Minutes of the regular meeting of the Georgetown Township Planning Commission, held Wednesday, June 21, 2006

 

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

 

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

Absent: Stasiak

 

#060621-01 - Agenda for June 21, 2006

 

Moved by DeGood, seconded by Pearson, to approve the agenda for June 21, 2006, as presented.

 

MOTION CARRIED.

 

#060621-02 - Minutes of the May 17, 2006 regular meeting and the June 7, 2006work

session meeting

 

Moved by DeGood, seconded by South, to approve the minutes of the May 17, 2006 regular meeting, as submitted.

 

MOTION CARRIED.

 

Moved by DeGood, seconded by Pearson, to approve the minutes of the June 7, 2006 work session meeting, as submitted.

 

MOTION CARRIED.

 

#060621-03 – Unfinished Business- Planned Unit Development (PUD0601) Riverview Trails

 

The applicants have obtained an additional 12 acres and the additional submitted materials were forwarded to the planner for a review.  A meeting was held with the planner and applicants on Monday, June 5, 2006 for the purpose of obtaining additional information.  The planner provided a review in which he notes that the applicants have decided to combine the adjacent apartments (turned condos) in with the PUD for the purpose of constructing additional storage buildings and a community building.  The applicants will be compiling new plans to submit.  No action was taken and no site plan was available for review.

 

The Planning Commission directed that if the additional adjacent property is added to the plan, a new application should be submitted and the process should begin again with the pre-application meeting, and this application should be withdrawn.

 

#060621-04 - Unfinished Business - (ST0602) Jore Retail-2400 Chicago Dr.

 

The zoning administrator presented a review.  After the last meeting, the applicant was contacted and he reported that they have decided to not proceed.  Although the withdrawal was requested to be put in writing, nothing had been submitted.  This is the third month under old business and it is the PC’s policy to act on items under old business after three months. The site plan does not meet the requirements of the ordinance and the direction given by the Planning Commission in regards to: landscaping, curbing, parking and the elimination of one driveway. 

 

Moved by South, seconded by Pearson, to remove the item from the table.

 

MOTION CARRIED.

 

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

 

Moved by South, seconded by Huizinga, to deny the site plan for Jore Retail at 2460 Chicago Dr. as shown on the site plan dated 03/08/06, as submitted, because the site plan does not meet the requirements of the ordinance and the plan was not revised according to direction provided by the Planning Commission.

 

MOTION CARRIED.

 

#060621-05 - Ordinance Amendments Sec. 25.6(A), Chapter 24 footnote (k) and (m)

 

The zoning administrator presented a review.  At the March 15, 2006 meeting, the Planning Commission tabled the ordinance amendments for further discussion.  The public hearing was held in March.  The revisions brought the HS district in line with other districts and clarify the distance from commercial activities to a residential district.

 

Moved by Pearson, seconded by South, to remove the item from the table.

 

MOTION CARRIED.

 

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

 

Moved by Pearson, seconded by DeGood, to recommend to the Board to approve the following proposed ordinance amendments:

 

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.

 

 (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.

 

#060621-06 - Preliminary Plat of Crosswinds

 

Moved by DeGood, seconded by South, to remove the item from the table.

 

MOTION CARRIED.

 

Steve Smit, Focus Engineering, presented the request and a history of the process of the application.

 

The zoning administrator presented a review as follows.  The public hearing was held in May.  A revised plan was submitted for review at the June work session that included a stub street to the property at the northwest section of the site, plus inconsistencies with the General Notes were corrected.  The item was left tabled at the last meeting due to questions with the addition of a stub street to the property to the east.  The planner provided the information that the Township does have the authority to require a stub street (and to regulate the layout of a plat) under the Code of Ordinances (general ordinance) Sec. 50-51(1) (a) through (d) and the State Land Division Act, PA 288 of 1967, MCL 560.182(4)(a) gives the Township the authority to reject a plat which isolates other lands from existing public streets, unless suitable access is provided.  In addition, the Township has received a letter from Brett Laughlin, Ottawa County Road Commission, stating that a roadway shall be provided to the campground property to the east because the information became available that the campground property owner intends in the future either to develop the property or to sell it for development.  Further, a letter was received from applicant indicating that they do not intend to revise the plan to provide a stub to the east and want the Planning Commission to act on the last submitted site plan dated revised 5-18-06.

