Minutes of the work session of the Georgetown Township Planning Commission held Wednesday, July 5, 2006

 

The meeting was called to order by Chairman Honderd at 7:30 p.m.

 

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

Absent:            Poskey

 

The work session, which formulated the agenda for July 19, 2006, included the following items to be placed on the agenda, discussion, and action:

 

I.                   Approval of agenda

 

II.                Approval of minutes of the June 21, 2006 regular meeting and the July 5, 2006 work session meeting

 

III.       Unfinished Business

A.                (PUD0601) Riverview Trails Development Group 7784, 7804, 7746 Cottonwood

 

The applicant has obtained an additional 12 acres and the materials were forwarded to the planner for a review.  A meeting with the applicants and planner was held.  At the June 21, 2006 meeting, the Planning Commission directed that if the adjacent property was added to the PUD, the application should begin the whole process over with a new application and new pre-application meeting since all ordinance elements would have to be reviewed again.  The applicant was contacted and is working on the new plans.  Notice for the public hearing has not been published.  No action was taken; however, the Planning Commission directed that action to deny or accept a withdrawal should take place at the regular meeting.

 

IV.       New Business

A.        Site Plans

 

#060705-01 – Site Plan (ST0606) REVISION Randy Rottschafer-610 Baldwin

 

Randy Rottschafer presented the request and stated that he wants paved access to the proposed accessory building either with an additional curb cut or with paving along the building.  He submitted plans with two options.

 

The zoning administrator presented a review as follows.  The applicant is requesting to revise a previously approved site plan (actually two previously approved site plans, one for the building that has already been constructed and one for a future accessory building) to provide paved access to the proposed accessory building.  The applicant has submitted two proposals.  Site plan 1 shows an additional curb cut/driveway access to Thomas St. and site plan 2 shows the dumpster moved to the south adjacent to the west side of the proposed accessory building with pavement along the whole length of the west side of the existing building to the proposed accessory building.  Randy Rottschafer received site plan approval for the building at 610 Baldwin on January 21, 2004.  The building was subsequently completed.  On June 15, 2005 the Planning Commission approved a site plan for an accessory building on the site to be located in the rear yard to the south of the now existing building.  On June 7, 2006, the Planning Commission approved an extension of time for the site plan approval for the accessory building until December 15, 2006.  At the June 7, 2006 meeting, there was discussion regarding Randy Rottschafer’s request to have paved access to the proposed accessory building by either 1) having an additional curb cut on Thomas St. with direct driveway access to the accessory building or 2) to move the dumpster to the south next to the proposed accessory building and have pavement along the side of the building to the south for access to the accessory building.  The consensus of the Planning Commission at the June 7, 2006 meeting was to not permit the dumpster to be moved to the south because the property abuts a residential district and the noise from the dumpster would be detrimental to the neighboring residential uses.  The Planning Commission directed the applicant to make a formal site plan review application for the consideration of the additional curb cut due to the fact that the additional curb cut was not a minor change with circulation issues.  The applicant has indicated that the Ottawa County Road Commission has approved the additional curb cut.  It was noted at the June 7, 2006 meeting that there were no guarantees for site plan approval for either of the options because some of the PC members were opposed to approving either revision.  Some members of the Planning Commission were opposed to the additional curb cut due to the following reasons: 1) the proposed use of the accessory building was to be for snow removal equipment, photo props and records, but the driveway would provide more opportunities for additional more intense uses and more accesses; 2) the accessory building abuts a residential district and the additional traffic possibilities would be detrimental to the neighboring residential uses; 3) the Planning Commission noted that they should consider the access in the long term and it could present noise issues and traffic conflicts in the future and the additional activity should be limited and not allowed since it was close to a residential district.  The plan has not been reviewed according to the requirements of the ordinance since the site plan has already been approved both for the existing building and the proposed accessory building.  The only elements that were reviewed were the proposed revisions for the paved access to the accessory building. 

 

The Fire Department memo was presented.

 

South stated that he preferred the additional curb cut rather than moving the dumpster.  He said that when the site plan for the accessory building was initially submitted to the Township, no additional drives were shown and he asked what had changed.

