Georgetown Township Board minutes of September 14, 2009

MINUTES OF THE REGULAR MEETING OF THE GEORGETOWN CHARTER TOWNSHIP BOARD HELD SEPTEMBER 14, 2009, 7:30 p.m.

The meeting was called to order at 7:30 p.m. by Chairperson D. Dale Mohr.

Prayer for guidance by John Schwalm

Pledge of Allegiance to the Flag

Roll Call

Members present: D. Dale Mohr, Del South, Carol Scholma, Chad Tuttle, Jim Wierenga, Richard

VanderKlok, John Schwalm

Also present: Daniel Carlton (Township Manager)

Absent: none

D. Dale Mohr stated that since the room was filled to capacity and many more people were in the hallway wanting to get into the meeting room, the Firearm Ordinance would be moved up on the agenda so that those in attendance for that reason could leave the building if they did not want to stay for the rest of the meeting.

#090914-01 - Approval of agenda as presented for September 14, 2009

Moved by Richard VanderKlok, seconded by Carol Scholma, to approve the agenda as presented which included moving the Firearm Ordinance up on the agenda.

MOTION CARRIED.

#090914-02 - Second Reading and Adoption of Ordinance No. 2009-05, the Firearm Ordinance

Moved by Richard VanderKlok, seconded by Chad Tuttle, to approve the second reading and adoption of Ordinance 2009-05, the Firearm Ordinance, as follows.

Moved by Del South, seconded by Chad Tuttle, to table the ordinance.

MOTION CARRIED.

ORDINANCE NO. 2009-05

CHARTER TOWNSHIP OF GEORGETOWN

OTTAWA COUNTY, MICHIGAN

An ordinance to secure the public peace, health, safety, welfare and general convenience of the residents and property owners of the Township of Georgetown, Ottawa County, Michigan, by the regulation of the use of firearms, the prohibition of specified firearms, the restrictions as to the firing of firearms, the approval of shooting ranges, the prohibition of the shooting of firearms within specified areas; to provide penalties for the violation thereof, and to repeal all ordinances or parts of ordinances in conflict therewith.

THE TOWNSHIP OF GEORGETOWN, OTTAWA COUNTY, MICHIGAN, ORDAINS:

Section 1: Purpose

The purpose of this ordinance is to secure and maintain the public peace, health, safety, welfare and convenience of the residents and property owners of the Township of Georgetown, Ottawa County, Michigan, by the regulation of the use of firearms within said Township and the approval of firearm ranges.

Section 2: Title

This ordinance shall be known and cited as the Georgetown Township Firearms Discharge Ordinance.

Section 3: Definitions

A. Firearm. The word “firearm,” as used in this ordinance, shall mean any weapon or device from which is propelled any missile, projectile, bullet, shot, pellet, or other mass by means of explosives. ~~, compressed air or gas, or by means of springs, levers or other mechanical devices.~~

B. Approved Ranges. An “approved range,” as used in this ordinance, shall mean a range for the shooting of firearms, constructed in such manner as to prevent the projectile from any weapon so fired on said range from exceeding the physical limits of said range.

C. Building. The words “building,” “structure” or “edifice,” as used in this ordinance, shall be construed to mean a space within its walls and usually, but not necessarily, covered with a roof.

Section 4: Regulation of Use of Firearms

No person shall, from after the effective date of this ordinance, discharge any firearm within the Township of Georgetown, except in compliance with this ordinance and except:

A. Authorized officers of the law are permitted to discharge their weapons in the performance of their duties.

B. A person shall be permitted to discharge any weapon for the protection of his/her life and his/her property.

C. A person may discharge a weapon for target practice purposes, in a safe manner, upon a range which has been approved by the Township Board of Georgetown Township, for the specified type of weapon so discharged.

Section 5: Discharge Restrictions; Structures

It shall be unlawful, after the effective date of this ordinance:

A. To discharge any firearm within Georgetown Township except upon property located in the Agriculture and Rural Residential districts.

B. To discharge any firearm not prohibited elsewhere in this ordinance, within an area of 450 feet ~~100 yards~~ of any building, structure or edifice, whether occupied or unoccupied, within any zoning district.

C. To discharge any firearm upon any platted land, or within 450 feet ~~100 yards~~ of any public or private school real property within any district.

Section 6: Discharge Restrictions; Roadways

From and after the effective date of this ordinance, it shall be unlawful to discharge any firearms, upon or across any public road or highway, within said Township.

