Minutes of the
work session of the Georgetown Township Planning Commission held Wednesday,
March 1, 2006
The meeting was
called to order by Chairman Honderd at 7:30 p.m.
Present: Honderd, Stasiak, South, Poskey,
Huizinga, Pearson
Absent: DeGood
The work session,
which formulated the agenda for March 15, 2006, included the following items to
be placed on the agenda, discussion, and action:
I.
Approval of agenda
II.
Approval of minutes of the February 15, 2006 regular
meeting and the
III. Unfinished
Business
A. (SUP0513) Orion Construction (Integrated Architecture), 2020 Raybrook Ave., is
requesting to have a restaurant under Sec. 13.3(B), on a parcel of land described as P.P. # 70-14-17-300-009, located at 7559 36th Ave., in a (OS) Office Service District, Georgetown Township, Ottawa County, Michigan.
The Planning
Commission recommended denial of the special use permit request for a
restaurant and the Board denied it on January 9, 2006. The Planning Commission tabled the site plan
for revisions relating to the design and location of the building on the site,
and for references to the restaurant. No
new information is available at this time.
The item was left tabled. This is
the third month under unfinished business.
B. (PUD0601) Riverview Trails Development Group (Tara Westhouse), 3133 Beechcrest Dr., is requesting a Planned Unit Development for condominium housing (housing for the elderly) and office commercial related services for seniors (elderly) under Chapter 22, on parcels of described as and located at: P.P. # 70-14-13-100-026, 7784 Cottonwood, P.P. # 70-14-13-100-032, 7804 Cottonwood, P.P. # 70-14-13-100-033, 7802 Cottonwood, P.P. # 70-14-13-100-043, 7746 Cottonwood, Georgetown Township, Ottawa County, Michigan. view1, view2, view3
No new information
has been submitted at this time. The
applicant has indicated that they are pursuing other locations at this time or
ways of acquiring additional land.
Notice for the public hearing has not been published.
IV. New
Business
A. PUD’s
#060301-01 - Public Hearing (PUD0602)
Dykema Development, 4824 Faringdom
Grove Drive, is
requesting a Planned Unit Development for attached single family condominium housing (site plan1, site plan 2, landscaping, elevation) under Chapter 22, on parcels described as and located at: Part of P.P. # 70-14-24-300-019, 678 Port Sheldon; Part of P.P. # 70-14-24-300-057, 650 Port Sheldon; P.P. # 70-14-24-300-058, 672 Port Sheldon, color view, aerial, Georgetown Township, Ottawa County, Michigan.
Todd Stuive, Exxel Engineering, represented the applicant and presented the request.
The zoning administrator presented a review. No revisions were required for the site plan because all ordinance requirements were met. No new site plans were provided. The applicant submitted elevations and floor plans. The elevations show a walk-out ranch and the height to the roof line is shown as 8 + 9 1/8 totaling 17 1/8 feet to the roof line. The mean height is not shown, but it scales less than the maximum 35 feet permitted in the ordinance. The only issue that remains is the concern that the PUD does not create any nonconforming parcels resulting from the creation of the subject site. The Planning Commission determined that the walkways are acceptable and that all qualifying conditions have been met. In addition, all the required elements have been shown other than an exact dimension of a height.
South asked about a landscaped buffer along the western property line.
The applicant said that landscaping plans had been submitted. He said that there was an existing 20 foot buffer that would be supplemented with evergreen trees to form a screened area.
The chairman opened the public hearing.
Hank Kornoelje, 6470 Poinsetta, asked about the slopes in the area because this area sometimes floods, if there would be a berm, how far the development would be from his house, and if the development would affect property values.
The applicant explained the drainage proposal and how the drainage would be directed to the pond and released to underground pipes. He stated the following. This is a floodplain area and that there would not exactly be a berm, but rather an elevated area. The project would have to be reviewed and approved by the Ottawa County Drain Commissioner. There would be a 40 foot setback, which is the rear yard requirement even though this is a side yard. Lee Dykema’s other developments are at the same price points.
Mark Katerburg said that he represents Sunnybrook County Club and there are concerns with the location of the walking path along the driving range and possible stray golf balls. He said that they were working out the details. He said that sometimes a bad slice could go past the condos.
Terry McMellen, 6550 Poinsetta, asked when the project would start and was told mid summer.
Marjeanne Saagman, 678 Port Sheldon, asked about the existing trees and was told that they would leave the good existing vegetation. She asked how far the development would be from her house and was told 100 feet.