 

Randy Rottschafer said that they planned to store their snow plow truck in the accessory building and they could drive across the grass if they had to, but that does not make sense.  He said that any size pavement would work and they just need the access to the building.

 

DeGood said that the access coming off Thomas was a better option but it would have to be wider for the Fire Code.

 

Stasiak said that he was not in favor of the access because it opens up the option of more intense uses next to a residential district.  He said that the Planning Commission had been opposed to additional curb cuts at the time the initial building was approved.  He asked about the footnote and was told that footnote (l) requires a front yard setback in the NS district to only be used for landscaping and should not be used for parking, loading or accessory structures.

 

Honderd said that the initial plan that was approved was good and limited the accesses.  He said that more intense uses would be detrimental to the residential area.

 

Huizinga said that he preferred site plan 1 but it was a moot point if it was not allowed.

 

There was discussion regarding the paved access and the size of the pavement.

 

Pearson said that site plan 1 was the most logical and he wanted to help the applicant achieve his goal.  He asked if conditions could be imposed for the uses.  He said that as a former fire fighter, he thought that the ten feet would be okay because that area would not be used to fight a fire.

 

The zoning administrator stated that conditions could be imposed; however, it would be difficult to monitor and enforce any conditions.

 

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

 

Moved by Pearson, seconded by South, to table the entire request to obtain information from the Fire Department.

 

MOTION CARRIED.

 

#060705-02 – Site Plan (ST0607) REVISION Cottonwood Heights Christian Reformed Church-

1101 Cypress

 

Dan Vandenberg represented the applicant and presented the request.

 

The zoning administrator presented a review as follows.  A special use permit and site plan were approved in November 2005 for an expansion consisting of a Youth Building, addition to the daycare facility, and portico for the existing church building.  The request is to increase the size and relocate the proposed Youth Building adjacent to the existing church building.  The previously approved Youth Building was proposed to have 3,200 square feet in area and the new building is proposed to have 6,400 square feet in area.  The relocation of the Youth Building has caused the elimination of parking spaces that were to be located at this spot.  The revised plan calls for 56 spaces to be deferred to the future according to Sec. 26.9(J).  The previously approved number of parking spaces was 269 and the new proposal is to have 225 with an additional 56 deferred for a total of 281.  The new proposed aisle meets the ordinance requirement of 24 feet for two-way traffic.  The deferred parking request appears to meet the criteria in Sec. 26.9(J) for approving deferred parking places.  At the November 16, 2005 meeting, the Planning Commission recommended to the Board approval of the special use permit for a church and approved the site plan dated 11/7/05.  At the November 28, 2005 meeting, the Board approved the special use permit for a church.  The plan has not been reviewed according to the requirements of the ordinance since the site plan has already been approved.  The only elements that were reviewed were the proposed revisions for the relocation of the Youth Building and the affect of the relocation on the number of parking spaces and the drive aisle.  The new location meets all setback requirements and it appears that adequate parking spaces have been provided in addition to the 56 deferred.  If the parking spaces are needed for the future, they are available.

 

It was noted that as requested, the applicant presented letters from the neighbors in favor of relocating the Youth Building closer to the church building.

 

Pearson asked if elevations could be provided.

 

The applicant stated that they were basically the same as supplied for the previous approvals and would match the existing church building, but he would provide an elevation to the Township.

 

South noted that the request meets the Fire Codes as per the Fire Department memo.

 

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

 

Moved by Pearson, seconded by Stasiak to approve the site plan dated 6-14-06, as submitted, because the proposed plan meets the applicable standards of the ordinance, with the condition that the additional deferred parking spaces be added if needed according to Sec. 26.9(J), and that a copy of the elevation be provided to the Township.

 

MOTION CARRIED.

 

#060705-03 – (PUD0602-2) Final Development Plan Andre’s Crossing (Lee Dykema)-site plan

           

Todd Stuive, Exxel Engineering, represented the applicant and presented the request.  Lee Dykema was also present.  Todd Stuive noted that all the agency approvals had been provided.

 

The Fire Department memo was presented and the applicants noted that they would comply with the Department of Public Works and the Fire Department; however, they would have to work out the requirement since they each wanted something different.

