Minutes of the regular meeting of the Georgetown Township Planning Commission, held Wednesday, March 15, 2006

 

Meeting called to order by Chairman Honderd at 7:30 p.m.

 

Present:            Honderd, Poskey, Huizinga, South, Pearson, Stasiak

Absent: DeGood

 

#060315-01 - Agenda for March 15, 2006

 

Moved by Del South, seconded by Ed Stasiak, to approve the agenda for March 15, 2006, as presented.

 

MOTION CARRIED.

 

#060315-02 - Minutes of the February 15, 2006 regular meeting and the March 1, 2006 work

session meeting

 

Moved by Michael Pearson, seconded by David Poskey, to approve the minutes of the February 15, 2006 regular meeting, as submitted.

 

MOTION CARRIED.

 

Moved by Ed Stasiak, seconded by Del South, to approve the minutes of the March 1, 2006 work session meeting, as submitted.

 

MOTION CARRIED.

 

#060315-03 - Unfinished Business (SUP0513) Orion Construction, 7559 36th Ave.

 

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.

 

#060315-04 – Unfinished Business- Planned Unit Development (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)

 

The applicant had submitted a letter asking for more time to research options.  No action was taken.

 

#060315-05 - (PUD0603) Ed DeVries Properties Inc., located at the southwest corner of 44th St. and 8th

Ave. at Gleneagle Highlands Dr.

 

The application is scheduled for further review on April 12, 2006 and a public hearing is scheduled for April 19, 2006.  No review and no action was taken on the item.

 

#060315-06 - Site Plans-(ST0602) Jore Retail, 2460 Chicago Dr., site plan, (application)

 

Bob Pomeroy, Cox Medendorp Olson Architects, Inc., represented the applicant and presented the request.  He stated that the comments made at the work session were taken into consideration and they had resubmitted the site plan with the recommended changes as follows.  The revised plan proposes a compromise that would provide 9 feet of landscaped area along the entire width of the parcel in addition to six pods of a landscaped area.  Angled parking is shown along Chicago Dr. and this parking area was moved back to a location 9 feet from the right-of-way line.  Landscaping is provided in accordance with ordinance requirements in the 9 foot area.  In addition, the six landscaped pods have been proposed for a depth equal to the end of the angled parking spaces to be located on both sides of each of the driveways, the sign area and at the northeast of the site.  The plan shows 18 trees that meet the ordinance requirement.  Due to the addition of the landscaped area in the front yard setback, the angled parking spaces and the requirement of additional parking spaces for the two additions, the number of parking spaces required is 147 and only 120 are provided.  A waiver of 18.37% is requested.  Sec. 26.9 (K) allows the Planning Commission to grant a reduction of up to 25% of the number of parking spaces if the following conditions are met.

 

The planner presented a review.  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.  Another 3,467 square foot addition is shown on the northeast of the building.  Parking along the right-of-way has been moved toward the building and angled to provide for a 9 foot landscaped area that shows 18 trees which meets the ordinance requirements.  In addition, pods have been shown adjacent to the two driveway accesses and in the area of the sign.  Additional parking is shown to the southeast of the building and the refrigeration units are noted to be removed.  The site is located in a floodplain and proposed elevations show construction over one foot above the 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.  He further stated that he felt a good compromised had been achieved however he felt the Planning Commission should consider requesting that the drive approaches be curb to keep the site looking cleaner and preserving the landscaped areas.  He also suggested they look at the closing of one of the driveways which would allow a few more parking spaces.

 

The chairman opened the floor to public comments. 

 

Discussion took place among the members of the planning commission, the planner, the applicant Mr. Booker and Bob Pomeroy, Cox Medendorp Olson Architects, Inc.  The discussion included but was not limited to opinions on landscaping, curbing, parking, removal of the driveway and elevations.  Mr. Booker stated that although he appreciated the input and what the Planning Commission members were trying to achieve he was becoming frustrated with all the requirements being placed on his proposed site changes.  He is already spending a great deal of money for the proposed changes as they currently stand and the reality is he could leave the site just as it is.  Greg Honderd explained that the Planning Commission has made their recommendations as outlined below and that it is his choice if makes any or all of those changes in time for the next meeting.

 

The chairman closed the floor to public comments.

