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HomeMy WebLinkAboutPlanning Commission Minutes 02-06-2008Approved Minutes City of Plymouth Planning Commission Meeting February 6, 2008 MEMBERS PRESENT: Vice Chair Karl Neset, Commissioners Terry Jaffoni, Erik Aamoth, John Cooney and James Davis. MEMBERS ABSENT: Chair James Holmes and Commissioner Frank Weir STAFF PRESENT: Community Development Director Steve Juetten, Planning Manager Barbara Senness, Senior Planner Shawn Drill, Planner Joshua Doty, City Engineer Bob Moberg, Transit and Solid Waste Manager Sarah Hellekson and Office Support Specialist Laurie Lokken 1. CALL TO ORDER - 7:00 P.M. 2. PLEDGE OF ALLEGIANCE 3. PUBLIC FORUM 4. APPROVAL OF AGENDA MOTION by Commissioner Jaffoni, seconded by Commissioner Davis, to approve the February 6, 2008 Planning Commission Agenda. Vote. 5 Ayes. MOTION approved. 5. CONSENT AGENDA A. APPROVAL OF THE JANUARY 2, 2008 PLANNING COMMISSION MINUTES MOTION by Commissioner Davis, seconded by Commissioner Aamoth, to approve the January 2, 2008 Planning Commission Minutes. Vote. 5 Ayes. MOTION approved. 6. PUBLIC HEARING A. LAKEWEST DEVELOPMENT COMPANY, LLC (2007100) Vice Chair Neset introduced the request by LakeWest Development Company, LLC for a preliminary plat for six single-family lots on Outlot A of Heritage Woods Estates 2nd Addition located northeast of 57th Avenue and Teakwood Lane. Senior Planner Drill gave an overview of the January 29, 2008 staff report. Approved Planning Commission Minutes February 6, 2008 Page 2 Commissioner Aamoth asked how long this particular development proposal has been in the works with the City and if the applicant has had an opportunity to withdraw their request. Senior Planner Drill said that the Planning Commission made a recommendation in August 2007 that went to the City Council in September on the pre -application sketch for this site. He said the application was submitted in November 2007 and in January 2008, the City Council adopted the moratorium. He said that the applicant was given an opportunity to withdraw their application. Commissioner Jaffoni asked why the property was rezoned in 1996. Senior Planner Drill said that was part of a City-wide rezoning of every property in Plymouth. He said that in conjunction with the new Zoning Ordinance that was adopted at that time, one of the goals was to eliminate most PUDs and rezone them to conventional districts. He said that this former PUD was rezoned to RSF-2. Commissioner Jaffoni asked if the lot size for this development would be much smaller than the surrounding area or if it would be comparable. Senior Planner Drill said that it would be comparable. Commissioner Aamoth asked what impact this had on the developer to delay the proposal. Senior Planner Drill said that question would be deferred to the applicant. Vice Chair Neset introduced the applicant, Curt Fretham, representing the developer. Mr. Fretham said they are financially committed to the project. He said that it would be hard to walk away at this point. Commissioner Aamoth asked if he felt that they received adequate communication from the City throughout the process. Mr. Fretham said that they understand, to a degree, but they also feel that they started on this a long time ago. He said that they have worked with staff and a lot of work has been done to get to this stage. Vice Chair Neset opened the public hearing. Vice Chair Neset introduced Neil Christenson, 5625 Underwood Lane North. Mr. Christenson said that at the time of his property closing in 1998, nothing was discussed that indicated that there was an outlot or a Homeowners Association in this neighborhood. He said that this outlot serves no purpose and that no one is using this lot. He said that there is another outlot on Pinewood and that outlot is being left natural. He said that he doesn't understand where the City Council is coming from to stop a development that would provide a tax base. Vice Chair Neset introduced Cindy Dawson, 13320 56th Avenue North. Ms. Dawson said that she is representing the Homeowners Association. She said that in the fall of 2006, Approved Planning Commission Minutes February 6, 2008 Page 3 they learned that they had the option to go ahead with a sketch design. She said that they came to the Planning Commission and to the City Council. She said that the developer worked many hours on this plan and it was finally complete. She said this outlot has been deemed legally able to be built upon. She asked why this interim ordinance was even brought up when no other outlots are being developed right now. She said that they have gone through legal processes on this outlot since the 1996 rezoning of all outlots. She said they have worked with a realtor, the land sale is pending and is legally binding to the City's decision. She said asked what is going to happen during the six months and what the impact will be to them when the ordinance is lifted. Vice Chair Neset introduced Karen Behm, 13230 57th Avenue North. Ms. Behm said that she purchased her home in June 1997 and didn't find out until the closing that there was a Homeowners Association. She said that in 2004, a letter was mailed by the Association asking for an annual fee to maintain the outlot. She said that after many did not pay the fee, another letter was mailed in August 2004 seeking the possibility of selling the outlot so that they did not have