 

The zoning administrator presented a review consisting of the following.  The request is for final development approval for Andre’s Crossing for 16 duplex buildings for a total of 32 units.  The PUD is shown to be constructed in one phase.  At the March 1, 2006 meeting, the Planning Commission recommended approval for the preliminary development plan for Andre’s Crossing and at the March 13, 2006 meeting, the Township Board approved the preliminary development plan with seven conditions (which have all been addressed).  The final development plan complies with all the requirements detailed in Chapter 22.  The walking path as been removed in accordance with one of the conditions of approval.  The only item that remains is the PUD agreement required in Sec. 22.11 which states that prior to the issuance of any building permits or commencement of construction on any portion of the PUD, the applicant shall enter into an agreement with the Township in recordable form.

 

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

 

Moved by DeGood, seconded by Pearson, to approve the final development plan for Andre’s Crossing as shown on the plan dated 1/31/06 with all attached submittal materials including the elevation, landscaping plan and lighting plan, based on compliance with Chapter 22, and with the condition that a recorded agreement be submitted to the Township in accordance with Sec. 22.11 prior to the issuance of a building permit or prior to the commencement of any construction on any portion of the PUD.

 

MOTION CARRIED.

 

2.         (PUD0604) Preliminary Development Plan-Baldwin Georgetown LLC, 7665

36th Ave., is requesting a Planned Unit Development for mixed uses including residential for attached single family homes and commercial uses including offices, retail, restaurant and vehicle service station and related uses, under Chapter 22, on parcels of land described as P.P. # 70-14-17-100-008, -009, -010, located at 7665 36th Ave., 3683 and 3627 Baldwin, at the northwest corner of Baldwin and 36th Ave. (site plan 1, site plan 2, color plan, elevations, narrative)

 

Pete Lazdins, Design Plus, represented the applicant and presented the request.

 

The zoning administrator presented a review as follows.  The request is for a mixed use PUD with eight duplex buildings with an overall total of 16 units, two commercial buildings for the use of retail, restaurant, personal service establishments, and other similar related commercial uses, a bank, convenience store and vehicle service station, and an office building.  The following items remained to be addressed. 

·         Setbacks are shown as 90 feet from the centerlines of Baldwin and 36th Ave., which meets the regulations of Chapter 24.  The setbacks to the northern property line are a minimum of 20.5 feet for the residential uses, 40 feet for the commercial building and 25 feet for the parking lot.  The setbacks for the western property line are 50 feet for the commercial building, 20 feet for the driveway and 33 feet to the parking lot.  A 25 foot greenbelt is required for all commercial that abuts residential.  Commercial buildings and parking must be at least 50 feet from residential districts.  Since these distances do not meet the regulations of Chapter 24, the request for these setbacks is listed on the Waiver Request Table.  The Planning Commission should determine if these setbacks are acceptable.

·         Sidewalks are shown correctly as 5 feet for Baldwin and eight feet for 36th Ave. (as required by a newly adopted general ordinance).  However, one arrow indicating the 5 foot concrete walk for 36th Ave. on the Site Utility and Dimension plan should be removed. 

·         Sign setbacks are shown correctly for the location of ground mounted sign.  More sign detail should be shown including square footage and height.  Lighting is noted to be downward directing.

·         Ottawa County Road Commission approval should be provided with the final development plan.

·         Landscaping details should be provided including calculations (1000 ft. Baldwin = 40 trees, 742 on 36th = 30 trees; give sizes and types according to Sec. 3.11)

·         Ottawa County Drain Commission approval should be provided with the final development plan.

·         Acreage Requirement: The PUD site shall be not less than ten (10) acres of fully contiguous property not separated by a public road, railroad, or other such associated feature or barrier.  If the PUD is to contain a mixture of residential and non-residential uses, the minimum required area shall be twenty (20) acres.  The Planning Commission and Township Board may consider a PUD on lesser acreage if it is clear that the proposed PUD substantially provides for the intent of a PUD as stated in this Chapter.  In addition, the Planning Commission and Township Board may use the same intent section of the Zoning Ordinance when considering a PUD with property that may be separated by a public road, railroad, or other such associated feature or barrier.  It would be up to the applicant to prove why, for example, a physical barrier (road or railroad) separating the acreage would not restrict the applicant’s ability to develop a cohesive PUD.  The proposal does not meet.  15.1 acres.  The Planning Commission will have to determine if the plan meets the intention of the ordinance and is acceptable.

