see one site plan. He asked Mr. O'Neil what he considered the site to be. Mr. O'Neil
replied that the site is the 14.5 acres. Commissioner Nowlin agreed. Mr. O'Neil noted that you
need a specific building positioned within that site. Commissioner Nowlin stated that the issue
here today is not zoning classification I-1 or something else. Everyone here agees that we're
not changing the zoning code or the zoning treatrnent of the property. The issue is site planning.
In the suburbs, this 15 acres would have a site plan, but we're not seeing that today and we've
got these problems. The Planning Commission's job is to assess and to make sure that there is
no substantial adverse impact on surrounding property. Here, we don't even have a number of
trucks that might use this. Commissioner Nowlin wonders how many more buildings can be
constructed on this 15 acres; perhaps a lot more. This is not done yet. Mr. Trooien responded
that he doesn't know where they would put the next building, other than where Dawes would
have gone. Commissioner Nowlin pointed out that the Commission does not have anything in
front of them that cleazly shows whaYs going to happen at this site for a long period of time.
Mr. Trooien asked if there was a correlation between a site plan and restricting a number of
trucks. To him the real issue is whether there aze any other buildings that have those
. restrictions; is there dual treatment going on? Commissioner Nowlin replied that Mr. Trooien
would find out in court that the way zoning works is cumulative and impacts aze cumulative. He
added that iYs too bad that Mr. Trooien is the last owner there; the Planning Commission really
wants to help him. It's a h old piece of properry and it ought to be reused and it ought to
be used for industrial. The problem is that there is already industry there. Now, someone needs
to figure out how to exist there without exasperating an already existing impact. That's the law;
not, "I get to do the same thing as the guy next door." Mr. Trooien thinks there is some element
of that, but he thinks the issue here revolves more azound the number of trucks, and a small
bullding cannot generate as lazge an aznount of truck traffic as a lazge building would do with a
lot of continual distribution.
Commissioner Engh asked Mr. O'Neil if he knew what the average daily traffic count is on Prior
and Fairview. Mr. O'Neil replied that he did not. Commissioner Engh thinks that is something
the Commission should fmd out because counting truck doors is only a snapshot of what
potentially could go in there. Having driven up and down those streets, she thinks that a traffic
count would provide helpful information. Mr. Beach responded that the ir�c count on
Fairview south of Minnehaha is 7,650 vehicles per day; Prior is 4,100 vehicles per day; Pierce
Butler gets about 12,000; University Avenue in that azea gets about 22,000; Minnehaha gets
about 1,500 vehicles per day.
Commissioner Gordon asked Mr. O'Neil if the Planning Commission approved this site plan
with staff recommendations, would the approval also apply to the already existing building on
this site (the Dawes building). Mr. O'Neil replied that it would not. Commissioner Gordon
• asked if this site plan were dealing with only these two buildings. Mr. O'Neil replied that it was.
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Commissioner Mazdell asked Mr. Trooien about the mazket they were Iooking for in building
these buildings. To him, it seemed likely to be more in the micro-office wazehousing �
distriburion type of mazket. Mr. Trooien replied that JLT thinks there's a mazket for smaller bay
use, not heavy truck users. The lazge number of doors put into the design is to give JLT some
options.
Public Testimonv
1. Cheryl Haznmerlindl, 67Z North Fairview Avenue, addressed tfie Commission. She said that
providing that condirions to limit truck traffic, provide safety, and address concems and preserve
the quality of the neighborhood, this is possibly an acceptable development. One of her major
concerns is the increased number of dock doors added to the original plan. There being no
restrictions on the e�sting companies in the neighborhood is a difficuit problem for the
neighborhood because all of the things that Mr. O'Neil explained aze along Fairview, Prior, and
Pierce Butler, have led to difficulties in the community. The fact that the Midway area is a
junction between Saint Paul and Minneapolis has led to the over saturation of iruck related
bus➢nesses in this very small residential area. She asked the Planning Commission to take that
into consideration. Decisions that have been made about development in the city forry years ago
affect this neighborhood today. Decisions that are made today about development will affect
this neighborhood for at least forty more years. Both Minnehaha and Fairview have traffic and
pazking pmblems. The neighborhood hopes to meet with the Public Works Department and the
Police Department to resolve some of the issues and reduce any negative affects that more or
new traffic would have on the azea. Neighbors and members of the district council met with Mr.
Trooien on September 8, and came away hopeful that Mr. Trooien will continue to be willing to
address the community's concems. The community is interested in talking further with Mr.
Trooien about altemative development for this property. The community respects Mr. Trooien's �
right to develop this properry as long as iYs compatible with the neighborhood and does not have
a negative affect on the quality of life for this area of residents.
Chair Morton asked if commissioners had any quesrions for the Public Works' engineers.
Commissioner Gordon asked Mr. Shetka if he had any sense about what would be excessive
truck traffic, the point at which the level of truck traffic would unreasonably, substantially,
adversely impact on the surrounding neighborhood. He noted thaY was a difficult question to
quantify or qualify. If trucks would come in a convoy to load/unload at 33 docks, it certainly
would present a probletn for any particulaz place. Normally, in azeas where there is heavy truck
traffic, it's distributed throughout the work day, which does not lend itself to a problem.
Occasionally, there may be some congestion and some noise, but congesrion and noise, in and of
themselves do not create an unsafe condition. In fact, it may ha�e the opposite affect by
congesting a street—slowing down and calming tr�c. This is a question that really cannot be
responded to until there aze numbers and volumes to be analyzed.
Commissioner Nowlin asked Mr. Shetka to talk about the existing tr�c volumes. Mr. Shetka
replied that Fairview is about 7,600 and Prior is about 4,100. He added that these are noY
excessive volumes. Sh�eets like Cretin Avenue neaz St. Thomas carries about 16,000 vehicles
per day; Snelling has about 48,000 vehicles per day. Commissioner Nowlin asked where the
majority of truck tra�c from this azea would e�t Mr. Shetka responded that depends on their
origin and destination.
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2. James Turkowski, 1861 Englewood Avenue, addressed the Commission. He pointed out that
• the proposed building at Minnehaha and Prior has no setbacks indicated, which will create a
blind comer on the southeast corner, like the cunent building across the street produces. This
will make tuming north or south onto Prior from Minnehaha dangerous. Also, traffic heading
north on Prior will not be able to see traffic that is approaching from the west on Minnehaha_
The second concern is that the truck docks increased from seven to 33, which appears to be a
shift from wazehouse/office buildings to a major trucking facility, one that is even lazger that the
eazlier one proposed along Fairview, a proposal that was only approved after critical conditions
were placed on it by the City Council.