to carry the liability. She said that the Homeowners Association did not keep up with filing with the State and in April 2006 another letter was mailed asking for an annual fee for the outlot. She said that in May 2006, a new board was elected that had the expertise to allow for selling the outlot to a developer. She felt that after she left the August 2007 Planning Commission meeting that this was a done deal, but then was made to feel shame from the City Council at their September 2007 meeting that they wanted to develop the outlot. She asked what is expected to be accomplished in the six- month moratorium. She asked that if the City decided that it must remain intact, that they consider the location of the outlot located along Northwest Boulevard. She said that open space is nice, but to please consider the requirement of the outlot, the location of the outlot and take into account that it's the desire of the majority of the Homeowners Association to be released from the liability of the outlot. Vice Chair Neset introduced Carol Freeman -Richardson, 13200 56th Avenue North. Ms. Freeman -Richardson said that she is concerned about the integrity of the City Council to allow a Homeowners Association and developer to go through this entire process and then once the preliminary plat is complete, to place a moratorium. She said that it seems like the City is discriminating against this development that would provide great value to the City. Vice Chair Neset closed the public hearing. Planning Manager Senness said that during the six month moratorium period, staff would be looking at how to organize, research and approach the issue. Vice Chair Neset asked what was within the scope of the Planning Commission to do. Planning Manager Senness said that the ordinance that was passed by the City Council in Approved Planning Commission Minutes February 6, 2008 Page 4 January 2008 basically says that pending the completion of the study, there would not be any applications processed or approved. Senior Planner Drill said that there are issues with the current plat. He said that staff has been working with the developer and engineering firm representing the developer to resolve the issues concerning a way to provide access to the pond located in the development, to provide easements and to provide the route to the pond so that it can be maintained. He said that with landscaping, there is a tight fit to get everything in this lot and maintain the six homes on the property. Senior Planner Drill confirmed for Vice Chair Neset that the developer can continue to work with staff on those issues. Commissioner Davis said that at the August 15, 2007 Planning Commission meeting, it was mentioned that the City had an issue with the width of the street being 24 feet and 28 feet is required. Senior Planner Drill said that this issue has been resolved. Commissioner Jaffoni said that the Planning Commission doesn't have much latitude to do anything else but to deny this preliminary plat. She asked if the preliminary plat would then go to City Council or if this application would be placed on hold until the six month period is concluded. She asked if the developer can continue working on this development or if it would require a lot of money if the City denies development of outlots. Planning Manager Senness said that this application would go to City Council for denial as well. She said that according to the Zoning Ordinance, once an application has been denied, a similar project cannot be brought forward again for six months. She said if the application was withdrawn, after the moratorium period, the developer can move forward again. She said they would not have to wait the six months. Commissioner Jaffoni asked if any of the other 12 outlots are in a similar situation. Planning Manager Senness said that staff is not aware of any other similar situations on the other outlots. Commissioner Cooney asked if after the six months, the only way the developer can resubmit this development is if the plans change. Planning Manager Senness said that they cannot resubmit for six months, but that they then could submit the same plans after that time. Commissioner Davis said that there is not much the Planning Commission can do except to deny the application. Approved Planning Commission Minutes February 6, 2008 Page 5 MOTION by Commissioner Davis, seconded by Commissioner Jaffoni, to deny the request by LakeWest Development Company, LLC for a preliminary plat for six single- family lots on Outlot A of Heritage Woods Estates 2nd Addition located Northeast of 57th Avenue and Teakwood Lane. Roll Call Vote. 5 Ayes. MOTION approved unanimously. B. ISD #284 WAYZATA PUBLIC SCHOOLS (2007112) Vice Chair Neset introduced the request by ISD 4284 Wayzata Public Schools for a site plan amendment and conditional use permit amendment for the construction of a building addition and parking expansion at Oakwood Elementary School located at 17340 County Road 6. Planner Doty gave an overview of the January 29, 2008 staff report. Commissioner Cooney asked where buses will pick up kids. Planner Doty said that question would be deferred to the applicant. He added that the width of the lane should still allow for vehicles to move through the drive aisle. Commissioner Davis asked if the proposed building addition would be going in a current grass area, that it is an extension of the building and