Hank Kornoelje said that balls from the driving range were hit into his backyard.
Mary Groendyke, 650 Port Sheldon, asked about sidewalks on the two other existing houses on Port Sheldon and if they would have to extend the sidewalk that was being constructed for this development.
The zoning administrator said that sidewalks were only required for new developments and sidewalks would not be required for the existing houses.
A letter from Jennifer Beasley in opposition to the development was read.
Kurt Kornoelje, 6868 Glenview, said that houses affect the schools and more houses were needed for families with children so that the schools would get more funding.
South said that they can’t set the criteria and they could get more condos than houses. The applicant said that it was about the same amount.
Kurt Kornoelje said that the school district is land locked.
South said that the Township can not say how to develop property as long as it is developed in ways that are allowed by the ordinances.
Honderd said that condos are a good deal for the Township because they get the tax base and do not have to maintain the road because it is private. He said that condos have a history of being kept up well. He said that people who move into the condos have existing houses to sell that families with children could buy.
The chairman closed the public hearing.
Stasiak was concerned about the hazard of the golf balls.
The applicant said that they were working with the golf course to screen the area. He said that the walkway was not initially wanted by the developer, but only provided because the language of the ordinance requires abundant walkways.
Honderd said that approval could be conditioned upon giving the zoning administrator the authority to waive the requirement of the path if necessary after the discussions with the golf course. He also noted that the ordinance does not require that the path is concrete or asphalt.
Pearson said that the developer and golf course should be left to work out the details to address the hazard, then let the zoning administrator decide if necessary.
Poskey said that if golf balls bounce off the condos, the golf course would have to put up a screen and he was in favor of letting them work it out.
Moved by South, seconded by Huizinga, to recommend to the Township Board approval of (PUD0602) Dykema Development, 4824 Faringdom Grove Drive, to have a Planned Unit Development for attached single family condominium housing (site plan1, site plan 2, landscaping, elevation) under Chapter 22, on parcels described as and located at: Part of P.P. # 70-14-24-300-019, 678 Port Sheldon; Part of P.P. # 70-14-24-300-057, 650 Port Sheldon; P.P. # 70-14-24-300-058, 672 Port Sheldon, color view, aerial Georgetown Township, Ottawa County, Michigan, as shown on the application materials submitted including the plan dated 1-13-06, based on the proposal complying with all applicable standards of the ordinance, and with the following conditions:
· A Storm Water Drain Permit is provided from the Drain Commissioner and is submitted with the final development plan.
·
Road
construction details and approval from the Road Commission for the driveways on
Port Sheldon are provided, both to be submitted with the final development
plan.
·
The
proposed building height does not exceed the 35 feet or 2.5 stories permitted
in the ordinance and this is noted on the final development plan.
·
No
approvals are implied for the parcel splits shown on the plan at the northwest
of the PUD site along Poinsetta St. and are identified as Parcel “A,” “B” and
“C” due to the fact that elements such as existing structures and dimensions of
these structures to proposed property lines have not been shown. All future land splits would have to follow
land split procedures including submission of applications, fees, and surveys
detailing existing and proposed structures along with dimensions to proposed
property lines.
·
A letter
is provided at the time of submittal of the final development plan stating that
all land that is shown on the plan dated 1-13-06 as parcels “A,” “B” and “C” at
the northwest of the PUD site are combined into one parcel or that a land split
application is submitted with all required submittal materials and approval is granted
acknowledging that all parcels that were created from the PUD are conforming
with current ordinances (i.e. number of splits is allowed, all setbacks are met
for any structures and that all parcels meet ordinance requirements). The reason is to assure that no nonconforming
parcels are created from any land division for the PUD even though the
applicant might not own this property.
·
An association is responsible for the
maintenance of common areas including those areas adjacent to Port Sheldon Street.
·
The
zoning administrator has the authority to be flexible with the walking path.
MOTION CARRIED.
2. Work Session (PUD0603) Ed DeVries Properties Inc., 1345 Monroe Ave. NW, is
requesting a Planned Unit Development for mixed uses including apartments for multiple family dwellings and commercial uses including offices, retail and restaurant under Chapter 22, on a parcel of land described as P.P. # 70-14-26-200-070, located at the southwest corner of 44th St. and 8th Ave. at Gleneagle Highlands Dr. view1, view2, elevation, storm mgt.
Honderd abstained from discussion and voting. He left the room.