 

      The Planning Commission recommended the following:

 

1.                  Landscaping/Curbing- The general consensus was that the landscaping plan needs to be dressed up a little bit, to include a little more variety which might include some ground covering.  It is required that a new landscape plan submitted prior to a building permit being issued. Curbing will be required as it gives a cleaner appearance and provides protection to the landscaped area. 

 

2.                  Parking: Members of the Planning Commission had concern regarding the number of parking spaces with regard to the parking needs of the future tenant who occupies the space.  Planning Commission reminded applicant that if there are request for any future site changes the parking issue will arise again.

 

3.                  Elevation: Planning Commission accepted the elevation.

 

4.                  Removal of one driveway: The majority of the Planning Commission members wanted one driveway closed, which would result in 3-4 more parking spaces.

 

Moved by Cornelius Huizinga, seconded by Ed Stasiak, to approve the site plan for Jore Retail at 2460 Chicago Dr. as shown on the site plan dated 03/08/06, as submitted, with the following conditions:

 

1.                  The refrigeration units must be removed prior to a building permit being issued for the construction of either of the additions;

2.                  A Zoning Compliance Certificate must be obtained for each new tenant in the building;

3.                  An as-built Elevation Certificate must be provided prior to occupying either of the new additions.

4.                  Raised Curbing provided at driveways.

5.                  Landscape plan be provided prior to a building permit being issued for construction of either of the additions.

6.                  Engineer to provide certification that existing location of addition is not in the floodplain.

 

MOTION DENIED.

 

Yeahs: Cornelius Huizinga, Ed Stasiak

Neahs: Greg Honderd, Del South, Dave Poskey, Michael Pearson

 

Moved by David Poskey, seconded by Del South, to table the site plan for Jore Retail at 2460 Chicago Dr. as shown on the site plan dated 03/08/06, as submitted.

 

MOTION CARRIED.

 

#060315-07 - Rezoning (REZ0602) To change from (RR) Rural Residential to (LDR) Low Density

Residential parcels of land described as P.P. # 70-14-09-200-005 and -014, located at 8745 24th Ave. maps

 

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.  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.  There are 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.

 

At the last meeting, the Planning Commission approved a motion to inform the property owners of the consideration for rezoning their property.  Letters were sent, in addition to the property notices, explaining to each property owner of the consideration for rezoning, along with pertinent information regarding the meeting date and time, and instructions to call the Township if they have questions or concerns.  Copies of the letters were including in the files.

 

The planner presented a review.

1.                  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.

 

The chairman opened the public hearing.  The property owner Della Braun was present and spoke of her reluctance to agree to have her property rezoned.  Her greatest concern came from not being able to burn her brush pile that is large and she has no way to have hauled off of her property.  Ed Francik, 2511 Willowview, asked for an explanation of the difference between the two types of zoning and the Planner explained.

 

The chairman closed the public hearing.

 

Moved by David Poskey, seconded by Ed Stasiak , to recommend to the Township Board denial of the Rezoning request (maps) (REZ0602) To change from (RR) Rural Residential to (LDR) Low Density Residential parcels of land described as P.P. # 70-14-09-200-005 and -014, located at 8745 24th Ave., Georgetown Township, Ottawa County, Michigan, because rezoning the property is against the homeowners wishes.

 

MOTION CARRIED.

 

#060315-08 - (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.

 

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.  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.  There are 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.

 

At the last meeting, the Planning Commission approved a motion to inform the property owners of the consideration for rezoning their property.  Letters were sent, in addition to the property notices, explaining to each property owner of the consideration for rezoning, along with pertinent information regarding the meeting date and time, and instructions to call the Township if they have questions or concerns.  Copies of the letters were including in the files.

 

The planner presented a review.

1.      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.

           

The chairman opened the public hearing.  The property owner, Jason Plaggemars, 2944 Bauer, asked if this will change how close his neighbors can build to his property and the planner explained that it doesn’t and in fact would change how close he could build to them.  The property owner stated that he did not have an issue with his property being rezoned.

 

The chairman closed the public hearing.

 

Moved by David Poskey, seconded by Michael Pearson , to recommend to the Township Board approval of the Rezoning (maps) ((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., Georgetown Township, Ottawa County, Michigan, because rezoning the property would be consistent with the Future Land Use Map, the parcels are capable of being used in the LDR designation and basically are used according to the LDR designation now, the LDR designation would be more compatible with the surrounding areas since the surrounding areas are already zoned LDR and the rezoning would eliminate a spot zoning situation.