that it is not taking away from the driveway. Planner Doty said that was correct and that the majority of the addition would be in the grass area. Commissioner Jaffoni asked if the fire lane on the west side would be impacted. Planner Doty said the fire lane is not proposed to change and that it would continue to extend through parking spaces. Planner Doty confirmed for Commissioner Jaffoni the total number of parking spaces required and that additional spaces were needed to accommodate the playfields. Vice Chair Neset introduced the applicant, Joe Matson, representing Wayzata Public Schools. Mr. Matson said that buses will continue to use the fire lane along the west side of the building and the addition would not have any impact. Vice Chair Neset opened and closed the public hearing as there was no one present to speak on the item. Commissioner Aamoth said that it is a good idea to take care of the parking issue. MOTION by Commissioner Davis, seconded by Commissioner Aamoth, to approve the request by ISD #284 Wayzata Public Schools for a site plan amendment and conditional use permit amendment for the construction of a building addition and parking expansion at Approved Planning Commission Minutes February 6, 2008 Page 6 Oakwood Elementary School located at 17340 County Road 6. Roll Call Vote. 5 Ayes. MOTION approved unanimously. C. CITY OF PLYMOUTH (20080001) Vice Chair Neset introduced the request by the City of Plymouth for an interim use permit to allow reduced parking for a Plymouth Metrolink park-and-ride to be located at the Southwest corner of Nathan Lane and 45th Avenue North. Planner Doty gave an overview of the January 29, 2008 staff report. Planner Doty noted that additions to the submitted correspondence in the staff report had been received and added to public record. Commissioner Cooney asked about the time lapse if the lease termination at the Four Seasons Shopping Center is effective in February and this site will be available this summer. Planner Doty said that the current lease agreement would terminate on February 16, 2008. If the interim use permit is approved, the park-and-ride at this site would be started before the current lease termination at Four Seasons. He said that the bus shelter and sidewalks would be added in the summer of 2008. Commissioner Jaffoni asked how many buses there would be and the timeframe when people come and go. She said that people ride the bus at different times but that most people would probably arrive in the morning to go to work between the hours of 6:30 a.m. and 8:00 a.m. She said the parking spaces would fill up and then empty quickly during rush hours. Planner Doty said that the main activity would be between 6:00 a.m. and 8:10 a.m. in the mornings and from 4:00 p.m. to 7:40 p.m. He said that 80 to 90 percent of the people would leave to go home between 4:00 p.m. and 5:30 p.m. Planning Manager Senness added that the number of buses serving that area is not going to change. Commissioner Jaffoni asked if the reduced number of parking spaces would be an issue for Cub Foods and if they are in agreement with this request. Planner Doty said that the property owner has signed off on this application and is fine with the recommendations. Commissioner Davis asked that if this site adds 120 parking spaces, how many parking spaces are currently at Four Seasons. Planner Doty said that this site matches up very closely with Four Seasons, which is for 119 spaces, and that the usage is strong. Transit and Solid Waste Manager Hellekson added that an average of 115 parking spaces are used at Four Seasons. Vice Chair Neset asked when the earliest and when the latest buses run. Planner Doty said the earliest run is roughly 6:00 a.m. and the latest run is roughly 7:40 p.m. Approved Planning Commission Minutes February 6, 2008 Page 7 Vice Chair Neset asked if there is a landscaping plan included with the sidewalk addition and if there would be any changes that would impact the existing landscaping to the parking lot. Planner Doty said that the sidewalks could be installed around the existing trees. Vice Chair Neset asked if additional coniferous trees could be added to the north side to screen the lights of parking cars in the evenings. Planner Doty said that the Planning Commission could add this to the recommendation. City Engineer Moberg said that they envision replacing many areas of the sidewalk and to provide a connection to the trail. He said they may also add a sidewalk on the north side of 45th Avenue, where there are no sidewalks now. He added that there is a possibility to add screening, but would need to be balanced with security concerns. Commissioner Davis asked what the distance would be from the parking spaces to the closest house to the north of the site. Planner Doty said he did not have the exact measurement and an aerial shot of the site was reviewed visualizing the distances. Vice Chair Neset opened the public hearing. Vice Chair Neset introduced Bob Ostvig, 4300 Trenton Lane North, #312. Mr. Ostvig said that the traffic levels are not represented correctly and that it does get quite busy at the intersection of Revere Lane and 45th Avenue. He said there is also a bottleneck for people at the entrance of Cub Foods and so people are using the back entrance. He said that the design of the intersection at Nathan Lane and 45th Avenue is poor and that turning buses block traffic until