The zoning administrator presented a review. The proposal is for a 9.64 Planned Unit
Development at the southwest corner of 44th St. and 8th
Ave. The uses are office, retail,
restaurant, plus 20 apartments for attached single family dwellings. At the preapplication meetings, the
determination was made that the proposal meets the qualifying conditions enough
to proceed to Planning Commission review.
However, there are still several issues that the Planning Commission
must consider prior to directing that the notice for the public hearing is
published.
The purpose of the PUD ordinance is to provide for flexibility in the
regulation of land development, to encourage innovation in land use and variety
in design, layout and type of structures, to encourage useful open space, to
provide for enhanced site and building architectural features and to create
better living working and shopping environments. In order to accomplish these objectives, the
PUD ordinance provides flexibility to the conventional requirements. The overall idea appears to meet the PUD
ordinance objective and the uses are consistent with the intention of the
ordinance and Master Plan. The
opportunity does exist that the Board and Planning Commission would be willing
to accept the waivers requested from the conventional zoning in return for an
innovative development with landscaped open space.
SUMMARY
The plan calls for the following waivers from conventional ordinance
requirements:
Todd Stuive, Exxel Engineering, said that this property is part of a 305
acre PUD. He said that this property was
identified on the original PUD as a neighborhood service use although there was
never a specific plan.
The consensus of the Planning Commission was that the size in acres,
parking reduction, location and amount of drives, the reduced 25 foot greenbelt
buffer and building location, number of signs, setbacks and 19% open space were
all acceptable.
Pearson said that he preferred the ground-mounted signs since it would
be consistent with other signs in the area.
He asked if they could be required.
The zoning administrator explained the following. The PUD ordinance allows for flexibility and
the purpose is to have a give/give situation.
The applicants were asking for more signs than permitted. They showed two freestanding signs, one at
each of the full entrances, and one ground mounted sign at the corner, plus
wall signs. Conventional zoning only
allows one freestanding sign. So the
Planning Commission had the authority to permit the additional signs and the
authority to require that those signs be ground mounted.
There was discussion regarding the signs because the consideration with
ground mounted signs was that they had to be located so as to not interfere
with clear vision. In addition, the
Planning Commission was concerned with consistency of the looks of all the
signs on the site. The applicant planned
to have consistency and wanted to have balance.
The decision was made to check the locations and sizes of other signs in
the area and review sizes and locations for ground mounted signs. The Planning Commission wanted the design of
the wall mounted signs to be consistent with the other signs on the site.
The consensus of the Planning Commission was that the number of signs
and setbacks shown on the plan were acceptable.
The zoning administrator said that the number of trees did not meet the
ordinance requirements for a streetscape because the plan showed the numbers rounded
down rather than up as required by the ordinance. Consequently, two less trees were shown than
required. The applicant indicated that
the two additional trees would be provided.
Pearson complimented the applicant on a good plan with nice elevations
and landscaping.
Stasiak asked if a special use permit was required if a restaurant was
to be located on the site.
The zoning administrator said that special use permits would not be
required for any use that was included in the PUD because the review was part
of the PUD process.
The consensus of the Planning Commission was that more elevations should
be provided.
Pearson asked if the buildings were to be built and then a tenant sought
or if the tenant was determined first and the building built for the tenant.
The applicant said that they would find a tenant first.
Pearson asked if they could require that the types of material would be
the same for consistency with the buildings.
It was determined that the materials could be specified to be similar;
however, the design would be related to the tenant.
Poskey asked if the restaurant would have a drive-in and it was noted
that no drive-in was shown. The
determination was made that approval of the PUD would be conditioned upon no
drive-in restaurant and that if the applicant wanted a drive-in restaurant they
would have to request an amendment to the PUD and return for approvals.
The Planning Commission directed that the PUD return to the April 12
meeting with plans for signs and any other revisions, and the public hearing
would be held on April 19.
The Fire Department memo was read and it was noted that the right-in,
right-out drives were each required to have a minimum width of 20 feet.
B. Site Plans-Work Session
1. (ST0602) Jore Retail,
Bob Pomeroy, Cox
Medendorp Olson Architects, Inc., represented the applicant and presented the
request. They are considering
constructing an addition on the other side of the building also. Sidewalks would be provided and the two
entrances would be curbed. Paving would
be added in the rear for parking.
The zoning
administrator presented a review as follows.
The proposal is for the existing 5,851 square foot building currently
used by the Booker Institute to be demolished and a 9,067 square foot addition
to be constructed attached to and aligned with the existing 16,013 square foot
building. Additional parking is shown to
the southeast of the building. The site
is located in a floodplain. According to
information provided in the application the uses would be for a commercial
school permitted under Sec. 13.2(F) and for other retail uses permitted under
Sec. 15.2(B), which are uses permitted in the Highway Service Commercial
district.
