HomeMy WebLinkAboutPlanning Commission Minutes 04-04-2001Approved Minutes
City of Plymouth
Planning Commission Meeting
April 4, 2001
MEMBERS PRESENT: Acting Chairman Roger Berkowitz, Commissioners David Gaither,
Kapila Bobra, Sarah Reinhardt, and Karl Neset
MEMBERS ABSENT: Chairman Mike Stulberg and Commissioner Peggy Larson
STAFF PRESENT: Community Development Director Anne Hurlburt, Planning Manager Barb
Senness, Senior Planner Shawn Drill, Associate Planner Josh Doty, City Engineer Dan Faulkner,
and Office Services Supervisor Denise Hutt
1 CALL TO ORDER
2 PUBLIC FORUM
3 APPROVAL OF AGENDA
4 APPROVAL OF MINUTES
MOTION by Commissioner Bobra, seconded by Commissioner Reinhardt to approve the March
21, 2001 Planning Commission Minutes. Vote. 5 Ayes. MOTION approved unanimously.
5 CONSENT AGENDA
No Items.
6 PUBLIC HEARINGS
A DAVE REIMER CONSTRUCTION, INC. (2001010)
Acting Chairman Berkowitz introduced the request by Dave Reimer Construction, Inc. for a
preliminary plat, site plan and variance for 14 townhome units to be known as "Graviere Second
Addition" on 2.58 acres of property located north of County Road 6 and east of Dunkirk Lane.
Senior Planner Drill gave an overview of the March 26, 2001 staff report.
Acting Chairman Berkowitz introduced John Johnson of Metro Land Surveying and Engineering,
representing the applicant. Mr. Johnson said that they have been working long and diligently with
staff and the homeowners association to make this project work. He said that they concur with
the staff report and listed conditions. Mr. Johnson stated that there is an issue related to drainage,
but with continued work with staff and the homeowners association, he is confident it can be
worked out.
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April 4, 2001
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Commissioner Reinhardt questioned why the elevation is so high, compared to existing grades.
Mr. Johnson replied that all units have walkout basements and the driveways will sit at or near
grade. The street is as low as it can be to serve the site. He added that elevation is also higher
because of the retention ponds and the 100 -year flood area.
Acting Chairman Berkowitz opened the pubic hearing.
Acting Chairman Berkowitz introduced a letter dated March 29, 2001 from Phil Ringgenberg,
President and Art Stelzer, Vice -President of Chelsea Woods Association.
Acting Chairman Berkowitz introduced Tom Sanford of 1870 Black Oaks Lane. Mr. Sanford
stated that Chelsea Woods was the first Planned Unit Development for Plymouth over 30 years
ago. Chelsea Woods consists of a chain of nine manmade ponds. Mr. Sanford stated that the
Chelsea Woods residents are concerned with the petitioner's grading plan and that it could
jeopardize Crescent Pond which already receives little water in the summer. He noted that some
progress has been made in discussions with the developer. The possibility of removing the
proposed retaining wall may alleviate any potential drainage problem. Mr. Sanford said that they
would like assurance that Crescent Pond will survive the proposed development and if it doesn't,
that the developer be held accountable.
Acting Chairman Berkowitz introduced Phil Ringgenberg, President of Chelsea Woods
Association. Mr. Ringgenberg said that Chelsea Woods is unique and has holding ponds. He
stated that they realize that the owner has the right to sell and the developer has the right to build.
They are concerned with the loss of the dense woods, especially the area between the holding
pond and the proposed development. He asked for consideration to retain as much of the density
as possible, as Chelsea Woods residents and new homeowners will benefit from this. Mr.
Ringgenberg presented pictures of the of Crescent Pond and the Chelsea/Mitchell trees. Mr.
Ringgenberg said that they are concerned with the grading that will take place next to the trees on
their property, and would like to see as much of the environment retained as possible.
Acting Chairman Berkowitz introduced Peter Palm of the Gleason Lake Improvement
Association. Mr. Palm commented that there are several hundred members of the Gleason lake
Improvement Association that live south of the proposed project. He said that they would like
assurance that the sediment is kept at a minimum. Mr. Palm stated that some provision needs to
be made to preclude sediment in the holding ponds or require that the sediment be removed every
three to five years.