 

SUMMARY

 

The following items remained after the last meeting:

a.                   The addition of a stub street to the east to connect with the campground property for future development);

b.                  Recommendation for a variance for the length of the cul de sac should be made if a recommendation for approval is made since Sec. 50-51(3)(c.) in the Code of Ordinances allows a maximum length of a cul de sac to be 600 feet (the text does not stipulate whether or not the cul de sac is temporary or permanent).  Sec. 50-52 permits the Planning Commission to recommend a variance and the Board to grant a variance for the length; 

c.                   A note was added; however, documentation should be provided that a plat restriction will require all property owners to hook up to sewer within six months from the time it is available.

 

Steve Smit said that the Road Commission only gets one shot and they approved the layout without the stub street.

 

It was noted that while the Planning Commission and Township staff review the plans for compliance with ordinances and for overall layout, new pertinent information can become available during the public hearing which affects requirements for approval.  State law, as well as Sec. 50-26 of the Code of Ordinances, requires that a public hearing be held for purposes of obtaining additional information that bears upon the application.  The Code of Ordinances requires a public hearing and states that the Planning Commission shall consider such other information it obtains.  Therefore, since the Planning Commission became aware that the property owner to the east intends to develop the property sometime in the future, that new information should be considered in the plat review.

 

Steve Smit said that a variance is not needed for the street length since this is a temporary turn-around.

 

Honderd said that he disagreed and said that a variance would be required even though this is a temporary cul de sac.

 

Steve Smit said that the Township did not grant a variance for a plat near 22nd Ave. and Edson where the street was longer than the ordinance allowed.

 

The zoning administrator stated that the plat was Corey Estates No. 2 and the Township did grant a variance for the street length.

 

Honderd said that it was the responsibility of the Township to have the best development and it would help if sewer was available.  He said that the property could go to LMR and the two properties could be tied together in one development.

 

Pearson asked about having the planner review the stub.

 

South said that the stub to the east must be provided and that the length of the street was acceptable.

 

Moved by Pearson, seconded by South, to open the floor to public comments.

 

MOTION CARRIED.

 

No one was present to speak on this topic.

 

The chairman closed the floor to public comments.

 

Moved by Poskey, seconded by Huizinga, to recommend to the Township Board to deny tentative preliminary plat approval of Crosswinds Plat as shown on the drawing dated 5/18/06 because a connection is not shown to the property to the east as directed by the Planning Commission (with authority given to the Township in the Township Code of Ordinances Sec.  50-51 (1) Street Layout (a) through (d) and the State Land Division Act, PA 288 of 1967, MCL 560.182(4)(a) which gives the Township the authority to reject a plat which isolates other lands from existing public streets, unless suitable access is provided).

 

Poskey said that the property to the east would definitely be developed sometime in the future and it was the responsibility of the Planning Commission to take a longer view in the future and to look ahead.  He said that it was in the best interest of the Township for the connection to the east to be provided and this was something that needed to be done.

 

Yeas:    Honderd, Poskey, DeGood, South, Huizinga    

Nays:   Pearson

Absent: Stasiak

 

MOTION CARRIED.

 

#060621-07 - Site Plans (ST0605) Meijer-550 Baldwin (revision for pharmacy drive-up window)

 

Greg Heath, Meijer, 2929 Walker, said that he was requesting to change the approved site plan to reverse the flow of traffic for the drive-in pharmacy window because they saw an opportunity to improve the entry area.  He said that the three reasons for the revision are 1) for vehicles entering the area for less traffic, 2) for vehicles waiting to exist there would be less traffic, and 3) the distance to the store entrance would increase by 15 feet which is a safer process.  He said that the memo from the planner supports the revised traffic flow.