SUMMARY
·
The two-way drive aisles are shown at the required 24
foot width except for the drive to the rear of the building on the northeast
side. If this is to be one-way here,
signage should be provided to have traffic circulate to the other side of the
building to exist. If it is to be
two-way, it must be widened to 24 feet.
·
Under General Notes, the freestanding sign is noted
to be located 60 feet from the centerline of Chicago Dr. This street is not listed in Chapter 24
footnote b and is, therefore, required to be located so as to not extend over
the right-of-way. Although the sign is
shown correctly on the plan, the note should be revised to reflect this change.
·
Parking calculations are correctly shown. However, if the Planning Commission
determines that a streetscape is necessary, revised parking spaces and
calculations may be required. One
parking space is shown partially located on the adjacent property.
·
The rear yard abuts a residential district and a
greenbelt is required to screen the parking from the adjacent residential
district. This area is partially
buffered by an existing tree line.
However, the area between the proposed detention/retention pond and the
parking lot should have a greenbelt according to Sec. 3.11 with one tree for
each 20 feet. This 90 foot section
would, therefore, require the planting of five evergreen trees to be at least
five feet tall at the time of planting.
·
Although the ordinance amendment has not been
adopted yet requiring that the 30 foot front yard is landscaped, the Zoning
Ordinance and Master Plan have sections that apply and give the Planning
Commission the authority to require a streetscape. The Master Plan, along with Sec. 19.10 in the
Site Plan Review Chapter and Sec. 3.11 of the Zoning Ordinance give the
Planning Commission the authority to require landscaping in the front yard
setback. The Planning Commission should
determine if any landscaping would be required along Chicago Dr., how much and
in what areas. The width of the lot is 445
which would equate to the addition of 18 trees in this front yard setback.
·
If landscaping is required, the parking row that
abuts the right-of-way line would have to be eliminated and parking would have
to be re-addressed. The plan shows this
aisle width as 28 feet and a parking space as 20 feet long. There would not be enough room for the aisle
to be 24 feet if the whole 30 foot front yard setback was required to be
landscaped. However, if the row of
parking adjacent to the right-of-way line was eliminated and 4 feet added to
that area, the result would be a 24 foot landscaped front yard setback. The aisle would then be 24 feet as required
for two-way circulation. The Planning
Commission has the authority under Sec. 26.9(K) to reduce the required number
of parking spaces by 25%. The plan shows
137 spaces (which is really 136 when the one space on the adjacent property is
eliminated). If 129 spaces are required,
32 spaces could be waived (25%). This
would result in the requirement of 97 spaces.
If 40 were eliminated from the front row in the front setback area
(136-40=96), only one more parking space would have to be added in another
location to meet ordinance requirements.
It appears as though parking could be added in the rear and the pavement
extended toward the southwestern property line.
·
If the front yard landscaping is required by the
Planning Commission and the property owner wants additional parking spaces
(more than the 97), the rear of the site could be redesigned with one-way
traffic to reduce the aisle widths and add parking spaces.
·
The site is located in a floodplain and an elevation certificate or certified
survey with an elevation must be provided to determine that the new addition
would be constructed at least one foot above the floodplain.
·
No
approvals are implied for the future building expansion shown on the plan.
·
A note
on the plan states that the addition would be constructed with materials that
match the existing building. The
Planning Commission should decide if elevations would be required.
·
The site
plan shows two areas at the rear of the building that are identified as
refrigeration units. These units are, in
fact, trailers that do not meet building codes or general ordinances. These trailers should be removed and replaced
with structures that meet ordinances and the building codes.
Notes:
a. The
two-way drive aisles are shown at the required 24 foot width except for the
drive to the rear
of the building on
the northeast side. If this is to be
one-way here, signage should be provided to have traffic circulate to the other
side of the building to exist. If it is
to be two-way, it must be widened to 24 feet.
b. Under
General Notes, the freestanding sign is noted to be located 60 feet from the
centerline of
Chicago Dr. This street is not listed in Chapter 24
footnote b and is, therefore, required to be located so as to not extend over
the right-of-way. The note should be
revised to reflect this change.
c. Parking
calculations and space sizes are correctly shown. However, if the Planning Commission
determines that a
streetscape is necessary, revised parking spaces and calculations may be
required.
d. For
the square footage of the retail, one loading space is required and shown.
e. The
rear yard abuts a residential district and a greenbelt is required to screen
the parking from
the adjacent
residential district. This area is
partially buffered by an existing tree line.