Section 7: Approved Range

The Township shall approve firearms practice ranges provided that said range so approved shall be so constructed as to prevent the discharge from the specified type of firearms exceeding the limits of said approved range and provided further that said range complies with all requirements of Georgetown Township Ordinances, including the Zoning Ordinance. Approval of any practice range shall specify in said approval the type of firearm that may be used on said practice range. Use of any firearms not approved for said practice range shall be grounds for withdrawal of approval of said range.

Section 8: Age Restriction

It shall be unlawful for any person under the age of 17 years to discharge a firearm unless under the direct supervision and control of and accompanied by a parent, legal guardian or adult person authorized by said parent or legal guardian, to have direct supervision of the person under the age of 17 years, and further, it shall be the responsibility of every parent, guardian or other person having the physical custody or charge of any minor under the age of 17 years, to control said minor and prevent him from violating or attempting to violate any provisions of this ordinance.

Section 9: Penalties

Any person who violates any of the provisions of this ordinance shall be deemed guilty of a civil infraction.

Section 10: Validity

Should any action, clause or provision of this ordinance be declared to be invalid, the same shall not affect the validity of this ordinance as a whole, or any part thereof, other than the part so declared invalid.

Section 11: Effective Date

This Ordinance shall become effective on the thirtieth day after publication after adoption. This Ordinance was read for the first time on August 24, 2009, published on , read for the second time and adopted by the Georgetown Charter Township Board on _______, 200___, published for the second time on ______, 200___, and effective thirty days from second publication which is __, 200___. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed.

#090914-03 - Public Comments

The following people made public comments: Marshall Grate, 200 Ottawa Ave. NW, and submitted a letter; Nicole Geerts, 1679 Honeybrook, and submitted a letter; Keith Huizinga, 8181 Hunting Ct.; Kristen Huizinga, 8181 Hunting Ct.; Brett Strick, 1973 Pinegrove Dr., and submitted a letter; Larry Frantz, 2853 Parkside Dr., and submitted a letter; Janet Barnes, 7868 Parkside Ct., and submitted a letter; Barb Vandermarkt, 2956 Parkside Dr.; Tom O’Rourke, 8934 Cedar Lake Dr.; Michael Pearson, 4463 Sunningdale and submitted a letter.

Moved by Chad Tuttle, seconded by Jim Wierenga, to extend the public comment period for 15 minutes.

MOTION CARRIED.

The following people made public comments: Jack Baar, Nederveld Associates; Donna Heuker, 4551 Bauer Rd. and submitted a letter; Judy DeJonge, 7949 Birchwood Ave.; Kathy Merritt, 1244 Parsons St.; Tom Smart, 7707 Teakwood Dr.; Chris Meyer, 111 Lyon St. NW; Donna Johnson, 6895 Gettysburg Dr.

#090914-04 - Communications, letters and reports: Received for information, to be filed:

a. General Ledger Report for August 2009

b. Planning Commission minutes of September 2, 2009

c. Zoning Board of Appeals minutes for August 26, 2009

d. Lower Grand River Watershed 2009 Report

e. GVMC Technical Committee agenda for September 2, 2009

f. GVMC Packet for September 3, 2009

g. Letter from Bruce Withrow regarding the Family Fare PUD

h. Email from Ken Petkus

i. Letter from Jone Bobeldyk

j. Grand Valley Metro Council agenda for September 9, 2009

k. Grand Valley Metro Council agenda for September 16, 2009

l. Letter from Ottawa County regarding Brownfield Redevelopment Authority

m. Fire Department Report for August 2009

#090914-05 - Consent agenda

Moved by Richard VanderKlok, seconded by Carol Scholma, to grant the following:

a. Approval of minutes of the regular board meeting held on August 24, 2009

b. Approval of the regular monthly bills and utility bills

c. Approval of Special Use Permit (SUP0910) Craig Architects (Miedema Produce), 25 South Division, to have outdoor storage in connection with a permitted use, under Sec. 17.3(K), on parcels of land described as P.P. # 70-14-31-400-020 and 70-14-31-400-044, located at 4101 and 4104 Chicago Dr., in an (I) Industrial district, Georgetown Township, Ottawa County, Michigan, based on the findings that all applicable standards of the ordinance have been met including the general special use standards in Sec. 20.3 (site plan) (Note: the Planning Commission recommended approval)

d. Approval of the bid from Vredeveld Haefner LLC as presented in the proposal dated August 31, 2009 for auditing services. (Note: The Finance Committee recommended approval)

e. Approval of the bid from Schippers Excavating Inc. in the amount of $980,000 for the wastewater collection system improvements for the Chicago Dr. pump station. (Note: The Finance Committee recommended approval)

MOTION CARRIED.

