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HomeMy WebLinkAboutPlanning Commission Minutes 11-17-2004Approved Minutes City of Plymouth Planning Commission Meeting November 17, 2004 MEMBERS PRESENT: Vice Chair Frank Weir, Commissioners James Holmes, Melissa Musliner, Kendall Griffith, Sarah Anderson and Nancy Franke -Wilson MEMBERS ABSENT: Chair Peggy Larson STAFF PRESENT: Community Development Director Anne Hurlburt, Planning Manager Barbara Senness, Senior Planners Marie Darling and Shawn Drill, Planner Joshua Doty, City Engineer Ron Quanbeck, and Office Support Representative Janice Bergstrom 1. CALL TO ORDER - 7:00 P.M. 2. PLEDGE OF ALLEGIANCE 3. PUBLIC FORUM 4. APPROVAL OF AGENDA MOTION by Commissioner Griffith, seconded by Commissioner Anderson, recommending approval of the November 17, 2004 Planning Commission Agenda. Vote. 6 Ayes. MOTION approved. 5. CONSENT AGENDA A. APPROVAL OF THE NOVEMBER 3, 2004, PLANNING COMMISSION MINUTES MOTION by Commissioner Griffith, seconded by Commissioner Anderson, approving the November 3, 2004 Planning Commission Minutes. Vote. 6 Ayes. MOTION approved. 6. PUBLIC HEARINGS A. CITY OF PLYMOUTH (2004018) Vice Chair Weir introduced the request by the City of Plymouth for Zoning Ordinance text amendments to allow additional uses in the industrial districts. Senior Planner Drill gave an overview of the November 9, 2004 staff report. Approved Planning Commission Minutes November 17, 2004 Page 2 Vice Chair Weir opened and closed the public hearing as there was no one present to speak on the item. MOTION by Commissioner Griffith, seconded by Commissioner Wilson, to approve the request by the City of Plymouth for Zoning Ordinance text amendments to allow six additional uses in the industrial districts. Roll Call Vote. 6 Ayes. MOTION approved unanimously. B. WELSH COMPANIES (2004129) Vice Chair Weir introduced the request by Welsh Companies for rezoning from C-1 Convenience Commercial) to C-2 (Neighborhood Commercial) for the vacant site located at the southeast corner of the intersection of Peony Lane and Old Rockford Road. Planner Doty gave an overview of the November 8, 2004 staff report. Commissioner Anderson asked what the zoning classification is for the Culvers located west of this site. Planner Doty responded the Culver's is zoned C-3. He added the C-1 zoning has smaller list of permitted uses which are lower impact, neighborhood commercial uses. Planner Doty said the C-2 is also a neighborhood commercial zoning but has a larger list of uses. He said in 2000 the City approved a development request which included a gas station, office, and carwash under the C-1 zoning, which is one of the more intense use that could be allowed under C-1 zoning. Commissioner Anderson asked if the size is the only reason it is zoned C-1. Director Hurlburt said the current zoning ordinance was adopted in 1996 and this lot was created as part of a PUD prior to that date. Because of its small size and expected uses, the C-1 zoning was the best fit at the time. Vice Chair Weir introduced the applicant, Jeff Minea, 18805 37th Avenue North. Mr. Minea said he has been marketing this property and stated there are few retailers who want to be in this location because there is limited visibility and the site does not have access to Highway 55. Mr. Minea said if the property were zoned similarly as the commercial properties to the west, this site would be easier to develop and there would be more conveniences for the neighborhood. He added currently there is no developer. Vice Chair Weir opened the public hearing. Vice Chair Weir introduced Sharon Worth, 17600 43rd Avenue North. Ms. Worth said there are a lot of exceptions required to change the zoning from C-1 to C-2. She asked how long will the amending go on and if the developer gets a C-2 zoning, would neighbors be notified as to future Approved Planning Commission Minutes November 17, 2004 Page 3 changes such a limiting hours for projects for the site. She said this is a nice quiet residential area with expensive homes. Director Hurlburt responded since the zoning has not been determined and there is no plan yet, hours and regulations of businesses are not known. Hours of operation would depend on the business. Public hearings might be needed for some uses. Vice Chair Weir introduced Tracy Swwed, 4255 Merrimac Lane N. #50. Ms. Swwed said she has lived in this neighborhood for seven years. While sympathetic to Welsh Companies' inability to market the property, Ms. Swwed said, "tough luck". Ms. Swwed said she does not want the property rezoned as C-1 is a broad enough zoning, and suggested the developer drop the price of the property and sell it to the community. Vice Chair Weir introduced Munir Meghjee, 17725 45th Avenue North. Mr. Meghjee said he is against the proposed zoning change and concurs with Ms. Swwed. He said it is wrong to compare this property to C-3 properties on the west side of Peony which have access to Highway 