·         Permitted uses should not include a drive-in restaurant nor should truck rental be permitted for the vehicle service station.

·         Approximate phasing time frames should be provided.

·         Proposed deed restrictions, covenants, or similar legal instruments to be used within the PUD should be provided.

·         The specific special use standards for

 

The Planning Commission determined that the waiver requests were acceptable and that the qualifying conditions are met including the acreage amount, open space requirement, consistency with the Master Plan and setbacks for parking and for the residential units.  It was noted that approval should be conditioned upon the uses not to include a drive-in restaurant or truck rental.

 

The applicant indicated that the expected market for the residential units was a mix of empty-nesters and young families.  He said that oftentimes the elderly will help at the school.

 

Honderd suggested that some of the residential buildings have three units because there would be flexibility for more open space.

 

Huizinga asked if the units would be rentals.

 

The applicant stated that they would not necessarily.

 

Pearson asked what a duplex condo was and the applicant said that it was a method of sale and a type of building.

 

Pearson asked about the pond counting as green space and said that this is a relatively small development isolated from surrounding residential developments.

 

The applicant said that with a duplex unit, each unit had windows being an end unit and they sometimes had trouble marketing the middle unit without windows.  He said that they preferred to have duplexes rather than three unit buildings.

 

Stasiak said that he preferred the duplex units to a three unit dwelling.

 

Pearson complimented the design layout of the proposal and said that he was concerned that the residential area was isolated and not part of a larger residential area. He asked about access for students.

 

The applicant said that most middle and elementary schools were in lockdown and only the high school students were allowed to leave campus.  He said that they planned to tie in with the school walkways to provide safe passage for students.

 

South said that this residential development was close to a school and the residents could use the school property for activities plus use the sidewalks.

 

The chairman opened the floor to public comments.  No one was present to make comments on this item.  The chairman closed the floor to public comments.  He asked if the service station would include vehicle repair and was told no.

 

DeGood said that he liked the layout and liked the pond. 

 

Stasiak said that the design and layout had nice appeal and met the criteria listed in the ordinance.

 

Honderd said that lot A should have access to the residential development and the walkways should tie into the school walkways so that the pedestrian and vehicular traffic would not conflict.

 

The applicant stated that they wanted to be good neighbors and planned to meet with the school.

 

The consensus of the Planning Commission was that the requested elements be waived and that the application meets the qualifying conditions listed in the ordinance.  Direction was given to publish the notice so that the public hearing could be held at the August work session.

 

C.        Special Use Permits-none

 

D.        Rezonings-none

 

E.         Plats-none

 

F.         Ordinance Amendments (no public hearings-review only)

1.         Sec. 25.6(B)(3)d.

2.         Sec. 25.6(B)(3)e.

3.         Sec. 3.7

4.         Sec. 2.63(A)

5.         Sec. 2.91

6.         Illustrations

 

The zoning administrator presented a review as follows and noted that the public hearing would be held on July 19, 2006..

 

REQUEST-Sec. 25.6(B)(3)d & e.

 

The Planning Commission initiated the Zoning Ordinance amendments for the sign sections at the May 3 and June 7, 2006 meetings (excerpts of the minutes follow the review).  The issues for both sign amendments arose at the ZBA meetings due to variance requests relating to signs.  The Planning Commission has mentioned in the past that sizes and numbers of signs should be limited to discourage obtrusiveness.  Each of the amendments would reduce the amount of square footage for signs while giving the business choices.  The proposal for Sec. 25.6(B)(3)d. would reduce the overall square footage of a wall sign by 25% and would allow a business to separate the reduced amount of square footage into two separate signs.  The proposal for Sec. 25.6(B)e. would allow an additional wall sign if the permitted freestanding sign was eliminated.  The additional wall sign could be a maximum of 75% in area of the amount of square footage that would be permitted for the freestanding sign. 