3. Roberta Mackin, 1804 Englewood Avenue, addressed the Commission. She explained that
the reason the neighborhood has gathered together and has 70 people on their call list is because
they don't want their neighborhood to look like North Prior. If the City wants more housing,
then she thinks the industrial people aze going to have to accommodate it. She is concerned
about these proposed buildings that have no designated use abutted to a residential neighborhood
that has been azound a long time before Mr. Trooien bought the property. There ought to be new
restrictions and conditions. The neighborhood doesn't want any chemical waste products for
obvious reasons and no produce or meats that require refrigerated trucks, which need to be left
running producing more noise. The neighborhood would prefer office type buildings and there
should be no exit onto Fairview Avenue.
4. Kimberly Nightingale, 1689 Van Buren Avenue, addressed the Commission. She and her
husband own a duplex in the neighborhood. She noted that it is good that Mr. Trooien is
working with the community. It is also good to know that there will be no truck access onto
Fairview. The neighborhood is currently investing money into its homes and needs to be
� assured that residential properties will not be negarively impacted by JLT's plans. There aze
safety and pollution issues that the neighborhood is concerned about. There are approaumately
75 children in the area, and the neighborhood is concerned about keeping them safe from traffic
problems and pollution.
5. Ron Williams, 779 Clayland Street, addressed the Commission representing the Sierra Club.
In the Sierra Club's view, truck tezminals aze illegal because they violate the City's Zoning
Ordinance, the 1983 Land Use Plan, the 1999 Land Use Plan, the City Noise Ordinance and the
1980 District 1 I Plan. The Siema Club is not saying that Mr. Trooien has no right to develop his
property for a light industrial use and that they expect the land should be turned into a wetland.
It hopes that he will fmd a use that is compatible with the neighborhood. The Zoning Code for
the City of Saint Paul says that the intent of the I-1 Indush�ial District is "to primazily
accommodate wholesale and warehouse activities and indush operations whose external
physical affects aze restricted to the azea of the district, and in no manner affect the surrounding
districts in a detrimental way." The code further states that new buildings in I-1 must conform
to specific uses including "wazehousing and hotel establislunents and trucking facilities." The
thrust of the Zoning Code here is to define permitted I-1 light industrial acrivity as that which
has no deleterious affects on the surrounding azea. The code sharply distinguishes I-1 from the
next industrial classification, I-2, by stating that I-2 is for certain "industrial operations whose
extemal affects will be felt in surrounding districts." Classification I-1 indicates that its
permitted uses aze restricted to those which have no adverse physical affects on neighboring
azeas. Trucking facilifies, along with other specified uses aze allowable only on locations where
they "in no manner affect the surrounding districts in a detrimentat way." The problem here is
• that the proposed buildings will have a substantial affect on neighborhood residents. A pertinent
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part of the 1980 Saint Paul Land Use Plan says "mixing the incompatible uses will create an
unsuccessful development. For example, uses which generate lazge volumes oftraffic, noise or •
air pollution cannot be combined with uses requiring quiet. This azea is only about 12 blocks
away from what in the past was the most au polluted site in Minnesota, Snelling and University.
The City has worked hazd to reduce air pollurion at this site. The introduction of these proposed
truck facilities threatens the air quality of tlus azea, a problem which should be studied. The
need for such a study is even more pressing now since we are now considering faciIities wifh tfie
capacity to serve 150-200 trucks per week, instead of the 45 per week for the southem most
terminal. The 1999 Land Use Plan is even more supportive than the 1980 Plan in protecting
residenrial neighborhoods from adjacent incompatible development. The Sierra Club
understands that the City of Saint Paul intends to prohibit addirional truck h facili6es in
Saint Pavl just a Roseville did some years ago and other azea municipalities have done. It makes
no sense for the City to establish a policy like this and then squeeze in more developments of the
sort that this policy prohibits. It is critical that the Saint Paul Planning Commission has
adequate environmental information in siting these site plans with serious possible affects on
adjoining neighborhoods. The State of Minnesota Environmental Rights Act states:
The Legislature Fmds and declazes that each person is enritled by right to tha protection,
preservarion and enhancement of air, water, land and other natural resources located within
the state and that each person has a responsibility to contribute to protection, preservation
and enhancement thereof.
Commissioner Gordon asked Mr. Williams if he would allow that some level of increased truck
traffic in connection with these proposed buildings would be compatible with the surrounding
neighborhoods and would not substan6a11y or unreasonably adversely affect the surrounding
neighborhoods. Mr. Williams replied that he would allow "some," He would hope that the �
Planning Commission would add some kind of limit so that the neighborhood wouldn't need to
be worried about it. Commissioner Gordon asked Mr. Williams what he would define as
"some"? Mr. Williams responded that he would follow the guide of the City Council and
prorate these facilities accordingly, about 30 more. A building with 15 loading docks, which has
been in place for a long time, is also in play here. That should be taken into consideration. 74
loading docks total wi11 now be the total number.
6. Any Hummel, 779 Clayland Street, addressed the Commission. She stated that the Zoning
Code states, "The Planning Commission shall consider and find that the site plan is consistent
with the city's adopted comprehensive plan and development of project plans for subazeas of the
city." The 1980 city Land Use Plan says, "Mixing incompatible uses will create an unsuccessfiil
development. For e�mple, uses which generate lazge volumes of iraffic, noise or air pollution
cannot be combined with uses requiring quiet " The proposed terminats aze on land abutting a
residential neighborhood immediately across an ordinary neighborhood street, not a highway or
truck route. These two new terminais, plus another e�sting terminal on this site, will provide a
total of 74 truck bays, The terminal buildiags themselves may partiaily reduce noise Ieveis to
homes directly opposite each terminal from noise sources directly behind each terminal. These
barriers, however would not prevent significant detrimental noise affects on adjacent houses up
and down Fairview and Minnehaha to either side of the houses that aze directly opposite. These
adjacent homes would remain in direct line of sight and therefore, in direct noise range, from
noises from trucks directly behind the terminai. Snnilazly, even the homes d'uectly opposite the
terminals would be adversely affected by noise originating anywhere on the site other than
directly behind the terminals, including not just truck engines at low speeds and idling, but stack �
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exhaust noise, engine rewing at start-up, back-up signals and au brakes. Given the lazge
• number of truck bays and the traffic capacity of the site, such noise should be expected to be
substantial, not to menrion considerable truck traffic noise at all hours along Fairview and
Minnehaha. If the Fairview entrance is permitted contrary to Commission and staff
recommendations, the proposal does not indicate that there would be less than round the clock,
7-day per week operation. Instantaneous noise levels from a'u brakes and repeated back-up
beepers will disturb neighborhood peace and quietude and will be severely disruptive to the
neighborhood. The noise evaluation submitted with the southemmost terminals proposal did not
include any actual measurements of individual truck noises, but relied instead on federal EPA
noise data from a division of the EPA that had been disfunct for neazly riventy years. This data
included only just the average noise level of truck engines idling and moving at 5 m.p.h. It did
not differentiate among types of ttucks or the age or mechanical condition of the trucks, nor did
it include noise ranges for start-up or rewing of engines, stack e�aust noise, air brakes or back-
up beeper signals. The City should require an actual test of noises from trucks of different types,
ages and conditions. Such a study should include not only fleet vehicles, but independently
owned and operated vehicles as well since these latter would be expected to vary quite a lot with
respect to noise. Noise will be particulazly troublesome in spring, summer and fall when
windows will be open for ventilation. Night time noise will interfere with sleep causing health
and safety problems for children, students, pazents, workers and other neighborhood residents.