passengers are unloaded. He said that congestion there could easily be over the capacity. Mr. Ostvig said that this is also a property rights issue because this kind of change does affect access to the roads that are around that area. He said that affects property values. He said that if the park-and-ride is set up, that it will make it less easy for people to access State Highway 169 South. He said that public transit is not a property right and that property rights need to be preserved. He said that a park-and-ride would be servicing people from outside the area and that perhaps they should be served in their own community. Mr. Ostvig said that he had observed this project for quite awhile. He said the City waited until the last minute to find this solution. He said the Trenton Condominium Association has been trying to provide ideas. He said that there is already sufficient bus service with the bus stop that is there. Vice Chair Neset introduced Ruth Carey, 4350 Trenton Lane North, #210. Ms. Carey said that she first heard of this application from a Homeowner Association member at their meeting on January 23rd. She said that no one had received notification about this from the Approved Planning Commission Minutes February 6, 2008 Page 8 City. She said that she reviewed the correspondence provided in the staff report and she was very impressed with the level of attention that their concerns were given. Ms. Carey said that she supports mass transit and that safety should be maintained. She said that she is concerned about the overflow of vehicles to areas not marked for park-and- ride and if Cub Foods would allow for more spaces to be taken with growth. She said there would be no parking on 45th Avenue or Nathan Lane and that she would also like there to be no parking on Revere Lane. She said there is no sidewalk and pedestrians have to walk in the lane of traffic now, so if there were to be parked cars along the road, the pedestrians would be further into the lane of traffic. She said that she would like a second entrance from 45th Avenue, not just from Nathan Lane, as this is a heavily traveled road and there would be a bottleneck at the entrance. Vice Chair Neset introduced Bruce Hagberg, 10455 43rd Avenue North. Vice Chair Neset noted that a summary of his concerns had been received and added to public record. Mr. Hagberg said that traffic congestion is an issue and the park-and-ride traffic will increase the number of accidents at Rockford Road and Nathan Lane. He said that he attended the meetings when Cub Foods sold part of their parking lot for a strip mall. He said that was a very good idea because of excess parking; however, not all of the retail spaces are full yet and Cub Foods still has additional vacant retail spaces. He asked what would be required for the additional retail parking. Mr. Hagberg said that all of this parking lot has to be cleared of snow and that the snow is currently being piled in the proposed park-and-ride area. He said that when the snow melts, it travels to the holding pond. He said that with the increased amount of cars, there would be more pollution in that area from car oil and antifreeze. Mr. Hagberg said that this area is going to get congested and that semitrailers from Cub Foods would create more traffic. He said other businesses along Nathan Lane are trying to attract customers and they would be impacted by the congestion. He said that air quality would be diminished and that noise pollution can't be shielded from the neighborhood. Mr. Hagberg said that cost can't be the sole solution to this problem. He said that the City has known about the parking problem for two years at Four Seasons and that there are other places to put parking. He said there has been poor planning in this situation. Vice Chair Neset closed the public hearing. City Engineer Moberg said that prior to working for the City of Plymouth, he worked for a consulting firm on the design of Nathan Lane and is very familiar with the history. He said that the traffic flow on Nathan Lane has several thousand vehicles traveling per day and Approved Planning Commission Minutes February 6, 2008 Page 9 that when adding another 120, the impact is going to be negligible. He said they do not have traffic volumes on 45"' Avenue as the City is not in the position to do traffic counts on every street. He said that the 2001 traffic study did indicate that the intersection of 45th Avenue and Nathan Lane, even in 20 years with growth, would not need a traffic signal. City Engineer Moberg said that when the traffic signal was put in at Nathan Lane and the frontage road, no northbound left turns were allowed in to Cub Foods. He said the exit on Nathan Lane on the north side of the Cub Foods building is an exit only. He said it was designed and constructed that way so no traffic can turn in at this location. City Engineer Moberg said that posting "no parking" on Revere Lane can be looked at. He said that parking is allowed except during snow removal. He said that if a petition was received from the neighborhood, they could look at their request and do an evaluation at that time. He said they would not just go in and put up "no parking" signs. He said that parking on Nathan Lane is prohibited and that would not change. Vice Chair Neset asked about parking on 45th Avenue. City Engineer Moberg said that is a local street and is not posted for no