However, the area between the proposed detention/retention pond and the
parking lot should have a greenbelt according to Sec. 3.11 with one tree for
each 20 feet. This 90 foot section
would, therefore, require the planting of five evergreen trees to be at least
five feet tall at the time of planting.
In addition, the Planning Commission is reviewing an ordinance change to
require that the 30 foot setback in the HS district is landscape and not used
for parking. Although this ordinance
amendment has not been adopted yet, the Zoning Ordinance and Master Plan have
sections that could apply and give the Planning Commission the authority to
require a streetscape. The Master Plan
that clearly states that a goal of the Township is to revitalize the properties
on Chicago Dr., when given the opportunity, by addressing poor aesthetic
conditions. The Master Plan clearly
states that landscape improvements should be required. In addition, Sec. 19.10 in the Site Plan
Review Chapter states that the Planning Commission may require
landscaping. Further, Sec. 3.11 states
that where required by the Planning Commission, landscaping shall be provided
with only living materials. If
landscaping is required, parking would have to be re-addressed.
f. A
nonconforming eight foot high chain link fence exists on the site.
g. The
site is in a floodplain and an elevation certificate or certified survey must
be provided to determine that the new addition would be constructed at least
one foot above the floodplain. The note
lists an approximate floodplain elevation of 610. This elevation should be exact, as should the
proposed building elevation. In
addition, permits from the MDEQ are required for all construction and filling
in SFHA (Special Flood Hazard Areas)/floodplain areas. The local community must maintain records of
floodplain construction and activities including:
1.
As-built
Elevation Certificate for all new or substantially improved structures within
the 100-year floodplain
2.
Copy of
DEQ permit
Additional Comments for the review include the following. The site plan shows two structures at the rear of the building that are identified as refrigeration units. These units are, in fact, trailers that do not meet building codes or general ordinances. These trailers should be removed and replaced with structures that meet ordinances and the building codes. Further, Sec. 46-2(d) of the Code of Ordinances states that a dismantled and unlicensed trailer could be stored for a period of no more than two weeks. These trailers have been on the site and it appears as though the plan is for them to remain on the site for a period of more than two weeks, which is in violation of the Township ordinances. These trailers must be removed. Replacement structures could be constructed in accordance with ordinances and the building code.
The applicant said that the current ordinance
does not require landscaping and this is an existing site. He said that all the other parcels in the
area were the same as this one with no landscaping. He said that they were putting in sidewalks
and they would like to keep the plan as described. An elevation was provided.
Honderd asked if the back area was for
employee parking and for students at the Booker Institute. He suggested as pointed out in the review
that the aisle to the rear of the site could be one-way and more parking spaces
could be added in the rear.
The applicant noted that they were
considering an addition to the eastern side of the building.
Huizinga said that it would be nice to have
the landscaping and this was the Planning Commission’s opportunity to address
the site.
Poskey said that they should provide
landscaping.
Pearson said that they definitely should have
landscaping and this is exactly what is talked about in the Chicago Dr.
Corridor Study. He also was concerned
with the aesthetics of the sign.
The applicant said that the sign is existing.
The zoning administrator stated that the note
on the plan incorrectly lists the sign as not extending over a distance 60 feet
from the centerline of Chicago Dr. She
said that Chicago Dr. is not listed in Chapter 24 footnote (b) and should be
listed as not extending over the right-of-way line. She noted that it is shown correctly as not
extending over the right-of-way line; however, it is situation in a parking
space.
Pearson said that he was interested in
continuity and consistency of signage for the building.
The applicant said that there would be a
large sign on the addition and smaller signs in white boxes for the various
tenants.
The zoning administrator said that if the
Planning Commission required the landscaping, the sign might have to be
moved. She said that if it was moved, it
would have to meet the ordinance requirements.
Pearson said that this is an opportunity for
the Township to address aesthetic issues with the site and he appreciated the
applicant working together with the Township.
He said that his recommendation is that there must be landscaping and
the sign addressed.
South said that they must have landscaping
and would have to meet requirements if they change the sign.
Stasiak said that they need to have the
streetscape and asked if the sidewalks could be waived.
The zoning administrator said that sidewalks
were required by a general ordinance and could not be waived. She said that Waterford Place on the corner
of 18th Ave. and Chicago Dr. requested a sidewalk waiver for Chicago
Dr. and were denied.