The heavier daytune noise will also interfere with sleep for neighborhood shift workers, children
at nap time and those neighbors who aze ill. These trucking facility proposals in one of Saint
Paul's evermore scazce affordable housing neighborhoods nises critical environmental justice
issues, development issues of key importance to the city, and economic issues for the city's
employers as well as for workers and home owners and the banks that invest in ow mortgages
and home improvement loans. Over 400 neighbors signed a petition requesting an environ-
� mental assessment, including noise, air and visual pollution for the southemmost terminal alone.
As a violatlon of the zoning code and the city plan, approval of these rivo new trucking facilities
on Minnehaha would constitute a taking in temts of the quality of life in the neighborhood and
the inevitable subsequent decline in property values. Ms. Hummel therefore, respectfully
requested that the Planning Commission not approve the two new trucking terminal site
proposals. In behalf of the neighborhood, she also requested that the Planning Commission
order a noise study, including actual noise measutements to be performed by a consultant
acceptable to the neighbors as well as the developer, and directing all the noise sources and noise
related affects the neighbors have addressed
7. Leah Karlssen, 81 S Tatum Street North, addressed the Commission. She specifically
addressed the landscaping part of the plan. She works as a professional landscape horticulturist
and she has run her own business for nine years. The site plan's landscaping includes one row
of deciduous shrubs that grow to about 3 feet tall interspersed with an occasional deciduous
small tree that gows to about 15 feet tall. These buildings are about 27 feet tall. She made
some suggestions that might provide some noise mitigation, some air pollution mitigation as
well as being visually amactive. There's a 10-foot wide buffer between the buildings on the
edge the property. Accept at the corners where iYs desirable to keep vision free of obstruction,
the plants could be taller in conjunction with the buildings. The tallest ones could be 25 feet or
so. She suggested evergreens as part of the plan because they provide foliage all yeaz round.
She suggested also that plants and trees be planted more densely. In combination, all these
things could do more than provide a visual barrier; they could help with other concerns as well.
In addition, she suggested that something be put into the plan to ensure that the landscaping is
• indeed done upon completion of the buildings, and that it is maintained properly.
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8. Bob Volden, 1817 Van Buren, addressed the Commission. He lives right behind the grocer
on the corner of Fairview and Minnehaha. He helps out at the grocery store and spoke from the
viewpoint ofthe store. His concems aze safery issues and tfie quality of life in the neighborhood.
He thinks that these issues aze possibly threatened by the way this property might be developed.
He takes issue with the presentation of the general azea as presented by Mr. O'Neil. He has
lived in this neighborhood for the past six years. In this neighborhood are approximateIy 200
homes, and if they would be out in the azea at the end of the runway of the airport, it would cost
$16,000 for noise abatement, a federally funded prograni, for the cheapest house. It would cost
$60,000 for the most expensive house. The average house wou[d come to about $45,000.
Taking 200 homes mulriplied by $45,000 equals the potential threat to the quality of life down
the road. As Mr. O'Neil toured from University Avenue, up Aldine and passed McQueen
Trucking—that building is right on Thomas. Going westwazd from Aldine to Fairview, the
facilities are all pretty much sheltered. There activities aze back down offthe road and very few
houses face those buildings. McQueen Trucking itself has a lot of doors, but the main operation
is behind the building and under cover. IYs a very low activiry type of business and doesn't
seem to affect the quality of life too much. Banta Trucking comes and goes off Prior Avenue.
Only Bauer Bilt, the battery company, has any trucks going on and off Fairview. From
Minnehaha to Pierce Butler along Prior, iYs alt industriai, but there azen't any residences there.
The residences are all on the back side. You might say that all these listed companies—McQueen
Trucking, Banta Trucking, Bauer Bill—aze grandfathered-in. If JLT comes in and puts up a
whole bunch of docks, the minute they start operating, they aze grandfathered-in, and the
neighborhood has to live with them. Mr. Volden suggested that is way the City Council put
conditions on the Dawes site.
Mr. O'Neil asked that the Planning Commission approve the site plan in accordance with the
code, providing equality and concern for the neighbors by putting into effect the various stafF
recommendations that JLT Group has indicated they wouid agree with. He asked ihat the
Plauning Commission consider whether or not another noise study is needed since one has
already been done. He indicated that JLT Group will comply with any noise requirements of the
City.
MOTION: Commissioner Faricy moved that the public hearing be dosed and the site plan
be moved to Ihe 11'eighborhood Planning Commillee; Commi.ssioner Nordin seconded the
motion which carried unanimously on a voice vot�
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Zoniag Commii#ee�� �
#99-177 Pat Boemer - Special ec
on the west comer of Chestnut &
West 7" Street (Nancy Homans, :
use permiYfor shazed pazking at the Sandco pazking lot
;e for Patrick McGovem's pub and restaurant at 225
MOTION: Commissioner Gervais move��eperoval of the requested special condition use
permit with conditions for shared parking at the Sandco parking [ot on the west corner of
Chesmut and Exchange for P6trick McGovern's pr�b ¢nd restaurant at 225 West T" Sbeet
�
Mr. Gervais explained that Planuing Commission
of them today.
Commissioner Geisser asked if Patrick McGovem really had 32
a substitute resolution in front
spaces. Ms. Homans
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76. `� U
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PLANNING COMMISSION STAFF REPORT
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1. APPLICANT: JLT Group
2. ClASSIFICATION: Site Plan Review
DATE OF HEARING: 9/10/99
3. LOCATION: 645 Fairview Avenue (southwest camer of Minnehaha and FairviewJ
4. PLANNING DISTRICT: Hamline Midway Coalition (District 11)
5. LEGAL DESCRIPTION: See file
6. PRESENTZONING: I-1
7. STAFF INVESTIGATION AND REPORT:
ZONING CODE REFERENCE: 62.108(c)
DATE: 9/2/99 BY: Tom Beach
8. DATE RECEIVED: 7/29/99 DEADLINE FOR ACTION: 9/27/99
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A. PURPOSE: Site plan review for a new office/warehouse building.
B. PARCEL SIZE: The proposed buiiding and the paved area around it for trucks would be cover 1.8
acres. It would be focated at the northeast corner of a{arger piece of industriat property that runs from
Fairview to Prior on the south side of Minnehaha and covers 14.5 acres
C. EXISTING LAND USE: The site is paved. It is not currently used but was recently used to store
pickup trucks. There are hvo driveways on Fairview but the gates at these driveways are locked.