55. Mr. Meghjee said this piece of property is surrounded by residential properties and it is hard for the public to comment without a specific proposal to review. He urged the Planning Commission to keep the C-1 zoning and said they should not be helping the developer to get a higher price for the property. Vice Chair Weir introduced Larry Worth, 17600 43rd Avenue North. Mr. Worth said he purchased 2 properties in the Rottlund development and part of their marketing plan was to describe the use of this property as C-1. He said there was not a hint that the property would be rezoned, nor amendments to C-1 zoning. He said he was not consulted about it. Vice Chair Weir closed the public hearing. Commissioner Anderson pointed out that Item 7A on the agenda addresses combining C-1 and C-2 zonings and she does not see a major difference between these classifications as to what would fit in this property, which she drives by every day. Commissioner Anderson said the residents would have the opportunity to review site plan proposals presented by a developer. Commissioner Anderson said she does not want to table this since C-1 zoning might be totally eliminated and would like to give the developer some relief to proceed with developing. She said the size is the only issue. Director Hurlburt responded that the minimum district area would not be met if this property is rezoned to C-2 and that is one basic criteria. She added that even if they knew the development plan, staff could not recommend rezoning at this time. Commissioner Anderson said if we are considering eliminating the C-1 zoning then tabling the item is delaying the inevitable. Approved Planning Commission Minutes November 17, 2004 Page 4 Director Hurlburt said that because the City has a very high level of discretion on rezoning, it is not usually done in advance of a development proposal instead the City usually waits to see what effect the plan would have. Commissioner Anderson asked if this is the only C-1 property in the City. Commissioner Wilson concurred with the staff's recommendation to table because it is not known what is proposed for the site. Commissioner Griffith said he agreed to table the item. He said if the C-1 zoning is eliminated, future proposals for this property would follow that. Commissioner Holmes concurred with Commissioners Wilson and Griffith to table the item as it does not make sense to him to change zoning at this time knowing there is a possible impending change. MOTION by Commissioner Griffith, seconded by Commissioner Wilson, to table the request by Welsh Companies for rezoning from C-1 (Convenience Commercial) to C-2 (Neighborhood Commercial) for the vacant site located at the southeast corner of the intersection of Peony Lane and Old Rockford Road. Roll Call Vote. Vote. 5 Ayes. Commissioner Anderson voting nay. C. RED DEVIL EQUIPMENT (2004134) Vice Chair Weir introduced the request by Red Devil Equipment Co. for a conditional use permit to allow outdoor storage of trailers for property located at 14900 -21St Avenue North. Planner Doty gave an overview of the November 8, 2004 staff report. Planner Doty added there was a revised resolution with a condition stating trailers shall be moved on and off the site only between 7:00 a.m. and 5:00 p.m. with no weekend activity. He said this condition was added based on a conversation with a neighboring property owner. Planner Doty said the applicant has an existing agreement with United Trailer Leasing matching these hours of operation. Commissioner Holmes asked if the trailers at this site are loaded or empty. Planner Doty responded the trailers are mostly empty and said that United Trailer has a business related to storage of tires and that part of the business will be moving to another location within a month. Vice Chair Weir introduced the applicant, Mike Yelich representing Red Devil Equipment Company located at 14900 21St Avenue North. Mr. Yelich stated he agrees with the staff report and revised resolution. He added that he has received preliminary quotes for fencing and screening will not be a problem. Approved Planning Commission Minutes November 17, 2004 Page 5 Vice Chair Weir opened and closed the public hearing as no one was present to speak on the item. MOTION by Commissioner Griffith, seconded by Commissioner Wilson, to approve the request by Red Devil Equipment Co. for a conditional use permit to allow outdoor storage of trailers for property located at 14900 -21St Avenue North. Roll Call Vote. 6 Ayes. MOTION approved. 