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.