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. (Zo�ed
R-4, RT-1 and RM-2)
— The area west and south of the site is the rest of the JLT property and 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 Sec4ion H
below.
F. HISTORY: The larger industrial property where this site is located has been had industriai uses for
over 60 years. At one time Control Data was a major tenant. JLT bought the property about 3 years
ago and has been renovating tfie existing buildings.
Earlier this year JLT submitted a site plan for a trucking facility just south of where this building is
proposed. The Pianning Commission and City Council approved the site plan with a number of
conditions, including restrictions on hours of operation and the number of trucks. That decision was
vetoed by the Mayor but upheld by the City Council on a vote of 5-2. JLT has filed a lawsuit against
the City.
A. DISTRICT COUNCIL RECOMMENDATION: The Hamline Midway Coalition requested a public
hearing on this site plan. They have concems about truck traffic, noise and air pollution. They are aiso
concemed that the use of the buiiding has not been determined.
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H. FINDINGS:
1. The proposed building The plan shows an office/warehouse buiiding with 14 truck doors on
the south side of the building. The truck doors woutd face away from the residences to the nor[h �
across Minnehaha so that most of the impact of trucks using the doors would be screened by the
building. However, the doors would be visible to residents across the street on Fairview. The
site ptan shows a 6.5' privacy fence along Fairview south of the building to act as a visuat screen.
The buiiding would cover 29,800 square feet. It would be 360' long on the side facing Minnehaha
and 80' deep (except for a small office projection ort the south side of the building. It would be 27'-
4" taii. The main access shown on the site plan would be from an existing driveway on Fairview
Avenue.
The building would be set back 10 feet from the property line along Minnehaha and Fairview. This
area would be landscaped. The privacy fence along Fairview would be set back 10 feet and this
area woutd be landscaped too.
2. Proposed operation JLT does not have tenants lined up for the building and is building it as a
"spec" buildirtg. This is a common arrartgement for this type of building. However, it has raised
questions among neighbors since they do not know how the building will be used, what the hours
will be, the number and types of trucks etc.
3. 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 cifys adopted comprehensive plan and developmenf or project plans forsub-areas of the
city.
The City's recently adopted Land Use Plan supports "compatible mixed use". It also says the �
City should °consider altematives s�ch as special restrictiorts ort targe trucking frrms.° The
site plan is compatible with the adjacent residen6al neighborhood ff conditions are placed on
the approval that minimize the impact on the nearby residential neighborhood, including truck
traffic, noise, light and the visual impact of this large building.
(b) Applica6le ordinances of the City of Saint Paul.
Office/warehouses are a permitted use in an I-1 zoning district
There is a question about whether the noise from Vucks would exceed the maximum levels
estabiished in the City's noise ordinance. The impact of the Vuck noise on the residences to
the north across Minnehaha would be reduced because the truck doors would be located on
the south side of the building and so the building, which would be almost over 27' high, would
act as a sound barrier. However, noise could be a problem for residences across the
Fairview to the east Therefore, staff recommends that a noise study be done to determine 'rf
additional mitigation is needed to meet ihese noise limits.
There is also a question about whether Fairview Avenue can be used as a truck route. When
the City Council approved the site plan for Dawes Trucking ihey said Dawes could not ase
Fairview but that the City would consider allowing trucks to use Fairview if it was for a use that
generated a low amount of truck Vaffic.
(c) Preservation of unique geologiq geographic or historically significant characteristics of the city
and environmentafly sensitive areas.
The site plan is consistent with this finding. The site is a paved parking lot on industrial •
property.
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•
•
•
The neighborhood has environmental concems about air pollution from existing truck traffic
on the site and the additional traffic that this facility would generate. However, the Minnesota
Pollution Control Agency told staff that a facility this size does not require any review by their
office and shoutd not pose any environmental hazzards for the area.
(d) ProtecSon of adjacent and neighboring properties through reasonable provision for such
mafters as surface wate� drainage, sound and sight 6uffers, preservation of views, light and
air, and those aspects of design which may have substan6al effects on neighboring land uses.
The site pian is consistent with this finding 'rf conditions are piaced on the approvat that
minimizes the impact on the nearby residential neighborhood, inciuding truck traffic, noise,
light and the visuai impact of this large building.
(e) The anangement 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 consistent with this finding if conditions are placed on the approval that
minimizes the impact on the nearby residential neighborhood, including truck traffic, noise,
light and the visual impact of this large building.
(fl Creation ofenergy-conserving design through landscaping and location, orientaYion and
elevation of structures.
The site plan meets current standards for energy conservation and is consistent with this
finding.
(g) Safety and convenience of both vehicular and pedestrian tra�c both within the sife and in
relation to access streets, including traffiC circula6on features, the locations and design of
entrances and exits and parking areas within the site.
(Staff had not heard from Public Works Traffic Engineering on traffic safety at the time this
report was written. Their response wiii be presented at the public hearing.)
(h) The satisfactory availability and capacity of storm and sanitary sewers, including solutions to
any drainage problems in the area of the development.
The site pian is consistent with this finding.
(i) S�cient landscaping, fences, walls and parking necessary to meet the above objectives.
The site plan is consistent with this finding if:
- Additional landscaping is provided on the north and east sides of the site where it would
face the residential neighborhood across Minnehaha and Fairview.
- Sound mitigation measures are instalied if needed to meet the standards of the City's
noise ordinance.
Q) Sfte accessibility in accordance with fhe provisions of the Americans with Disabilities Act
(ADA), including parking spaces, passengerloading zones and accessible routes.
The site ptan is consistent with this finding.
(k) Provision for erosion and sediment control as spec�ed in the "Ramsey Erosion Sediment
and Control Handbook."
The site plan is consistent with this finding.
��
I. STAFF RECQMMENDATiON: 8ased on findings 1-3, staff recommends that fhe site plan be
approved subject to the conditions listed below. These conditions are intended to minimize the impact
of the building on the nearby residential neighborhood, including truck traffic, noise, light and the visual
impact of the large buiiding, •
1. 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 buiiding. Truck traffic may not use Minnehaha Avenue or
Fairview Avenue. The iwo existing 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 negatively impact the adjacent residential neighborhood, the City
would consider permitting reopening driveways to Fairview for these uses as long as this
office/warehouse building did not have access to Fairview. Reopening driveways shall be by permit
2. Noise analysis and noise mitigation A noise analysis must be done by an acoustical engineer.
The acoustica! engineer will be one agreed to by both the City and the appticant The anatysis will
determine the levei of noise that could 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 constructed fo ensure fhat the facilify conforms to
City noise regulations. Such sound mitigation measures must be in place prior to operations. If
another building wiil serve as a sound barrier, the walls must be substantially complete prior to
opera5ons.
In addition, any public address systems must be constructed and configured to minimize public
address noise from adjacent residential neighborhoods. 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 residentiai areas.