 

MOTION CARRIED.

 

#060315-09 - (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, MI.

 

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.

 

The planner presented a review.

1.      The rezoning to CS would be consistent with the Future Land Use Map.

2.      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.

3.      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 during that time. 

 

The chairman opened the floor to public comments.  No one was present to speak on this topic. 

 

The chairman closed the floor to public comments.

 

Moved by Ed Stasiak, seconded by David Poskey, to recommend to the Township Board denial of the Rezoning request (maps) (REZ0604) To change from (AG) Agriculture and (NS) Neighborhood Service to (CS) Community Service Commercial parcels of land described as P.P. # 70-14-07-100-016 and -017, located at 8500 and 8420 48th Ave., Georgetown Township, Ottawa County, MI.

 

MOTION DENIED

Yeahs: Ed Stasiak, David Poskey

Neahs:  Del South, Greg Honderd, Cornelius Huizinga, Michael Pearson

 

Moved by Michael Pearson, seconded by Cornelius Huizinga, to recommend to the Township Board approval of the Rezoning request (maps) (REZ0604) To change from (AG) Agriculture and (NS) Neighborhood Service to (CS) Community Service Commercial parcels of land described as P.P. # 70-14-07-100-016 and -017, located at 8500 and 8420 48th Ave., Georgetown Township, Ottawa County, MI., because rezoning the property would be consistent with the Future Land Use Map, the parcels are capable of being used in the CS designation and basically are used according to the CS designation now, the CS designation would be compatible with the surrounding areas since the area to the north is zoned PUD with mixed uses consisting of commercial and residential uses and the area to the west is commercial, and this would eliminate a potential non-conforming situation if the area becomes privately owned.

 

MOTION CARRIED.

 

#060315-10 - Ordinance Amendment Sec. 20.4 (H) (1) (f) Commercial Soil Removal

 

The Board initiated the Zoning Ordinance amendments to Sec. 20.4

 

The planner presented a review.

 

Moved by David Poskey, seconded by Michael Pearson, to recommend to the Township Board approval of the zoning ordinance amendment to Sec. 20.4(H)(1)(f) as follows to allow review and action by the only Mining Board rather than the series of approvals necessary from the Planning Commission, Township Board, Mining Board and possibly the ZBA:

 

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.

 

            MOTION CARRIED.

 

#060315-11 - Ordinance Amendments-Sec. 25.6(A)

 

The Board initiated the Zoning Ordinance amendments to Sec. 25.6.

 

The chairman opened the floor to public comments.  Peggy, an employee of 919 44th Street and Cindy Haight, business at 557 Baldwin, stated that she had a concern with the number of portable signs allowed per calendar year as it relates to single businesses.

 

The chairman closed the floor to public comments.

 

Moved by David Poskey, seconded by Ed Stasiak, to recommend to the Township Board to table the request of the zoning ordinance amendment to Sec. 25.6(A) as outlined below as the Planning Commission would like some amendments to the proposed changes.

 

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.  

 

MOTION CARRIED.

 

#060315-12 - Ordinance Amendments-Chapter 24 footnote (k)

 

The Board initiated the Zoning Ordinance amendments to Chapter 24 footnote (k).

 

Moved by David Poskey, seconded by Cornelius Huizinga, to recommend to the Township Board to table the request of the zoning ordinance amendment to Chapter 24 footnote (k) as outlined below as it needs to be discussed further.

 

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.

 

MOTION CARRIED.

 

#060315-13 - Ordinance Amendments-Chapter 24 footnote (m)

 

The Planning Commission initiated the Zoning Ordinance amendments to Chapter 24 footnote (m).

 

Moved by David Poskey, seconded by Cornelius Huizenga, to recommend to the Township Board to table the request of the zoning ordinance amendment to Chapter 24 footnote (m) as outlined below as it needs to be discussed further.

 

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).

 

MOTION CARRIED.

 

#060315-14 – Other Business

 

            Discussion took place regarding the zoning requirements for allowing wood burning heating units            within the Township limits.  The Planning Commission members agreed that this item needs to be   researched and further addressed.  Mr. and Mrs. Tim Knight were present and participated in this   discussion.  

 

#060315-15 – Adjournment

 

The chairman adjourned the meeting at 9:20 p.m.