Acting Chairman Berkowitz introduced Anita Johnson of 16385 15th Avenue North. Ms. Johnson
said that the reason she bought a home in Chelsea Woods was because of the trees and natural
environment. She stated her concern for the potential loss of wildlife and trees with the proposed
development.
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Acting Chairman Berkowitz introduced Ray Mitchell of 16530 County Road 6. Mr. Mitchell said
that the trees for the most part are on his property, which have benefited both his property and
Chelsea Woods. He stated that every year he has received comments about the Cottonwood trees
shedding and that they should be removed. Mr. Mitchell stated that there are always tradeoffs
with new development. Mr. Mitchell said that he talked to several developers and chose the best
one that could fit his needs and the residents of Chelsea Woods. Mr. Mitchell stated that when
Country Road 6 was expanded, he approached Chelsea Woods Association to buy the outlot and
drainage area, but a deal couldn't be worked out. He said that they bought their property with the
intention of developing it.
Acting Chairman Berkowitz closed the public hearing.
In response to the questions/concerns raised pertaining to drainage, City Engineer Faulkner stated
that staff hasn't had the time to review the applicant's latest proposal. He said that staff will
continue working with the applicant and the homeowner's association before the item goes to
City Council. He said that there are a few options that could work to alleviate the drainage
concerns. City Engineer Faulkner stated that the City has an erosion control ordinance ensuring
that silt fences are in place as the retention ponds are dug and that the fences are checked on a
regular basis. Treatment ponds in the plan are for NURP ponds that work through a settling
process, with a fairly small amount of siltation that gets out. The City also requires an agreement
which includes annual inspection of the NURP pond. The developer is required to remove any
sedimentation that may be built up. The developer is also required to maintain existing drainage
patterns to the best degree possible which is what is being worked out now.
Mr. Johnson gave an overview of the current drainage patterns and the proposed drainage plan.
He also mentioned the different alternatives that were discussed which included two catch basins;
or to reverse the flow of water and pump into the Chelsea Woods pond which would be more
than it was ever anticipated to handle. Mr. Johnson said that they are now considering an option
to take the north pond and drain it to the east, but they haven't had a chance to look at all of the
details. This option would eliminate a retaining wall.
Commissioner Bobra asked if 88 percent of the trees have to be removed. She asked about the
possibility of planting bigger replacement trees.
Mr. Johnson stated that most of the trees being removed are Cottonwood trees, and it can be
debated whether they are considered good trees. They have already upgraded the size of the
trees. They discussed the size of the trees with the landscaper and went with what makes sense
for survivability. As many trees will be kept as possible and in the long run there will be a better
mix of trees.
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Acting Chairman Berkowitz asked what impact the grading plan will have on the existing trees.
Mr. Johnson said that they have identified the trees within a short distance of the property line and
that they will go in with retaining walls positioned by the property line to minimize the impact on
the trees.
Director Hurlburt asked how the slope easement with Chelsea Woods would impact trees. Mr.
Johnson replied that all vegetation would have to be removed and it would impact trees.
Senior Planner Drill gave an overview of the tree preservation ordinance. If trees are damaged
offsite, the applicant would have to replace trees on the Chelsea Woods site. There may be a few
trees in Chelsea Woods that could be in jeopardy. The applicant will need to be careful when they
are in that area. Senior Planner Drill said that a property owner has the right to cut down all or
any of their trees at any time as long as a development application isn't involved.
Commissioner Reinhardt asked if staff thinks it would be appropriate to table the item until the
drainage issue is worked out, or if a condition could be added to the resolution. Director
Hurlburt answered that tabling the item is an option if the Commission feels it's important to see
the outcome of the drainage issue before the item goes to City Council. She added that a
condition could be added that prior to action by the City Council, the drainage issue to Chelsea
Woods would have to be worked out.
Acting Chairman Berkowitz stated that he would be comfortable with adding a condition.
Commissioner Reinhardt concurred
MOTION by Commissioner Reinhardt, seconded by Commissioner Gaither recommending
approval of a preliminary plat, site plan and variance for Dave Reimer Construction, Inc. for
Graviere 2nd Addition for property located north of County Road 6 and east of Dunkirk Lane.
MOTION to Amend by Commissioner Reinhardt, seconded by Commissioner Gaither that City
staff work with the applicant's engineer and the homeowner's association to resolve the drainage
issues by revising the grading plan.