3. Truck parking Trucks may not stop or park on Fairview, Minnehaha or other nearby residential
streets. Public Works�arf post signs where needed to help enforce this. �
G,i11
4. Lighting Exterior lighting for the facility must be aimed and shielded to minimize glare light and
light spill over on to adjacent residentia! property.
5. Setbacks and landscaping The setbacks on Minnehaha and Fairview must be planted an Z$•
maintained with ptant materiai approved by site ptan staff and which wili grow at leasf 15 t tall when
mature in order to form a continuous row along the entire north and east sides of the building.
Addifionat tandscaping must be planted around the perimeter of the site wherever noise barriers or
visual screens are required. The noise barriers or visual screens must be setback 10' from the
property Iine to provide adequate room for landscaping. The existing chain link fence in these areas
must be removed.
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PLANNING COMMISSION STAFF REPORT
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1. APPLICANT: JLT Group
DATE OF HEARING: 9l10199
2. CLASSIFICATION: Site Plan Review
3. LOCATION: 625 Prior Avenue (south � comer of Prior and Minnehaha)
4. PIANNING DISTRICT: Hamiine Midway Coatition (District'11)
5. LEGAL DESCRIPTION: See file
6. PRESENTZONING: 1-1
7. STAFF INVES7IGATION AND REPORT:
ZONING CODE REFERENCE: 62.108(c)
DATE: 9/2/99 BY: Tom Beach
8. DATE RECEIVED: 7l29/99 DEADLINE FOR ACTION: 9/27/99
A. PURPOSE: Site plan review for a new office/warehouse buiiding.
B. PARCEL SIZE: The proposed building and the paved area around it for trucks would cover 1.8
acres. It would be located at the northwest corner 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 site is paved but is not currently used. Access to the site is from a
driveway on Prior Avenue.
The rest of the property has a variety of offices and industrial uses and parking. The main building on
the site has approximately 15 loading docks on the south (back) side.
D. SURROUNDING LAND USE:
— The area north of the site (across Minnehaha) is residentiai. (Zoned R-4, RT-1 and RM-2)
— The area west of the site (across Prior) is industrial. (Zoned I-1)
— The area east and south of the site is the rest of the JLT property and 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 larger industrial proper(y where this site is located 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 buiidings.
Earlier this year JLT submitted a site plan for a trucking tacility at the east end of the property. The
Planning Commission and City Council approved the site plan with a number of conditions, including
restrictions on hours of operation and the number of trucks. That decision was vetoed by the Mayor
but upheld by the City Council on a vote of 5-2. JLT has filed a lawsuit against the City.
A. DISTRICT COUNCIL RECOMMENDATION: The Hamiine Midway Coalition requested a public
hearing on this site plan. They have concems about truck traffic, noise and air pollution. They are
also concemed that the use of the proposed building has not been determined.
�I
H. FINDtNGS:
'I. The proposed building The plan shows an o�celwarehouse buiiding with 19 truck doors.
These doors would be on the south side of the buiiding, so they wouid be screened from the �
residences to the north across Minnehaha. The doors would be visible from the industrial
property to the west across Prior. The doors would be screened from the east and south by other
existing industriai buildings on the property.
The building would cover 33,946 square ieet. li would be 360' long on fhe side facing Minnehaha
and 80' deep (except for an office area that wouid project from the south face of the buiiding). It
would be 29'-4" tall. The main access would be from an existing driveway on Prior Avenue
aithougb a car or iruck could reach the buiiding using an exisfing driveway on Minnehaha.
The buiiding wouid be set back 10 feet from the property line along Minnehaha. This area would
be landscaped.
2. Proposed operation JLT does not have tenants lined up for the building and is buiiding if as a
"spec" buiiding. This is a common arrangement for this type of building. However, it has raised
questions among neighbors since they do not know how the building wi11 be used, what the hours
will be, the number and types of Vucks etc.
3. 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 Yhe site plan is consistent with" the
following:
(a) The city's adopted comprehensive plan and developmentorprojectplans forsub-areas offhe
city.
The City's recently adopted Land Use Plan supports "crompatibte mixed use". It afso says the �
City shouid "consider altematives such as special restrictions on large trucking firms.' The
site pian is compatibie with the adjacent residential neighborhood if conditions are placed on
the approval Yhat minimize the impact on the nearby residential neighborhood, including truck
traffic, noise, light and the visuat impact of this large buiiding.
(b) Applicable o�dinances of the City of Sainf Paul.
O�ce/warehouses are a permitted use in an I-1 zoning district.
There is a question about whether the noise from trucks would exceed the maximum Ievels
estabiished in the City's noise ordinance. The impact of the truck noise on fhe residentiai
neighborhood wouid be reduced because the truck doors would be located on the south side
of the building and so the buiiding, which would be aimost 30' high, would act as a sound
barrier. However, staff recommends that a noise study be done to determine if arty additional
mitigation is needed to meet these noise Iimits.
(c) Preservationoiuniquegeologic,geographico�histaicallysign�cantcha2cterrsticsoffhecify
and environmentalfy sensifive areas.
The site plan is consistent wifh this finding. The site is a paved parking fot on industrial
property.
The neighborhood has environmentai concems about air pollution from existing truck traffic
on the site and the additional traffic that this facility would generate. However, the Minnesota
Pollution Controi Agency told staff that this a facility this size does not require any review by .
their office and should not pose any environmentai hazzards for the area.
(d) Protection of adjacent and neigh6oring properties through reasonable provision forsuch
ma(ters as surface water d2inage, sound and sighi buffers, preservation of views, light and
� �
c�-yl3
air, and those aspects of design which may have substantial effects on neighboring land uses.
The site plan is consistent with this finding if conditions are placed on the approval that
. minimizes the impact on the nearby residential neighborhood, including truck Vaffic, noise,
tight and the visual impact of this 4arge building.
(e) The arrangement of buiidings, uses and facilities of the proposed deve%pment in order fo
assure abutting propeRy and/or its occupants will not be unreasonabiy aSected.
The site plan is consistent with this finding if truck traffic is restricted to Prior Avenue.
(� Creation of energy-conserving design fhruugh landscaping and locafion, orientation and
elevation of strvctures.
The site plan meets current standards for energy conservation and is consistent with this
finding.
(g) Safety and convenience of both vehicular and pedesfrian tra�c both within the siEe and in
relation fo access sfreefs, including tra�c circulafion features, the locations and design of
entrances and exits and parking areas wifhin the site.
The site pian is consistent with this finding if aii Wck fraffic uses Prior Avenue and a physical
barrier is constructed on the site to ensure that truck traffic does not use Minnehaha Avenue.
(h) The satisfactory availa6ility and capacity of storm and sanitary sewers, induding solutions to
any drainage probiems in fhe a�ea of fhe development.
The site plan is consistent with this finding.
. (i) Su�cient landscaping, fences, wa1/s and parking necessary to meet the above objec6ves.
The site plan is consistent with this finding if:
- Additional fandscaping is provided on the north side of the buiiding where is would face
the residentiai neighborhood across Minnehaha.