 

The zoning administrator presented a review as follows.  The proposal is to revise the pharmacy drive-in window area to accommodate a flow of traffic that is reversed compared to what had been approved in December 2005.  Due to the fact that the tube system does not work and there are circulation issues due to the proximity of the drive-in window to the store entrance with the previously approved site plan, the applicants are proposing to reverse the traffic flow to go from east to west.  The Planning Commission discussed the request at the last meeting and determined that an expert should provide a recommendation.  Therefore, the submittal materials were forwarded to the planner for a review.  A meeting was held with the applicants and planner on Monday, June 5, 2006 and the planner conducted multiple other site visits.  With motion #051207-01, the Planning Commission approved the site plan dated 11/22/05 titled “Option A,” as submitted with a condition that signage was provided prohibiting vehicles from the east making a left hand turn into the drive lane for the tube and that signage was provided on the site to clarify the desired path for vehicles entering from the east to access the tube.  The overall site plan that was submitted for this new application is dated 11/17/2005 and is NOT the same one that was approved by the Planning Commission on 12-7-05 for the pharmacy drive-in window and the open air business.  The site plan approved by the Planning Commission on 12-7-05 is dated 11/22/05 shows all the required elements as well as provides an accurate depiction of the overall site.  This plan dated 11/17/2005 appears to be the plan that was initially submitted and is NOT correct because the elements required by the Planning Commission are not shown nor does it accurately depict the overall site.  If any action for any type of approval is taken by the Planning Commission, caution should be exercised that the action is ONLY for the proposed pharmacy drive-up overlay with respect to traffic circulation and NO action should be taken on the incorrect overall site plan.  A review from the planner was presented with a conclusion as follows:

 

“The primary difference {of this store from others} is the flow of traffic from the primary streets serving the store, Baldwin and Cottonwood.  These two streets merge at the northeast corner of the store creating an intensive traffic intersection encountering a large portion of the traffic entering and leaving the site.  This traffic apex area is also complicated with the location of a main store entry and now the pharmacy drive-up window.  As designed and approved by the Planning Commission, the drive-up access point is off the main drive area to the east with the exit at the convergence of the main drives and the store entry.  We are of the opinion this is the best design for this location given the busy location of both automobile and pedestrian traffic.  If this flow were reversed, a potential drive-up customer in the busy intersection will probably wait for either auto or pedestrian traffic to clear before making a left hand turn into the drive-up access aisle.  This will have the tendency of backing up traffic in the busy area.  Based on this, it is our opinion the current design should stand as approved.”

 

Huizinga said that it looked like an improvement.

 

Poskey abstained from discussion and voting.

 

Pearson questioned the meaning of the review from the planner.

 

Honderd said that in the review, the planner’s conclusion was that he favored the previously approved plan.

 

The zoning administrator stated that during her conversation with the planner he had indicated that his opinion was that the approved plan was better than the proposed plan with the reverse flow.

 

Mike Kinstall, Meijer Vice-President of Real Estate, said that he met with the planner and that the planner was confused about what was initially approved because the planner was in favor of the current design.

 

Honderd said that even though the planner’s review was confusion, the last paragraph clears it up because he states that the plan should be left as approved.

 

Mike Kinstall asked why the planner would say his opinion is one way and then change it.

 

Pearson asked that if the revised plan is denied and the site is kept as previously approved, would they make the tube system work.

 

South said that he does not like either plan because the location of the pharmacy drive-in window would have problems either way.

 

DeGood said that getting into it from the east and leaving from the west was a better solution because vehicles would not be backing into the entrances.  He said that there would be problems with cars exiting as proposed on the newly revised plan because they would mix with on-coming traffic.  He said that the flow from east to west was the best.

 

South asked how much use there would be for the window and was told about 7 per hour during the peak times of 11:00 to 1:00 p.m. and 5:00 to 7:00 p.m.

 

In response to the question by the chairman in regards to the memo from Grand Haven Township, the zoning administrator stated that since the planner’s memo was so confusion, she had contacted the Ottawa County Road Commission and asked for direction in regards to traffic flow and circulation.  They had suggesting talking to Grand Haven Township since they had a store with a similar layout and recently considered the same scenario.  She further explained that Grand Haven Township had denied the whole pharmacy drive-in window due to traffic and circulation concerns.