 

Sec. 25.6(B)

            (3)        WALL SIGN, one (1) wall sign per business subject to the following restric­tions:

                        a.         The sign shall be placed flat against the building and shall front on the principal street.

                        b.         Such sign shall not exceed one and one-half (1-1/2) square feet for each one (1) lineal foot of wall frontage on which the sign is to be placed or two hundred (200) square feet whichever is less.

                        c.         Businesses which have wall frontage on more than one (1) street shall be permitted to have one (1) wall sign per street frontage, subject to the size limita­tion contained in paragraph b, above.

d.         The one (1) wall sign permitted above may be divided into two (2) wall signs with

each one placed on a separate wall of the building, provided that the sum of the

square footage of the two signs equals 75% or less of the overall square footage

permitted above.   

e.         One wall sign may be permitted in addition to those permitted above if the

freestanding sign permitted in Sec. 25.6(B) is eliminated and the square footage

of the additional wall sign equals 75% or less of the square footage permitted

for the freestanding sign, provided further that a guarantee is provided to the

Township that the freestanding sign permitted in Sec. 25.6(B) would not be

constructed unless the additional wall sign is removed.

 

REQUEST-Sec. 3.7, 2.63, 2.91 and the Illustrations

 

The Planning Commission initiated the Zoning Ordinance amendments to clarify the basis for determining the front yard setback requirements at the April 12, 2006 meetings (excerpts of the minutes follow the review).  A situation arose when a homeowner on Begole (off 22nd Ave. by the Grand River) applied for a building permit to construct an addition to an existing house that would extend the front line of the house.  There were questions about how to determine the front yard setback due to the fact that the road right-of-way and easements for this road were in question.  The issue was forwarded to the planner for review and he provided suggestions for addressing the situation.

Sec. 3.7         BASIS OF DETERMINING FRONT YARD REQUIREMENTS. 

The required front yard shall be measured from the right-of-way line or any road street easement line as established by the Road Commission for a street road to an imaginary line across the width of the lot which represents the minimum required front setback distance for that district provided that where an average setback line less than required has been established by existing buildings on the same side of the street and within two hundred (200) feet of the proposed building, such established setback shall apply.  However, no reduction in the minimum required front yard setback shall be permitted along those streets identified in Chapter XXIV, footnote (b).  Unenclosed porches, steps, or similar facilities may project into a required front or rear yard for a distance not to exceed twelve (12) feet. (revised August 1996)  In the case of a handicap wheelchair ramp (not to exceed a width of five (5) feet), the Zoning Administrator may waive any setback requirements at his/her discretion, if no other options are available to provide a ramp, provided that the applicant agrees to remove the ramp if it is no longer necessary on the property.  A performance letter or performance guarantee may be required.  (revised 6-27-2005)

Sec. 2.63       LOT LINES. 

The property lines bounding the lot.

(A)       Front Lot Line.  In the case of an interior lot, abutting upon one public or private street or easement, the front lot line shall mean the line separating such lot from such street right-of-way or easement.  In the case of a corner or through lot, the front lot line shall be that line separating said lot from that street which is designated as the front street by the Zoning Administrator (See Double Frontage Lot.)  For purposes of determining required yards only, any side lot line may be designated by the Zoning Administrator as a front lot line. (Revised April 1997)

Sec. 2.91       STREET. 

A public or private thoroughfare which affords traffic circulation and principal means of access to abutting property, including avenue, place, way, drive, lane, boulevard, highway, road, and other thoroughfare; except an alley.

 

IN THE ILLUSTRATIONS:

Take out public and add easement.  Public right-of-way or easement

worded: right-of-way or easement

 

V.                Other Business

 

The determination was made that the zoning administrator would review the new Michigan Zoning Enabling Act and compile the changes that would be necessary for the Zoning Ordinance, plus redo the Policies and Procedure to present to the Planning Commission.

 

VI.       Commissioner Comments

VII.     Staff Comments

VIII.       Adjourn

 

The meeting was adjourned at 9:00 p.m.