Senior Planner Drill said that the applicant will need cooperative easements regarding retaining
walls. Director Hurlburt said that the City can't require Chelsea Woods to require granting of
easements. Senior Planner Drill stated that if the homeowner's association would provide the
easement for water to flow, then issues of trees could be worked out and a tradeoff for removing
the wall could be the planting of more trees.
Commissioner Gaither commented that it sounds likes the developer and the homeowner's
association are willing to cooperate to resolve the issue and he will support the motion.
Roll Call Vote on MOTION to Amend. 5 Ayes. MOTION to Amend approved unanimously.
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Roll Call Vote on Main MOTION. 5 Ayes. Main MOTION approved unanimously.
7 NEW BUSINESS
A JOHN RAW SKI (2001014)
Acting Chairman Berkowitz introduced the request by John Rawski for a variance for a garage
and home addition that would encroach 9 feet into the required 15 foot side yard setback for
property located at 19015 26th Avenue North.
Associate Planner Doty gave an overview of the March 27, 2001 staff report.
Commissioner Reinhardt asked what the distance is between the two houses now. Associate
Planner said that the Rawski home is 14.2 feet from the property line. Acting Chairman
Berkowitz asked if the setback was 15 feet in the 1970s when the home was built. Associate
Planner Doty replied affirmatively. Acting Chairman Berkowitz asked if the measurement in the
staff report was provided by the applicant. Associate Planner Doty replied affirmatively.
Acting Chairman Berkowitz introduced John Rawski, the applicant. Mr. Rawski stated that the
City didn't have a survey of his lot, but obtained a copy of the surveys for the properties on each
side of his property. He located the iron markers from the surveys. Mr. Rawski stated that he is
requesting the variance because of safety. His driveway has a seven foot change in elevation and
he has an 18 -foot camper that when parked in the driveway ends up being three feet off the
ground in the front. There are many children in the neighborhood and he is concerned with their
safety. Mr. Rawski said that he could add a gravel drive on the side of the garage, but it would be
out of character for the neighborhood. Mr. Rawski said that their house is the only one of a pie
shaped lot and the house is positioned forward to allow for power line access in the back. The
purpose of the request is to allow him to comply with the desires of the neighbors to keep the
appearance of the neighborhood neat and clean. He said that their house is the only one that
regularly parks multiple vehicles outside for long periods of time. Mr. Rawski stated that one tree
will be removed and be replaced by arborvitae evergreens. He said that he will also update the
landscaping on the side to eliminate the feeling of living next to a wall.
Acting Chairman Berkowitz introduced Karen Peters of 19020 26th Avenue North. Ms. Peters
said that she along with six of her neighbors are not in favor of the variance request. Ms. Peters
said that others in the neighborhood have excavated and graded their lots to give them better use.
The residents to the west have a much steeper driveway and shorter run. Other homes in the area
have narrow side yards and some with pie shape lots. Many of the neighbors have to park
vehicles on the driveways. She stated that the ordinance has not changed and affects everyone the
same in the neighborhood. Ms. Peters said that Ms. Wallace will lose light and their view would
be affected by the addition. Shrubs and evergreens can grow tall and wide which will make the
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April 4, 2001
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Wallace property seem more closed in. Ms. Peters stated that many residents have recreational
vehicles and are not always able to address these issues and some have to store vehicles or
recreational vehicles in storage areas off site.
Acting Chairman Berkowitz introduced a letter dated April 4, 2001 from Peter H. Bannochie of
2400 Brockton Lane North opposing the variance request.
Acting Chairman Berkowitz introduced Candi Wallace of 19005
26th Avenue North. Ms. Wallace
stated that she concurs with the comments made by Ms. Peters. Ms. Wallace said that she
decided on their home because of the spaciousness, trees openness, large lots and the
neighborhood. She stated that they store a third vehicle off site outside of Plymouth. They too
are limited by the same constraints as the Rawskis, but knew they couldn't expand. Ms. Wallace
said that the proposal does not have a hardship.
Mr. Rawski stated that based on the fact that the variance is not acceptable to the neighbors and
that he would like to fit into the neighborhood, he withdrew his application request.
MOTION by Commissioner Reinhardt, seconded by Commissioner Gaither to adjourn. Vote. 5
Ayes. MOTION approved unanimously. The meeting adjourned at 8:34 p.m.