#090914-06 - (PUD0901) A. J. Veneklasen Inc. (Space Source), is requesting a Planned Unit Development for an Office Services, Community Service and Neighborhood Services commercial uses, under Chapter 22, on a parcels of land described as P.P. # 70-14-16-100-066, -067, -069, -071, -072 and -073, located at 2845 Baldwin, 7800, 7691, 7683 and 7675 28^th Ave., Georgetown Township, Ottawa County, Michigan (site location and surrounding features map, existing conditions survey, preliminary site plan, cover letter, site grading and utilities plan, application, authorizations and purchase agreements, conceptual outlot rendering, c-store rendering, dumpster details, entry sign details, narrative, open space map, parcel descriptions, retail building rendering, supermarket rendering, traffic impact study, trash compactor, planner’s report, CMU, EIFS) (Applicant’s response to the Planning Commission’s recommendation, revised site and surrounding area, additional screening)

Georgetown Charter Township Board
Ottawa county, Michigan
(Ordinance No. 090914-05)

At a regular meeting of the Georgetown Charter Township Board held at the Township offices on September 14, 2009, beginning at 7:30 p.m., Township Board Member John Schwalm made a motion to adopt this Ordinance, which motion was seconded by Township Board Member Jim Wierenga, as recommended by the Planning Commission:

AN ORDINANCE GRANTING A PLANNED UNIT DEVELOPMENT (PUD) REZONING REQUEST TO THE APPLICANT, A.J. VENEKLASEN, INC. (COMMONLY KNOWN AS THE SPARTAN STORES-FAMILY FARE PROJECT) AND PRELIMINARY SITE PLAN APPROVAL FOR SAID PUD

THE CHARTER TOWNSHIP OF GEORGETOWN (the “Township”) ORDAINS:

WHEREAS, A.J. Veneklasen, Inc. (the “Applicant”) has filed an application for a planned unit development (“PUD”) for certain property to be able to develop a grocery store, other commercial businesses, and related services and facilities. The Applicant has also proposed various outlots (including a gas station/convenience store) within the PUD; and

WHEREAS, the Applicant’s application involves lands commonly known as Permanent Parcel Nos. 70‑14‑16‑100‑066, 067, 069, 071, 072, and 073, and also known as 2845 Baldwin and 7675, 7683, 7691, and 7800 28th Avenue (collectively, the “Property”) in Georgetown Charter Township; and

WHEREAS, the Property is comprised of six separate parcels (which total 29.66 acres). The Property is currently located within the LDR-Low Density Residential zoning district pursuant to the Georgetown Charter Township Zoning Ordinance, as amended (the “Zoning Ordinance”); and

WHEREAS, Chapter 22 of the Zoning Ordinance governs PUD rezoning requests. Pursuant to that Chapter, the Planning Commission (after a public hearing) makes a recommendation to the Township Board with regard to the requested PUD rezoning and preliminary site plan, and the Township Board makes the final decision regarding those matters; and

WHEREAS, the Planning Commission held a public hearing on the Applicant’s PUD rezoning and preliminary site plan requests in this matter on June 3, 2009; and

WHEREAS, via a motion made and adopted at the July 15, 2009 meeting of the Planning Commission, the Planning Commission recommended to the Township Board that the requested PUD rezoning and preliminary site plan be denied; and

WHEREAS, because the Planning Commission recommended to the Township Board that the Township Board deny the PUD rezoning and preliminary site plan request, the Planning Commission did not offer any substantive recommendations to the Township Board with regard to such preliminary site plan; and

WHEREAS, at its meeting on July 27, 2009, the Township Board voted to tentatively approve the Applicant’s PUD rezoning request and preliminary site plan contingent upon the matter being submitted back to the Planning Commission for its review and recommendations regarding the preliminary site plan and the Township Board granting final approval for the PUD rezoning request and preliminary site plan when the matter returns to the Township Board; and

WHEREAS, at its meeting on September 2, 2009, the Planning Commission viewed the revised PUD preliminary site plan and the Planning Commission adopted a resolution recommending that if the Township Board votes to approve the PUD project, the preliminary site plan should be approved subject to certain conditions and requirements; and

WHEREAS, the Township Board has carefully reviewed the Planning Commission’s September 2, 2009 resolution, together with all of the other documents, minutes, and information pertaining to this matter; and

WHEREAS, the materials and documents that have been provided to the Township regarding the Applicant’s proposal include, but are not necessarily limited to, the following:

a. The preliminary and final PUD site plan dated August 28, 2009.

b. The site location and surrounding features map dated August 28, 2009.

c. The existing conditions survey plan August 28, 2009.

d. The grading and utility plan dated August 28, 2009.

e. The open spaces map dated August 27, 2009.

f. The parcel descriptions.

g. The narrative (dated revised on August 28, 2009), including the table with variations.

h. The application dated March 30, 2009.

i. The dumpster enclosure detail.

j. Authorization and purchase agreements.

k. Conceptual outlot rendering.

l. CStore building rendering.

m. Retail building rendering.

n. Supermarket rendering.

o. Entry sign detail.