- Sound mitigation measures are installed if needed to meet the standards of the City's
noise ordinance.
Q) Site accessibility in acco�dance with the provisions of the Americans wifh Disabilities Act
(ADA), including parking spaces, passenger loading zones and accessib/e routes.
The site plan is consistent with this finding.
(k) Provision for erosion and sediment contro! as spec�ed in the "Ramsey Erosion Sediment
and Control Handbook"
The site plan is consistent with this finding.
I. STAFF RECOMMENDATION: Based on findings 1-3, staff recommends that the site plan be
approved subject to the conditions listed below. These conditions are intended to minimize the impact
of the building on the nearby residential neighborhood, inciuding truck traffic, noise, light and the visuai
impact of the building.
1. Driveways All truck tra�c to this facility must use the driveways on Prior Avenue. Truck traffic
may not use Minnehaha Avenue or Fairview Avenue. A physical barrier must be constructed on
• the site to ensure that truck Vaffic to this building do not use Minnehaha Avenue.
2. Noise analysis and noise mitigation A noise analysis must be done by an acousticai
engineer. The acousticai engineer will be one agreed to by both the City and the applicant. The
�3
analysis will determine the level of noise that could be anticipated from the facility. if the noise
analysis indicates that the facility without noise mitigation measures will exceed Ieveis permitted
under City noise regulations, sound mitigation measures must be construcYed to ensure that the
facility conforms to City noise reguiations. Such sound mitigation measures must be in place prior •
to operations. If anotfier building will serve as a sound barrier, the wal�s must be substantialiy
complete prior to operetions.
In addition, any pubiic address systems must be constructed and configured to minimize public
address noise from adjacent residentiai neighborhoods. My mechanicai ey,:ipment not
specificaliy analyzed must be construMed and configured to comply with the most restrictive
applicable state or municipal noise standard in order to protect adjacent residential areas.
3. Truck parking Trucks may not stop or park on Fairview, Minnehaha or other neart�y residential
streets. Pubiic Works should post signs where needed to help enforce this.
4. Lighting Exterior lighting for the facility must be aimed and shieided to minimize glare light and
light spill over on to adjacenf residentiai property.
5. Setbacks and landscaping The setback on Minnehaha must be pianted and maintained with
plant materiai approved by site plan staff and which will grow at least 15 feet Yall when mature in
order to form a continuous row along the entire north and east sides of the buiiding.
Additional landscaping must be pianted around the perimeter of the site wherever noise barriers
or visuai screens are required. The noise barriers or visuai screens must be setback 10' from the
property line to provide adequate room for landscaping. The existing chain link fence in these
areas must be removed.
•
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� HAMLINE MIDWAY COALIT
ION
Hamline Park Building � 1564 Lafond Avenue, Saint Paul DL\ »10�t � 6>1-646-1986 • Fas 6>1-641-6133 � districtl I@gofastnet
August 18,1999
Gladys Morton, Chairperson
St. Paul Planning Commission
15 West Kellogg Boulevard
St. Paul MN 55102
Dear Ms. Morton:
The Hamline Midway Coalition, on behalf of neighbors living near Minnehaha,
Fairview and Prior Avenues, requests that the St. Paul Planning Commission hold a
public hearing on two site plans recently submitted by the JLT Company for
office/warehouse buildings: one located at the corner of Minnehaha and Prior
Avenues (July 28, 1999 submission); and, a second located at Minnehaha and
Fairview Quly 30, 1999 submission).
� Neighbors have voiced numerous concerns about these site plans, which are the
bases of our request for a public hearing. Most concerns pertain to both proposals,
namely: -
1) The hours of operation at these proposed facilities and truck access to the lots
after business hours are not known.
2) The anticipated levels of truck traffic, truck idling and resulting noise and
pollution are not known.
3) The use of the proposed warehouses is not known., While storage for most
materials would not raise concerns among neighbors, the possibility of certain
materials such as hazardous, chemical or medical waste, fresh foods (produce,
_^.�eats, fish) znd other items d� presen: concerns.
4) The architectural structure of the proposed sites, especially the very tall, long,
windowless facades along Minnehaha Avenue, would be incompatible with the
residential neighborhood across the street and beyond.
5) The site plans raise additional concerns about traffic safety, specifically:
a) The proposed office/warehouse proposed at Minnehaha and Prior Avenues
is not set back from Prior Avenue and may well create a blind corner for
vehicles traveling west on Minnehaha (as is presently the case on the north
side of that intersection); and,
b) The proposed office/warehouse at Minnehaha and Fairview provides for
trucks to enter and leave the site on Fairview Avenue, directly across the
• street from homes. That arrangement would present a safety hazard,
one of two
Dediarterl to m�rking lhe Hc�mlif�e Alidz��c�g� neid{�borboocl r� better plaee !o lire rrnd uork.
�rv.�dedp:µr- IV�orynw�min�mrxu�e
�
Ms. Gladys Morton
August 18, 1998
Page 2
re: Request for Public Hearing
JLT Company Site Plans
especially for children, and compound the present traffic difficulties in that
area, such as blocked traffic from large trucks moving on and off these heavily
traveled streets and common icy conditions in the winter time (from constant
trafiic fiow fhat pacics "tne snow uefore ic can be ,r remasedj.
We believe that our community members' outstanding questions and concerns
warrant fuller public discussion before by the Planning Comnussion and action by
that body to address them. We look forward to hearing from you concerning this
request. Please contact me or Cathy Lue, HMC community organizer, at (651) 646-
1986.
Sincerely,
7Li � �� f�� `�
Jo i M. Bantley
Executive Director
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JAY BENANAV
Councilmember
February 23, 2000
TO:
PR:
i'i�
CITY OF SAIi� T PAUL
OFFICE OF THE CITY COUNCIL
31Q CIIY HALL
IS WEST KELLOGG BOliLEVARD
SAII�'T PAL'L, MN 55102-1615
PHONE: (651) 266-8640 FAX: (6�1) 266-8574
Council President Bostrom
Councilmembers
Jay Benanav, Councilmember, Ward 4
JLT/HMC Compromise
Attached please find the resolution I will present today, detailing the compromise
reached by the JLT Group and the Hamline Midway Coalition, Council File Nos. 99-299
and 99-300.
Piease contact my office if you have any questions. Thank you for your
consideration.
Attachment
5�66
Pnnted on Recycled Paper
�-yt 3
City Council Resolution
Definitions:
a. Tractor-trailer door. A door that is approxnnately 48" from the grade level.
This type of door can accommodate some 24' and 30' straight trucks as well
as 18-wheel "over the road" tractor-trailer trucks.
b. Drive-in door. A door that is on grade level to accommodate vehicles
entering the building. It would not be used to accommodate tractor-trailer
vehicles.
c. Other dock doors. A door that is less than 48" from grade level (typically
30"). This type of door accommodates delivery vehicles that aze smaller
than tractor-trailer vehicles. These types of vehicles are typically local
delivery vehicles or "UPS" type trucks.