The applicant asked if any other sites in the
area had landscaping.
Honderd said that no, none did. He said that it was a goal of the Township to
clean up Chicago Dr. and that they would have to do it one piece at a
time. He said that when the Ottawa
County Road Commission came for approvals for an addition, they were required
to add landscaping. He said that
landscaping was required for H&H Plumbing and Georgetown Foundation Supply. He said that sometimes the applicant decides
that it is not worth it, but the Planning Commission must stick with the
requirements of the Chicago Dr. Corridor Plan.
The applicant suggested landscaping some
areas either side of the drives and on the sides of the sign so that they would
not have to take out the whole row of parking.
He said that they could address the sign issue.
The zoning administrator stated that the
Planning Commission was considering an ordinance amendment to require a
streetscape in the entire 30 feet of front yard setback in the HS district and
would act upon it at the next meeting.
She said that if the Board adopts the amendment, it would be effective
soon after the end of March. She
suggested that the applicants provide landscaping that the Planning Commission
would accept because if this site plan was tabled, the ordinance amendment
would go into effect and they would be required to have 30 feet
landscaped. She suggested that the front
row of parking be eliminated and the 20 feet from the depth of the parking
spaces be added to four feet from the 28 foot aisle to create a 24 foot
landscaped front yard setback. This
would also leave enough room for a two-way 24 foot aisle.
Pearson said that he did not want limited
sections of landscaping because this would create inconsistency when others on
Chicago Dr. come to the Township and landscaping is addressed with them.
The applicant suggested moving the row of
parking back four feet from the right-of-way and landscaping this four foot
area. Then all the parking would remain
in tact.
Pearson said that the compromise would be all
in the applicant’s direction.
Honderd suggesting eliminating one of the
driveways and having some pods of parking and some pods of landscaping.
The applicant said that other businesses use the
driveway because there is no fence around it.
Honderd said that the Planning Commission
does required cross-access. He suggested
that the plan be revised to show landscaping and more parking.
The applicant said that they would lose the
south drive with the addition and they would have to drive around.
Pearson said that he preferred to see
landscaping across the whole front for at least 20 feet rather than pods.
Poskey said that they should return with a
revised plan with a proposal as close to the ordinance as they can get.
Huizinga said that they should present a
proposal that is a compromise.
Stasiak said that the whole site should be
cleaned up and he would like them to present a plan.
South said that he wants to see the
streetscape.
Honderd said that they will also have to look
at the parking calculations.
The consensus of the Planning Commission is
that the rear yard is buffered enough with existing foliage since the soils in
the rear are unstable and this is a floodplain area.
In response to a question, the zoning
administrator stated that the ordinance has requirements for the relation of
buildings to the environment and the Planning Commission has the authority to
require elevations to ensure that the ordinance is met.
Poskey said that the pole barn style does not
dress up the site.
It was noted that this is an improvement and
the site will look better than it does now.
Pearson said that their improvements would
help the area and elevations for the northeast addition should be included.
The zoning administrator stated that the
determination of the Planning Commission was that landscaping must be provided
and the trailers must be removed.
The applicant said that he wanted to remove
the trailers and would like to have the requirement in writing from the
Township.
The zoning administrator said that the Code
Enforcer could send a letter, plus removing the trailers could be a condition
of approval.
The Planning Commission directed that the
plans be revised and noted that if the revisions were not satisfactory, the
plan could be tabled.
C. Special Use Permits-none
D. Rezonings –Work Session maps
1. (REZ0602) To change from (RR) Rural Residential to (LDR) Low Density Residential
parcels of land described as P.P. # 70-14-09-200-005, -014, located at 8745 24th Ave.
2. (REZ0603) To change from (RR) Rural Residential to (LDR) Low Density Residential
parcels of land described as P.P. # 70-14-09-300-018, located at 2944 Bauer Rd.
The zoning
administrator presented a review. With
motion #051128-24, the Township Board initiated the rezoning of all spot zoned
parcels in the Township. At the December
7, 2005 meeting, the Planning Commission directed that those spot zoned parcels
be considered for rezoning and the notices to be published along with other
legal ads. The above two areas (two
adjacent parcels on 24th Ave. and one parcel on Bauer) are spot
zoned areas that are zoned RR, but are surrounded by LDR. All are nonconforming parcels due to the fact
that none have the 200 feet of width (frontage) required in the RR district. They would be conforming in regards to lot
width and area if rezoned to LDR. All
are designated as LDR on the Future Land Use Map. All have other non-conforming issues (such as
setbacks and an accessory building in the front yard); however, rezoning these
properties to LDR will not increase any of the nonconforming issues that
currently exist.