7. NEW BUSINESS A. CITY OF PLYMOUTH (2004057) Vice Chair Weir introduced the request by the City of Plymouth to consider rezoning from C-2 Neighborhood Commercial) to C-1 (Convenience Commercial) for properties located at 1113- 1123 Vicksburg Lane. Senior Planner Darling gave an overview of the November 9, 2004 staff report. Commissioner Anderson pointed out that the City of Plymouth is not a city that can support snack shops standing alone. She said that is a concern and the City Council will need to take that into consideration should Welsh Companies (6B) develop a plan as the limitations within C-1 zoning make it difficult to exercise their property rights. Commissioner Wilson said she is in favor of leaving the Vicksburg Plaza Shopping Center zoned C-2. Commissioner Holmes concurred with Commissioner Wilson based on staff's conclusion that the noise complaints were enforcement issues rather than a zoning issue. MOTION by Commissioner Anderson, seconded by Commissioner Holmes, recommending that the properties located at 1113-1123 Vicksburg Lane should remain zoned C-2 (Neighborhood Commercial). Roll Call Vote. 6 Ayes. MOTION approved. B. LUNDGREN BROS. CONSTRUCTION, INC. (2004070) Vice Chair Weir introduced the request by Lundgren Bros. Construction, Inc. for an Environmental Assessment Worksheet (EAW) for Taryn Hills, a proposed development to be located on 237.8 acres lying east of Vicksburg Lane and north and south of County Road 47. Senior Planner Drill gave an overview of the November 9, 2004, staff report. Vice Chair Weir introduced the developer, David Hinners, representing Lundgren Bros. Construction. Mr. Hinners said he had a good meeting with neighbors last week and said many of their questions centered around traffic, roads, landscaping and buffering. Approved Planning Commission Minutes November 17, 2004 Page 6 Vice Chair Weir introduced Tom Cooley, 15081 62nd Avenue North, Maple Grove. Mr. Cooley said he represented the Highpointe Hills and Rosemary Woods' neighborhoods to the west of the proposed development. Mr. Cooley congratulated Lundgren Bros. for their respect for the environment and said they have done a good job preserving ponds and a stand of white pines on the site. He also liked the number of trails proposed. Mr. Cooley said he likes the park near the outlot area but would not want a road on the outlet. He said the neighborhood would like to work with Lundgren on final designs of the plot plan. Mr. Cooley said there would be two roads adjoining the Maple Grove boundary behind their houses which would give some homes in this neighborhood a road in the front and back of their houses. He mentioned there are some steep grades which would require landscaping. Mr. Cooley said they would like the City to upgrade the infrastructure to carry the traffic prior to development. He said if anything goes wrong on I- 494, Vicksburg Lane is an overflow. Bass Lake Road will be under construction next year and CR 47 will be the overflow for that. Mr. Cooley said they would like to see two proposed houses on the north side replaced with greenway or berm for buffering. Commissioner Wilson noted that the Planning Commissioners would not be discussing trees and house locations in detail at this time, as the request is for review of the EAW. Vice Chair Weir introduced Ron Seeman, 6216 Upland Lane North, Maple Grove. Mr. Seeman said he lived in the townhomes north of the proposed commercial property. He said he had not been notified about the neighborhood meetings and asked for future communication for such meetings. Mr. Seeman said the traffic study was done in July, the best month to be on the roads because everyone is up north so the study must be optimistic about actual road conditions. Mr. Seeman said if a light is placed at CR 47 and Vicksburg, accidents are possible due to high speed and limited traffic visibility east on CR 47. Mr. Seeman said several proposed commercial concept plans in Exhibit E did not follow the 75 -foot setback requirement. He said there was no mention about berming along the commercial property line for privacy or noise screening. Vice Chair Weir introduced Gene LaRowe, 6304 Upland Lane N., Maple Grove. Mr. LaRowe asked if the City of Plymouth invites bordering cities to participate in the formal review process when considering a development. Director Hurlburt responded that a city, such as Maple Grove, would not be notified unless it is a property owner. The City of Plymouth would again notify property owners within 750 feet of a proposal for a formal review. Director Hurlburt noted that the City of Maple Grove was notified of the comprehensive planning process for this area. Mr. LaRowe asked if the option to obtain additional information would preclude the decision to request an EIS. He asked about plans to upgrade Vicksburg Lane and CR 47 as the development could start next year. Approved Planning Commission Minutes November 17, 2004 Page 7 Director Hurlburt said if additional information is requested, an EIS could still be requested. She said once the decision is made to not request an EIS, that would be final. City Engineer Quanbeck said the upgrade of Vicksburg Lane and CR 47 to 3- or 4 -lane roadways is not planned for in the five-year Capital Improvements Programs. City Engineer Quanbeck said Cheshire Lane would be extended to CR 47 and a traffic signal would be installed