2. Revision to site plan. The building on the southwest corner of Minnehaha and
Fairvew will have a maximum of seven tractor trailer doors and six drive-in/other
doors. The building on the southeast corner of Minnehaha and Prior will have a
maximum of seven tractor-trailer doors and 12 drive-in/other doors. The building
on Fairview (formerly known as "Dawes Building") will have a ma�mum of 12
tractor-trailer doors and 12 drive-in/other doors. Only drive-in doors will be
permitted on the north side of the Fairview building (formerly known as "Dawes
Building").
3. Use of property. JLT Group agrees to use reasonable efforts to lease the
buildings to low intensity users, such as office/wazehouse. JLT will not lease the
buildings to tenants whose primary activity involves the creation or storage of
to�cic or hazardous chemicals. Any occupants of the buildings must comply with
current laws and regulations regarding the storage of hazardous materials. No more
than 8,000 square feet of the site (all three buildings) may be served by hucks
using refrigeration units.
4. Driveways. Ail tractor-trailer truck and city truck traffic to buildings on Fairview
must use the driveways on Prior Avenue. AII tractor-trailer truck and city truck
traffic to the building on Minnehaha and Prior shall use the north driveway on
Prior south of Minnehaha Avenue.
The entrances on Fairvew and Minnehaha are intended for use by private
passenger vehicles and commercial vehicles the size of a UPS delivery van or
smaller. Therefore these entrances will be limited to vehicles no taller than 12' and
cb-y�3
no longer than 26'. To ensure compliance with this requirement, these entrances
must have a permanent overhead baz no higher ihan 12' above grade and shall be
constructed with a median and to a width that will ensure that trucks no longer
than 26' can enter.
JLT and the Hamline-Midway Coalition shall join together with their best efforts
to have the city restrict tractor-trailer truck and city truck traffic on Fairview and
Minnehaha avenues.
5. Hours. At the two buildings on Fairview, no trucks may enter the premises or be
allowed to idle on the premises before 6 a.m. or after 9 p.m. on weekdays and
before 8 a.m. and after 6 p.m. on Saturdays. JLT also shall not lease these two
buildings to tenants who regulazly require truck deliveries on Sundays.
6. Idling. At the two buildings on Fairview, and at the building on Minnehaha and
Prior, truck engines must be turned off whenever trucks aze parked at the door or
on site waiting for more than 30 minutes to load or unload at the dock. A sign must
be posted with this requirement, stating that trucks may not idle more than 30
minutes.
7. Truck Parking. Trucks may not stop or park on Fairview, Minnehaha or other
nearby residential streets. The Saint Paul Department of Public Works will post
signs where needed to help enforce this.
8. Noise analysis and noise mitigation. JLT will not allow any public address
systems on the site.
JLT will conshuct a 12-foot wood barrier on Fairview Avenue between the
buildings facing Fairview Avenue and south of the Dawes building on Fairview,
except across entrances to the site.
JLT shali also install a 6-8 foot wood barrier along Minnehaha between buiidings
and entrances. Because of the e�sting building, the Arthritis Foundation, and the
landscaping around it, the fence will run from the western edge of the building at
the Minnehaha and Fairview and run ta the driveway following the current fence
line. It shall begin again at the western edge of the Arthritis Foundation building
and run to the eastern edge of the Prior and Minnehaha building.
9. Lighting. Exterior lighting for the facilities must be aimed and shielded to
minimize glaze light and light spill over on to adjacent residenual property.
rn--y�3
• 10. Setbacks and landscaping. Building and noise barrier setbacks of at least 10 feet
� as-aze required along Minnehaha and Fairview, except for the 6-8' wood barrier
provided for in Pazagraph 8. These setbacks must be planted and maintained with
plant material approved by site plan staff and which will grow at least 15 to 25 feet
tall when mature in order to form a continuous row along the entire sides of the
buildings and visual barriers facing Minnehaha and Fairview. The existing chain
link fence in these azeas must be removed. The height of the wood barrier fence on
Minnehaha shall be measured from the adjacent street grade level.
11. Safety. JLT and the Hamline Midway Coalition shall join together with their best
efforts to work with the City of Saint Paul to install a three-way stop on the
intersection of Prior and Minnehaha, or an altemative solution that might be
proposed by the City of Saint Paul Public Works Department to control the blind
corner. Public Works requires a resolution to this effect to be passed by the boazd
of directors of the Hamline Midway Coalition.
12. Additional Review. At the request of the Hamline Midway Coalition, which may
occur not more than once in any calendaz year, the Saint Paul Office of Licensing
Inspections and Environmental Protection shall undertake a review of the site to
ensure compliance with these restrictions.
13. Dismissal of litigation. The resolution is being enacted with the consent of JLT
Group and in consideration for this enactment, JLT shall dismiss the matter of
Hiawatha Acquisitions, LLC d/b/a JLT Group, Inc. v. City of St. Paul, venued in
Ramsey County District Court with prejudice. It further agrees that , should this
City Council Resolution be adopted into law, the restrictions enumerated herein
shall apply to the Fairview Building (formerly known as Dawes).
2/23/00
�,
.�
7 �. zm�
� -
JAY BENANAV
Councilmember
February 23, 2000
TO:
FR:
�
CITY OF SAINT PAUI.
OFFICE OF THE CITY COUNCIL
310 CITY HALL
15 WEST KELLOGG BOliLEVARD
SAINl" PAUL, MN 5�102-I615
PHONE: (651) 266-8640 FAX: (651) 266-8574
Council President Bosirom
Councilmembers
Jay Benanav, Councilmember, Ward 4
JLT/HMC Compromise
Gb-�!/3
Attached please find the resolution I will present today, detailing the compromise
reached by the JLT Group and the Hamline Midway Coalition, Council File Nos. 99-299
and 99-300.
Please contact my office if you have any questions. Thank you for your
consideration.
Attachment
5�66
Pnmed on RecyNed Papa
o0-�!!3
City Council Resolution
Definitions:
a. Tractor-trailer door. A door that is approxixnately 48" from the grade level.
This type of door can accommodate some 24' and 30' straight hucks as well
as 18-wheel "over the road" tractor-trailer trucks.
b. Drive-in door. A door that is on grade level to accommodate vehicles
entering the building. It would not be used to accommodate tractor-trailer
vehicles.
c. Other dock doors. A door that is less than 48" from grade level (typically
30"). This type of door accommodates delivery vehicles that aze smaller
than tractor-trailer vehicles. These types of vehicles are typically local
delivery vehicles or "UPS° type trucks.
2. Revision to site plan. The building on the southwest corner of Minnehaha and
Fairvew will have a maYimum of seven tractor trailer doors and six drive-iniother
doors. The building on the southeast comer of Minnehaha and Prior will have a
masimum of seven tractor-trailer doors and 12 drive-in/other doors. The building
on Fairview (formerly known as "Dawes Building") will have a maYimum of 12
tractor-trailer doors and 12 drive-in/other doors. Only drive-in doors will be
permitted on the north side of the Fairview building (formerly lrnown as "Dawes
Building"}.