 

The chairman opened the floor to public comments.

 

Darleen Groendal, 5787 Stonebridge Dr., said that it would be better to have the driver access the drive-in window rather than a tube.

 

The chairman closed the floor to public comments.

 

Mike Kinstall asked what the significance of Grand Haven Township was and why had they been contacted if there were 50 other stores that had gotten approvals.  He asked why the other stores that had approvals were not contacted.

 

The zoning administrator explained that she had visited numerous Meijer stores and viewed the pharmacy drive-in windows, but most stores were not laid out like the one in Jenison.  She said that this is an older store that they were trying to redesign and that posed different unique specific traffic and circulation problems.

 

Greg Heath said that the planner had referenced the Cascade planner who indicated that they had no problems.  He said that hopefully the Planning Commissioners had visited other stores.

 

Pearson said that he had visited the store and spent time viewing the area.  He said that he was amazed that there were not more accidents because it was not a good layout and that the Planning Commission made a mistake approving the pharmacy drive-in at this location.  He said that keeping the traffic heading in the same direction and going to the right lane to the access the tube was the lesser of two evils.  He said that he sat there and watched traffic on a Saturday afternoon and it was a mess.

 

Mike Kinstall said that all the work on the site was not completed yet.

 

The zoning administrator said that she agreed with Pearson because she visited the store and parked in the south parking lot.  She said that since the entrance on the east side of the building had been closed, those who parking in the south parking lot had to walk through vehicle lanes, traffic, an intersection and through the pharmacy drive-in window area to get to the closest store entrance on the north side of the building.  She said that with all the vehicles traveling in both directions, it did not matter which way the traffic went because it was a bad layout either way.

 

Mike Kinstall said that it is the same at other stores and a pedestrian has never been hit by a car.

 

Moved by Pearson, seconded by DeGood, to deny the site plan dated 11/17/2005 based on the findings that the circulation as proposed would be detrimental to both pedestrian and vehicular traffic, with the authority given to the Planning Commission under Sec. 20.3(A) General Standards for Special Use Permits since this is a site plan for a special use permit for the drive-in window and with authority given to the Planning Commission under Sec. 19.10(C) Review Standards for a site plan for Drives, Parking and Circulation.

 

Huizinga said that although neither plan was ideal, he thought that the east to west flow was an improvement.

 

Yeas:    Honderd, South, DeGood, Pearson

Nays:   Huizinga

Abstained: Poskey

Absent: Stasiak

 

MOTION CARRIED.

 

#060621-08 - Special Use Permit (SUP0604) LaMacchia Group, LLC, 309 North Water Street,

Milwaukee, WI, is requesting to have a drive-in financial establishment under Sec. 14.3(E), on a parcel of land described as P.P. # 70-14-22-364-006, located at 2187 Port Sheldon, in a (NS) Neighborhood Service Commercial district, Georgetown Township, Ottawa County, Michigan. (site plan 1, 2, 3) (lighting, landscaping, elevation, first floor, sketch) (letter from OCRC re: additional driveway access)

 

Joe Minorik, LaMacchia Group LLC, represented the applicant and presented the request.

 

The zoning administrator presented a review consisting of the following.  The proposal is for a 3,173 square foot one-story building at the corner of Port Sheldon and Center Industrial Dr. for the use of a financial institution with a drive-in window.  At the last meeting the determination was made that the stacking and on-site traffic circulation was acceptable.  It appeared that all the general standards in Sec. 20.3 and specific standards in Sec. 20.4(L) are met.  The only issue that remained was the additional proposed curb cut on Port Sheldon.  The Township received a letter from Brett Laughlin, Ottawa County Road Commission, stating that the Ottawa Count Road Commission would NOT approve a driveway access to Port Sheldon from this property and that access would have to be obtained from the existing driveway to the west or a possible future driveway access from Center Industrial Dr.  The plan has been revised to shown the interior service lane on the adjacent property to the east and an access driveway on Center Industrial Dr.  The Road Commission sent a letter to the Township stating that they had approved this new location for the driveway access. 