parking. Vice Chair Neset asked about snow removal. Community Development Director Juetten said that the contract lease agreement to be presented to the City Council does take into consideration that it would be the City's responsibility to remove snow off-site. Vice Chair Neset asked where the snow would go. City Engineer Moberg said that a certain volume of snow removal ends up at the Public Works facility for storage there. Vice Chair Neset asked if the total number of parking spaces took into consideration the full use of the building. Planner Doty confirmed that parking calculations took into consideration the full use of the entire center. Vice Chair Neset asked that if this application is approved and they start to have traffic issues, how quickly can striping changes occur to improve traffic flow. City Engineer Moberg said it is not difficult to do. He said the intersection at 45th Avenue and Nathan Lane is currently a two-lane configuration and can be changed to a three -lane configuration. Vice Chair Neset asked if there is a stoplight planned. City Engineer Moberg said that in the 2001 traffic study, the 20 -year window still did not require a stoplight. Commissioner Aamoth asked where the overflow parking will go. Community Development Director Juetten said the vehicles will flow further into the Cub Foods parking lot. He said the parking lot can accommodate up to 150 park-and-ride spaces but that if it goes over 150 spaces, the City would have to look at another site. He said that from the analysis, the morning traffic using the parking lot is going to be less of a concern. Approved Planning Commission Minutes February 6, 2008 Page 10 He said that 6:00 p.m. to 8:00 p.m. will be more of a concern. He said that highest use is after rush hour traffic and weekend use of Cub Foods. Vice Chair Neset said that he understands the impact on the surrounding neighborhood and that it is unfortunate that the park-and-ride can't stay where it is. He said there are still a number of things that the City can do to screen and enforce the proper use of it. He said that he supports the idea of no parking on Revere Lane and he does not want to see people spilling over onto city streets, but rather into the Cub Foods parking lot. He said that if traffic becomes a problem, then there will have to be additional enforcement or look at changing things. Commissioner Jaffoni asked if there is any way to be released from the 20 -year lease. Community Development Director Juetten said that there are ways incorporated in to get out of the lease; such as if funding falls apart or if we need more than 150 parking spaces. Commissioner Jaffoni said that we need facilities like this. She said that she can see the necessity to make a decision right away and can see the citizens' concerns. She said that she struggles with traffic studies and that residents will see more congestion at peak times than what may be reflected in traffic studies. She said that she is concerned about traffic flow but is more concerned about growth in the use of transit. She said there will be an increased rate of growth as more people increase their use of public transit. She said that if there were a clause to allow the City to look for a larger facility to replace this, that would be great because then there is an out; and it sounds like we have that. She said that in the interim, as long as traffic is monitored, if it can be alleviated when problematic and if we remain cognizant of these issues, this can move along. MOTION by Commissioner Davis, seconded by Commissioner Cooney, to approve the request by the City of Plymouth for an interim use permit to allow reduced parking for a Plymouth Metrolink park-and-ride to be located at the southwest corner of Nathan Lane and 45th Avenue North. Roll Call Vote. 5 Ayes. MOTION approved unanimously. 7. NEW BUSINESS A. PLANNING COMMISSION 2007 ANNUAL REPORT AND 2008 WORK PROGRAM Planning Manager Senness gave an overview of the January 18, 2008 staff report regarding the 2007 Planning Commission annual report and the 2008 work program. Commissioner Jaffoni complimented the author on a very nice job. Commissioner Davis added that he appreciates the incredible amount of information about what's going on in the city. Planning Manager Senness stated that this was completed through a group effort. Approved Planning Commission Minutes February 6, 2008 Page 11 MOTION by Commissioner Jaffoni, seconded by Commissioner Davis, recommending approving the 2007 annual report and adopting the 2008 work program. Vote. 5 Ayes. MOTION approved. B. ELECTION OF PLANNING COMMISSION CHAIR AND VICE CHAIR FOR 2008 MOTION by Commissioner Davis, seconded by Commissioner Cooney to approve James Holmes as Chair of the Planning Commission for 2008. Vote. 5 Ayes. MOTION approved. MOTION by Vice Chair Neset, seconded by Commissioner Jaffoni to approve James Davis as Vice Chair of the Planning Commission for 2008. Vote. 5 Ayes. MOTION approved. C. APPOINTMENT OF PLANNING COMMISSIONER TO SERVE AS LIAISON TO THE PARK AND RECREATION ADVISORY COMMITTEE Commissioner Davis volunteered to serve on the committee. MOTION by Vice Chair Neset, without objection, nominating Commissioner Davis to serve as liaison to the Park and Recreation Advisory Committee. Vote. 5 Ayes. MOTION approved. 8. ADJOURNMENT MOTION by Vice Chair Neset, without objection, to adjourn the meeting at 8:45 P.M.