Use of property. JLT Group agrees to use reasonable efforts to lease the
buildings to low intensity users, such as office/warehouse. JLT will not lease the
buildings to tenants whose primary activity involves the creation or storage of
to�c or hazardous chemicals. Any occupants of the buildings must comply with
curtent laws and regulations regarding the storage of hazardous materials. No more
than 8,000 square feet of the site (all three buildings) may be served by trucks
using refrigeration units.
4. Driveways. All tractor-trailer truck and city truck traffic to buildings on Fairview
must use the driveways on Prior Avenue. All tractor-trailer truck and city truck
traffic to the building on Minnehaha and Prior shall use the north driveway on
Prior south of Minnehaha Avenue.
The entrances on Fairvew and Minnehaha aze intended for use by private
passenger vehicles and commercial vehicles the size of a UPS delivery van or
smaller. Therefore these entrances will be limited to vehicles no taller than 12' and
c.�oo-��3
no longer than 26'. To ensure compliance with this requirement, these entrances
must have a permanent overhead baz no higher than 12' above grade and shall be
constructed with a median and to a width that will ensure that trucks no longer
than 26' can enter.
JLT and the Hamline-Midway Coalition shall join together with their best efforts
to have the city restrict tractor-trailer truck and city truck traffic on Fairview and
Minnehaha avenues.
5. Hours. At the two buildings on Fairview, no trucks may enter the premises or be
allowed to idle on the premises before 6 a.m. or after 9 p.m. on weekdays and
before 8 a.m. and after 6 p.m. on Saturdays. JLT also shall not lease these two
buildings to tenants who regularly require truck deliveries on Sundays.
6. Idling. At the two buildings on Fairview, and at the building on Minnehaha and
Prior, truck engines must be turned ofFwhenever trucks aze pazked at the door or
on site waiting for more than 30 minutes to load or unload at the dock. A sign must
be posted with this requirement, stating that trucks may not idle more than 30
minutes.
?. Truck Parking. Trucks may not stop or park on Fairview, Minnehaha or other
nearby residential streets. The Saint Paul Department of Public Works will post
signs where needed to help enforce this.
8. Noise analysis and noise mitigation. JLT will not allow any public address
systems on the site.
JLT will construct a 12-foot wood barrier on Fairview Avenue between the
buildings facing Fairview Avenue and south of the Dawes building on Fairview,
except across entrances to the site.
JLT shall also install a 6-8 foot wood barrier along Minnehaha between buildings
and entrances. Because of the existing buiiding, the Artluitis Foundation, and the
landscaping around it, the fence will run from the western edge of the building at
the Minnehaha and Fairview and run to the driveway following the current fence
line. It shall begin again at the western edge of the A.rthritis Foundation building
and run to the eastern edge of the Prior and Minnehaha building.
9. Lighting. Exterior lighting for the facilities must be aimed and shielded to
minimize glare light and light spiil over on to adjacent residential properry.
oo-y�3
10. Setbacks and landscaping. Building and noise barrier setbacks of at least 10 feet
agare required along Minnehaha and Fairview, except for the 6-8' wood barrier
provided for in Paragraph 8. These setbacks must be planted and maintained with
plant material approved by site plan staff and which will grow at least 15 to 25 feet
tall when mature in order to form a continuous row along the entire sides of the
buildings and visual barriers facing Minnehaha and Fairview. The e�sting chain
link fence in these areas must be removed. The height of the wood barrier fence on
Minnehaha shall be measured from the adjacent street grade level.
11. Safety. JLT and the Hamline Midway Coalition shall join together with their best
efforts to work with the City of Saint Paul to install a three-way stop on the
intersection of Prior and Minnehaha, or an alternative solution that might be
proposed by the City of Saint Paul Public Works Department to control the blind
corner. Public Works requires a resolution to this effect to be passed by the board
of directors of the Hamline Midway Coalition.
12. Additional Review. At the request of the Hamline Midway Coalition, which may
occur not more than once in any calendar year, the Saint Paul Office of Licensing
Inspections and Environmental Protection shall undertake a review of the site to
ensure compliance with these restrictions.
13. I7ismissal of litigation. The resolution is being enacted with the consent of JLT
Group and in consideration for this enactment, JLT shall dismiss the matter of
Hiawatha Acquisitions, LLC d/b/a JLT Group, Inc. v. City of St. Paul, venued in
Ramsey County District Court with prejudice. It further agrees that , should this
City Council Resolution be adopted into law, the restrictions enumerated herein
shall apply to the Fairview Building (formerly known as Dawes).
2/23/00
ao-y �3
f����l�� --
�
JLT is the applicant for site plan approval. Should go first, after staff report.
� �----�
3LT Side: appeals because it doesn't like 5 of the 8 conditions: (15 minutes) � Jr/a 1�
JLT Group - appeals five Plauving Commission (PC) conditions ���
1) drlveways - access limited to Prioz Ave I/� /Ov
2) hours - 10 pm to 7 am no deliveries
3) truck idling limitation �Z/g �00
4) noise study and mitigation y,/(� /00
5) further review by PC after one year for study of possible additional conditions
Hamline Midway (HMC) Side: appeals because it wants 4 more conditions: (15 minutes)
HMC - want 4 additional conditions
1) limit on truck doors
2) setback from Prior Ave
3) annual reviews by PC
4) prohibition of storage of chemicals, to�ns and refrigerated food
POSSIBLEALTERNATIVE MOTIONS (THERE MAYBE OTHERSZ
�
Motion to grant appeal of the HMC (and deny the appeal of JLT�, and to condition approval
of the present site plan application on the addition of one or more new conditions. The Council
finds that there was an error in one or more findings by the Planning Commission, in that .....*.....
(spell out what was wrong with the PC finding) ...
*PC did not give enough weight to the significant adverse impact of the proposed facility
on the neighborhood -
— the facility will substantially increase air pollution in the area and adversely
affect nearby residential properties;
— trucks wiil be entering the facility at all hours of day and night even when it is
not open, and the noise will be substantial;
— noise even during operating hours will be substantial and adversely affect
the surrounding residential uses;
— truck tr�c will use Fairview and enforcement efforts and conditions will not
be effective to stop that from happening;
— (others, if appropriate)
�J
of
�
>�i�l�y —
> �f�/bo -
�
� Motion to�the appeal of JLT�and deny the appeal of HMC� to approve the site plan
with tl�rrfe�l� ch�es to the findings, conclusions and recommendations of the Plaxuung
\ Commission, oarticularly chan�es in one or more of the eight (8) eapress conditionsa�faHe�
1 ... (spell out the changes or additions to the conditions) ... �- �
- �a, d�.
the s�ilan and to adopt the