As for the three C’s
used for the review:
1.
The
rezoning to LDR would be consistent with the Future Land Use Map.
2.
The parcels
are capable of being used in the LDR designation and basically are used
according to the LDR designation now.
3.
The LDR
designation would be more compatible with the surrounding areas since the
surrounding areas are already zoned LDR.
#060301-02 – Contact Property Owners
Moved by Pearson, seconded by Poskey, to direct the Township to contact the property owners whose property is being considered for rezoning due to the spot zone determination in some way, either in person or by letter, in addition to the property notice.
MOTION CARRIED.
3.
(REZ0604)
To change from (AG) Agriculture and
(NS) Neighborhood Service to (CS)
Community Service Commercial a parcel of land described as P.P. #
70-14-07-100-016 and -017, located at 8500 and 8420 48th Ave., Georgetown
Township, Ottawa County.
The zoning
administrator presented a review. With
motion #060213-11, the Township Board unanimously approved a motion to form a
committee to determine ways to accept bids to privatize the ice arena at the
corner of Bauer Rd. and 48th Ave.
The Planning Commission initiated the rezoning at the February 15, 2006
meeting due to the fact that the site would be nonconforming as currently zoned
if purchased by a private party. At the
time the arena was built, it was a conforming use in the AG district as a
municipal building/use. However, if the
site becomes privately owned, it would be nonconforming since such a use is
only permitted in the CS district with a special use permit under Sec.15.3(E). The Future Land Use Map shows the whole
corner as CS, consisting of the two Township-owned parcels.
As for the three C’s used for the review:
4.
The
rezoning to CS would be consistent with the Future Land Use Map.
5.
The
parcels are capable of being used in the CS designation and basically are used
according to the CS designation now with the use of an ice arena. The only difference is that the use is
permitted under the current AG designation as a municipal building and would be
permitted with a special use permit in the CS district if owned by a private
party.
6.
The CS
designation would be compatible with the surrounding areas since it has been in
existence for nearly two years and has been compatible with the surrounding
areas since then.
In response to the
question as to what would happen if the site was not rezoned, the zoning
administrator explained that the use was allowed in the current AG district as
a municipal building since it was owned by the Township, but if it was sold to
a private party the use would not be allowed in the AG district and would
become nonconforming. The use is allowed
with a special use permit in the CS district.
E. Plats-none
F. Ordinance Amendments-Work Session
1. Sec. 20.4(H)(1)(f) Commercial Soil
Removal
2. Sec.
25.6(A) Portable Signs
3. Chapter
24 footnote (k) and (m)
The following
information had been provided. The
Planning Commission initiated the Zoning Ordinance amendments to Chapter 24
footnote (m) and the Board initiated the Zoning Ordinance amendments to Sec.
20.4, 25.6 and Chapter 24 footnote (k).
Mining.
The purpose for the
amendment regarding commercial soil removal is due to the fact that a mining
operation is basically the same as commercial soil removal. A general ordinance is in place to provide
for the review of such uses and includes the same requirements as listed in the
Zoning Ordinance, as well as additional stipulations. By having the requirement for a review in
both places, an applicant is required to have the same application reviewed by
the Mining Board, Planning Commission and Township Board, and possibly the
Zoning Board of Appeals (which is redundant).
If the requirement for review is eliminated from the Zoning Ordinance
contingent upon a mining license being obtained, a mining operation would only
have to be reviewed by the Mining Board.
The general ordinance for mining is more stringent than the zoning
requirements anyway. In addition, the
Mining Board has the authority to waive any requirements it deems appropriate,
thus relieving an applicant from the possibility of seeking a variance if
circumstances warrant.
Further, the Mining
Board is made up of three Planning Commission members and two Township Board
members which results in the same people comprising the Board that would
conduct the review as would be reviewing the request if it were to go to the
Planning Commission and Township Board.
Portable Signs.
The Township
Supervisor instigated the amendment for portable signs to be fairer to business
owners. The proposal would allow each
business in a multi-tenant building to have two display periods per year and
reduce a single business to four display periods rather than six. The proposal would also allow a new tenant or
business owner to have one more display period in a year if all the others were
used by the previous tenant or business.
Landscaped setback in HS district.
The proposed
amendment merely requires the same 30 foot landscaped area in a front yard
setback that is currently required in all other commercial and industrial
districts. At the last meeting, Planning
Commissioners stated that it had been an oversight and that the landscaped area
should have been required in the HS district.