 

Poskey stated that the Planning Commission appreciated the fact that the applicant listened to the direction given and responded by addressing the issues in a way that was good for the Township.

 

The chairman opened the public hearing.  No one was present to speak on this topic.  The chairman closed the public hearing.

 

Moved by DeGood, seconded by Pearson, to recommend to the Township Board approval of Special Use Permit (SUP0604) LaMacchia Group, LLC, 309 North Water Street, Milwaukee, WI, to have a drive-in financial establishment under Sec. 14.3(E), on a parcel of land described as P.P. # 70-14-22-364-006, located at 2187 Port Sheldon, in a (NS) Neighborhood Service Commercial district, Georgetown Township, Ottawa County, Michigan, because the proposed plan meets the applicable standards of the ordinance for the general special use standards under Sec. 20.3(A) and the specific special use standards under Sec. 20.4(L).

 

MOTION CARRIED.

 

Moved by DeGood, seconded by Pearson, to approve the site plan dated revised 6-13-06, as submitted, because the plan meets all applicable standards of the ordinance under Sec. 19.4. 

 

MOTION CARRIED.

 

#060621-09 - Rezoning (REZ0605) To change from (RR) Rural Residential to (LDR) Low Density

Residential part of a parcel of land described as P.P. # 70-14-09-200-021, located at 2445 Bauer Rd., map, survey

 

John Cross, 8770 24th Ave., represented the applicant and presented the request. 

 

The zoning administrator presented a review as follows.  The request is to rezone 8.35 acres on the northwest corner of Bauer Rd. and 24th Ave.  At the last meeting, documentation was provided detailing that the request is consistent with the Future Land Use Map (although driveway accesses should be limited), LDR is compatible with the surrounding area, and the site is capable of sustaining the uses permitted in the LDR district both by right and by special use permit.

 

The chairman opened the public hearing.

 

Lucille Lowing, 2392 Bauer Rd. stated a concern with the size of the lots, the large volumes of current traffic on 24th Ave., and she wants to hook up to the new sewer if it becomes available.

 

The zoning administrator explained that the minimum sizes of the lots allowed in the LDR district were 85 feet in width, 110 feet in width for a corner lot, and 11,475 square feet in area.  She explained that the setback on Bauer Rd. is 100 feet from the centerline.

 

Honderd said that traffic issues were handled by the Road Commission and they were reactive.  He said that the LDR zoning designation is consistent with the Master Plan and compatible with the surrounding area.

 

Ken Prins, 8518 24th Ave., was concerned with floodplain issues and storm water drainage.

 

The zoning administrator said that floodplain information was required to be shown on plat maps and on building permit applications, and that a DEQ permit was required for any activity in a floodplain.

 

The applicant explained that he was in the process of working to map out the floodplain.

 

Ken Prins said that cars line up on 24th Ave. trying to exit onto Bauer Rd.

 

John Cross said that he intends to minimize access with shared drives.

 

Honderd explained that at this stage of the process, the Planning Commission had no authority over such issues, but rather had other criteria to use to review the rezoning.

 

Sam D’Amico, 2430 Bauer Rd., said that he was confused about the split for the farmhouse and asked how the rezoning could be approved without knowing the end result.

 

Honderd explained that the rezoning was evaluated according to consistency with the Master Plan and compatibility with the surrounding area.  He said that the other issues would be reviewed at the time of preliminary plat approval.

 

Sam D’Amico said that this would not help with vehicles getting out on 24th Ave.

 

Honderd said that in the later stages of plat review, approval would be required from the Road and Drain Commission.

 

Ken Prins asked how many lots there would be.

 

The zoning administrator said that there could be four splits plus an area that the applicant planned to plat.

 

Honderd said that this review was for the rezoning and the Planning Commission was not reviewing the number of splits.

 

Sue Prins, 8518 24th Ave., said that the Planning Commission should take into consideration the kids who walk on this street and that it is extremely difficult to get across the road.  She said that the creek floods regularly.