there. In spring 2005 a traffic signal would be installed at CR 47 and Vicksburg Lane. City Engineer Quanbeck added other improvements such as upgrades at city intersections could become necessary with the development. Vice Chair Weir introduced K. David Hershey, 5750 Vicksburg Lane. Mr. Hershey said he owns the 20 acres south of the proposed Lundgren development. Mr. Hershey said he echoes the comments of the Rosemary Woods' neighbors as he did not receive any communication regarding a neighborhood meeting. Mr. Hershey said he has lived there for 20 years and one house for 20 acres seems fine. He said now having 580 units on 60 acres is distressing. Mr. Hershey inquired if the EAW looked at the impact on wildlife such as deer, turkey and fox. Director Hurlburt said the EAW identifies any endangered species in the immediate vicinity. She said urban development does displace a certain amount of wildlife, and a certain amount return to the parks and back yards when construction is completed, which is considered normal and would not create an extraordinary impact. Mr. Hershey asked how this proposal would affect 4 properties adjacent to the Lundgren property, south of CR 47 and east of Juneau Lane. Director Hurlburt responded those 4 properties would remain rural on the City's plan as would the former Hampton Hills golf course property. These properties were not included in the EAW because they were not part of the Lundgren project. Vice Chair Weir introduced Mike Villafana, 14220 60th Pl. Mr. Villafana said his property borders the wetland on the east side of the proposed development. Mr. Villafana explained that the neighborhood meeting occurred because Councilmember Sandy Hewitt had contacted him and asked if he would like to have a meeting with Lundgren to discuss the proposed development. Mr. Villafana said the Lake Camelot neighborhood would like the EIS ordered. He said there is no denying the proposal is a huge development in one area. Mr. Villafana said there would be an environmental impact if Vicksburg Lane stays 2 lane and unimproved for 5 years. He said the Lake Camelot neighborhood accesses CR 47 from Dallas Lane, Annapolis Lane and Yucca Lane and the 50 mph traffic and additional volume of traffic will give headaches for the first five years. Mr. Villafana said there is a painted crosswalk at Dallas Lane to access the park but the 50 mph traffic is an issue. He said that the underpass at 1-494 will stay at 2 lanes and the Bass Lake Road construction will have an environmental impact on CR 47 traffic at least during the construction period. Approved Planning Commission Minutes November 17, 2004 Page 8 Vice Chair Weir introduced Guy Wills, 6214 Upland Lane N. Mr. Wills expressed concern about the commercial site such as noise pollution from a filling station, a Wonder Bread discount store, trucks day and night and how the development would affect the birds. Mr. Wills said he is concerned about accessibility for human safety as there is no bridge over the railroad tracks at Vicksburg Lane. He stated that three weeks ago he had to wait for an ambulance for a half hour to get to him because of a train. Mr. Wills said adding all these houses and multiplying traffic is the largest concern. He said the traffic assessment should be done in the middle of winter, not summer and this traffic problem needs to be addressed before the proposed building adds to the problem. Vice Chair Weir introduced Ron Vanacora, 6115 Dallas Lane N. Mr. Vanacora said the curvature of the road, high vegetation and a dip in the road at Dallas Lane in front of the new park make the road extremely dangerous. He said there was a severe accident at that area. Mr. Vanacora said the new park is heavily utilized by children in the area who have to cross CR 47. Mr. Vanacora asked why the noise level at CR 47, which is over state recommendations, is excluded from that noise decibel requirement. Senior Planner Drill stated that under state law all county and local roadways, including Vicksburg Lane and CR 47, are not subject to the state noise standards. Director Hurlburt added that the noise level from the traffic would exceed the standards and the issue is how to protect the homes from the noise. Vice Chair Weir introduced Len Anderson, 6347 Upland Lane N. Mr. Anderson said his concern is traffic and reiterated that morning traffic backed up on Vicksburg all the way to the grade school is not unusual. Mr. Anderson said the traffic on Vicksburg Lane down to the suggested stop light would still be treacherous and said he thinks an impact statement is needed. He added that Bass Lake Road construction should be completed before this development starts. Vice Chair Weir introduced Kim Villafana, 14220 60th Pl. Ms. Villafana commended staff for their work on the project and thanked them for including residents on this huge project. Ms. Villafana said she wants the EIS ordered because the project was not thoroughly looked at. Ms. Villafana