Eliminating parking and buildings in the 50
foot setback for a commercial district when adjacent to residential.
This situation came
to light when the Township reviewed the proposed commercial development on the
southeast corner of Baldwin and 36th Ave. While the ordinance specifically mentioned
that buildings could not occupy the 50 foot setback/greenbelt are for a side or
rear lot line adjacent to a residential district, members of the Township Board
were under the impression that the intention of the ordinance was that neither
parking or buildings should be located within that 50 greenbelt/setback area. The Planning Commission wanted the addition
of the wording that exempted the 50 foot setback/greenbelt for parking to be
only 25 feet from the property line only when the commercial district was
adjacent to an HDR district.
Sec. 20.4
(H) Commercial soil removal.
(1) No soil, sand, gravel, or other earth
material shall be removed from any land within the township without special
land use approval, with the following exceptions:
a. When the earth removal is incidental to
an operation for which a building permit has been issued by the township;
b. When the earth removal involves any
normal landscaping, driveway installation and repairs, or other minor
projects;
c. The earth removal involves less than
100 cubic yards;
d. The earth removal is for the purpose of
constructing a swimming pool;
e. The earth removal will not be in
violation of any other section of this ordinance, other Township ordinance,
Soil Erosion and Sedimentation Control Act of 1972, or any other applicable
state or federal law.
f. A mineral mining license has been
approved by the Mineral Mining
Board and the operation
complies with the terms and provisions of
the mining license.
Sec. 25.6
(A) Residential
Districts. The following types of
signs are permitted:
(6)
PORTABLE SIGN, one (1) portable sign per parcel, not
exceeding thirty-two (32) square
feet in area per sign and
set back at least ten (10) feet from the road right-of-way line or distance as
required in Chapter 24(b) (revised 1-24-05).
No electrical cord attached to the sign shall extend more than six (6)
feet from the power source to the sign.
Such sign shall not be displayed for more than seven (7) consecutive
days and shall not be permitted more than six (6) such display periods during
the calendar year. A separate permit and
fee shall be required for each display period and the permit sticker shall be
affixed to the sign for the entire display period.
(6) PORTABLE SIGN, subject to the following restrictions:
The sign shall be set back
at least ten (10) feet from the road right-of-way line or from the distance as
required in Chapter 24(b). No electrical
cord attached to the sign shall extend more than six (6) feet from the power
source to the sign. A display period
consists of a maximum of seven (7) consecutive days. A separate permit and fee shall be required
for each display period and the permit sticker shall be affixed to the sign for
the entire display period.
a. Per parcel (unless a business center)
1.
One (1) portable sign displayed at a time not exceeding
thirty-two (32) square feet in area per sign;
2.
Such sign shall not be permitted more than four (4)
such display periods during the calendar year;
3.
If all display periods for a calendar year have been used
and evidence is submitted to the Township that a new business has commenced on
that parcel, one (1) additional display period shall be permitted in that
calendar year;
4.
The additional sign shall be permitted only during the
calendar year in which the business change takes place and must be taken out by
the new business only.
b. Per business center
1.
One (1) portable sign displayed at a time not exceeding
thirty-two (32) square feet in area per sign;
2.
Each business center unit shall not be permitted more
than a maximum of one (1) such display period per calendar year;
3.
If all display periods for a calendar year have been
used and evidence is submitted to the Township that a new business has
commenced in a unit of a business center, one (1) additional display period
shall be permitted in that calendar year for that unit in a business
center.
4.
The additional sign shall be permitted only during the
calendar year in which the business change takes place and must be taken out by
the new business only.
Chapter 24
(k) Except for necessary drives and walks
the required front yard for a depth of thirty (30) feet shall be landscaped and
shall not be used for parking, loading, or accessory structures. Required off-street loading areas shall not
be provided in the front yard.
Chapter 24
(m) Where
a side and/or rear yard abuts a Residential District, there shall be a minimum yard
of not less than twenty five (25) feet, exclusive of parking and drives. Such yard shall contain a greenbelt which
meets the minimum standards of Sec. 3.11.
Furthermore, no commercial or industrial building and/or parking
lot shall be located closer than fifty (50) feet to any Residential
District boundary, (except when the residential district is HDR, in which
case parking need only be a minimum of 25 feet from the boundary exclusive of
parking and drives).
V.
Other Business
VI. Commissioner Comments
VII. Staff Comments
VIII.
Adjourn
The meeting was adjourned
at 9:30 p.m.