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.
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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,
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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
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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.
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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
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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.
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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
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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
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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.
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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.
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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.