said she has children 8, 6 and 2 -years old, and she is concerned about traffic when crossing to the park. Ms. Villafana questioned the LA -2 zoning, because the plan is not properly showing 6 houses per acre. She said the development would create too much traffic on CR 47 and Vicksburg which can barely handle current traffic. Ms. Villafana said on rainy or snowy days there can be 100 cars backed up on Vicksburg at CR 47. She said the stop lights would be nice but there is a sharp turn on Cheshire and people would slam breaks for the stop light. Ms. Villafana feels that more research is needed for traffic, noise, and berms. Vice Chair Weir introduced Jim Foss, 15297 Elm Road, Maple Grove. Mr. Foss said he lives north of the proposed complex and his concern is basic traffic and providing accommodations for Approved Planning Commission Minutes November 17, 2004 Page 9 pedestrian traffic. He said there is a large community that reports to the Wayzata school district, and there is currently no connecting pedestrian pathway to schools (Kimberly Lane). Commissioner Musliner referenced Mr. LaRowe's earlier question regarding whether additional information would preclude a decision to request the EIS and asked for clarification. Mr. LaRowe said he would encourage the Council to request an EIS specifically to address the traffic concern. Commissioner Wilson asked for feedback on the validity of the traffic study which was done in July. City Engineer Quanbeck responded that conditions, weather and factors for different times of year are used in preparing the traffic study to be representative of the average traffic for the year. Commissioner Musliner noted that the traffic issues on CR 47 could not be changed with an EIS, as the upgrades are not in the Capital Improvements Program. Director Hurlburt asked if the traffic study concluded that the roads will handle traffic from the proposed development. City Engineer Quanbeck responded affirmatively and added that the recommended improvements will allow the roadways to handle the increased traffic, such as the signal light at CR 47, turn lanes, and the completion of Cheshire Lane. Vice Chair Weir asked if streets such as Cheshire and Dallas Lane emptying on to CR 47 will have an effect. City Engineer Quanbeck said the existing roadways will handle the traffic and the added turn lanes would not affect volume, but are a way to make intersections a little safer. Mr. Cooley asked if CR 47 would be the designated detour for Co. Road 10 traffic during construction. City Engineer Quanbeck responded that the detour would be on CR 47 for limited times during the replacement of culverts. He said Bass Lake Road would continue to be open during construction, which is anticipated to be completed in about a year. Commissioner Griffith noted that traffic is the primary concern related to this EAW and the traffic study is predicated on road improvements. He asked if it is safe to assume the roadway improvements would be completed during the process. Approved Planning Commission Minutes November 17, 2004 Page 10 Director Hurlburt stated the light at Vicksburg and CR 47 is in process and the extension of Cheshire Lane to CR 47 would occur when the property develops south of CR 47. She said the other roadway improvements identified by the EAW would occur concurrent with the development. Commissioner Griffith said the only additional information to request would be for traffic information and he has confidence in the traffic study. MOTION by Commissioner Griffith, seconded by Commissioner Wilson, to recommend approving the Environmental Assessment Worksheet for Taryn Hills for property located east of Vicksburg Lane along Country Road 47 and a finding that no EIS should be required. Motion to amend, by Commissioner Musliner, to add a condition to the EAW that the developer should work to mitigate the noise impact within the development through berming or other measures. Commissioner Anderson responded that it is unfair to make such a condition for one property developer but not for others as other developments on CR 47 experience the same traffic noise. Commissioner Holmes concurred with Commissioner Anderson saying we would be putting the cart before the horse and would be looking at a concept not a development. Commissioner Holmes said when the final plan comes before Planning Commission and City Council, noise mitigation could be reviewed at that time. Director Hurlburt suggested that berms are not the best or only way to mitigate noise. She said it would not be inappropriate to suggest some measure be identified and the builder can determine what would work best. Motion to amend, by Commissioner Musliner, to add a condition requiring the developer to mitigate noise impact. Roll Call Vote on Main Motion. 6 Ayes. MOTION approved. 8. ADJOURNMENT MOTION by Commissioner Holmes, seconded by Commissioner Musliner to adjourn the meeting. The meeting adjourned at 9:08 p.m.