 

Lucille Lowing said that she watches the kids go across and the cars can not be seen coming over the hill.

 

Darleen Groendal, 5787 Stonebridge Dr., said that progress is going to happen and this should not stand in the way of the success of builders.

 

The chairman closed the public hearing.

 

Pearson asked about sidewalks.

 

The zoning administrator said that they were the responsibility of the developer.

 

South said that traffic was heavy in the area and would become heavier with future development to the north that comes off 24th Ave.  He said that eventually there would be a traffic light at Bauer and 24th Ave.

 

Moved by South, seconded by Pearson, to recommend to the Township Board approval of Rezoning (REZ0605) to change from (RR) Rural Residential to (LDR) Low Density Residential part of a parcel of land described as P.P. # 70-14-09-200-021 (as presented on the survey by Focus Engineering dated 8-31-05, File No. 204505-1), located at 2445 Bauer Rd. based on the findings that the LDR designation is consistent with the Master Plan and Future Land Use Map, LDR is compatible with the surrounding area, and the site is capable of sustaining the uses allowed by right and special use permit in the LDR district.

 

MOTION CARRIED.

 

#060621-10 - Preliminary Plat of Summerset West, plan, association documentation

 

Stan Jager represented the developer and presented the request.  He said that the 53 lots would be developed in one phase.

 

The zoning administrator presented a review as follows.  Preliminary plat approval is sought for 53 lots in a LDR district with public utilities on a 53.92 acre parcel.  The proposal appears to meet all zoning and general ordinances.  The plan also appears to meet the criteria for the Planning Commission to recommend a variance for the length of the Stonehenge Dr. (1469 lineal feet) and of Chancellor Dr. (1583 lineal feet) under Sec. 50-51(1) in the Code of Ordinances which allows a maximum length of a street to be 1,300 or a block to be 1,500.  Sec. 50-52 permits the Planning Commission to recommend a variance and the Board to grant a variance for the length.  A revised plan has been submitted with minor changes to lots 52 and 53.  In accordance with direction given at the last meeting, the applicant has submitted documentation from their attorney that an association would be formed to maintain the common area. 

 

The chairman opened the public hearing.

 

Darleen Groendal, 5787 Stonebridge Dr., said asked about the road length for a variance.

 

The zoning administrator stated that the ordinance stipulated the maximum length of a street measured from the center of one intersection to another.

 

Pam Weston, 640 44th St., asked about the land adjacent to 8th Ave.

 

A GIS map was presented on the screen.

 

Dan Jones, 359 Stonehenge, questioned the setbacks and sizes of houses.

 

There was discussion regarding the sizes of houses and lots, and of setbacks.

 

Honderd explained that the Planning Commission only had authority over issues relating to Township ordinances and that the Planning Commission reviewed the lots for compliance with the minimum requirements in the ordinance, although the developer was proposing to exceed the minimum requirements.

 

Rich Hansen, 5575 Stonebridge, asked bout the minimum lot depths.

 

Honderd said that the building envelopes were required to be shown on the plan so that the Planning Commission could verify that a house could be built on the lot.

 

The applicant stated that they were currently working on the engineering and finalizing the covenants and restrictions.  He was considering conservation easements.

 

Jim Peterson, 5954 8th Ave., said that there would be a homeowners association.

 

The chairman closed the public hearing.

 

Moved by Pearson, seconded by Poskey, to recommend to the Township Board to grant tentative preliminary plat approval of Summerset West as shown on the drawing dated revised 6-12-06 and to recommend a variance for the length of the Stonehenge Dr. (1469 lineal feet) and of Chancellor Dr. (1583 lineal feet) under Sec. 50-51(1) in the Code of Ordinances which allows a maximum length of a street to be 1,300 or a block to be 1,500.  Sec. 50-52 permits the Planning Commission to recommend a variance and the Board to grant a variance for the length and with the condition that an association is created to maintain the common areas.

 

MOTION CARRIED.

 

#060621-11 – Adjournment

 

The chairman adjourned the meeting at 9:30 p.m.