NOW, THEREFORE, THE TOWNSHIP BOARD DETERMINES AS FOLLOWS:

1. The Applicant’s Proposal. If the PUD rezoning, the preliminary site plan, and the final development plan are approved by the Township, the Applicant will develop the Property for a grocery store, other commercial businesses and related services and facilities.

2. General Findings of Fact. Based on the Applicant’s application and supporting documents, public input at the public hearing and various public meetings, materials supplied by Township staff and the Township Planner, the Planning Commission’s recommendations, and various miscellaneous documents, the Township Board hereby makes the following findings (which apply to the PUD rezoning and the preliminary site plan approval):

(a) The PUD and preliminary site plan proposal are substantially consistent with the Georgetown Charter Township Master Plan (the “Master Plan”), as discussed in Section 3, below.

(b) All of the qualifying conditions of Section 22.2 of the Zoning Ordinance are met, as demonstrated by the following:

(i) The Property is 29.66 acres in size, which is more than ten acres;

(ii) The site is served by public water and sanitary sewer facilities;

(iii) The application was filed jointly by the landowners or agents;

(iv) The proposed uses are substantially consistent with the Township Master Plan, as discussed in Section 3, below;

(v) There are abundant pedestrian accesses;

(vi) Information has been provided that the architecture will be coordinated and innovative, as well as visually appealing;

(vii) The PUD provides for safe and efficient vehicular movements within, into and off of the PUD site (as demonstrated on the site plan) due to the acceleration lanes, deceleration lanes, and the addition of the center-for-left turn lane on 28th Avenue, and it also has well-designed interior driveways and accesses; and

(viii) The proposal exceeds the minimum 20% open space requirement.

(c) The Township Board finds that all of the information required in Section 22.5 of the Zoning Ordinance (and the requirements for the preliminary site plan) has been provided to the Township.

(d) The Township Board hereby finds that any ordinance deviations allowed pursuant to the PUD rezoning process in this case would result in a higher quality of development than would be possible using conventional zoning standards or techniques.

(e) The PUD and proposed preliminary site plan meet all of the standards for a PUD as specified in Section 22.10. More specifically:

(i) The qualifying conditions in Section 22.2 of the Zoning Ordinance are met as demonstrated in Section 2, above.

(ii) The proposed PUD is compatible with surrounding uses of land, the natural environment, and the capacities of public services and facilities affected by the development.

(iii) The proposed uses within the PUD will not possess conditions or effects that would be injurious to the public health, safety, or welfare of the community due to the following:

· The PUD provides for safe and efficient vehicular movements within, into and off of the PUD site (as demonstrated on the site plan) due to the acceleration lanes, deceleration lanes, and the addition of the center-for-left turn lane on 28th Avenue, and also well-designed interior driveways and accesses.

· Abundant landscaping is proposed to shield and buffer the uses on the site from the neighboring residential uses, along with substantial setbacks.

· The open spaces as proposed will also buffer the uses from the neighboring residential uses.

· The proposed uses will provide needed commercial services to the nearby residential areas.

(iv) The proposed project is consistent with the spirit and intent of the PUD District, as described in Section 22.1 of the Zoning Ordinance and represents an opportunity for improved or innovative development for the community that could not be achieved through conventional zoning;

(v) The proposed PUD meets all the site plan requirements of Chapter 22 of the Zoning Ordinance, including subsection 22.5A thereof.

(f) The Township Board also finds that the general site plan requirements of Section 19.4 of the Zoning Ordinance have been met. Furthermore, the Township Board hereby finds that the general review standards for site plans contained in Section 19.10 of the Zoning Ordinance are met, including landscape preservation, relation of buildings to the environment, drives, parking, and circulation, surface water drainage, utility service, and special features.

3. The Master Plan.

(a) Section 22.2D of the Zoning Ordinance provides that:

Any development that fails to meet the following qualifying conditions, at a minimum, shall not be considered for the PUD District:

* * *

Master Plan: The proposed uses of the PUD must be substantially consistent with Georgetown Township’s Master Plan for the subject property. [Emphasis added.]

(b) The Master Plan itself provides that it is simply a guide. For example, in the introduction to the Master Plan, the text notes that the Master Plan provides information regarding “trends in the community” (Page 1 of the Master Plan). Specific uses for (and the benefits of) the Master Plan include the notion that it “helps direct growth …, assists in planning …, provides the policy direction …, and provides a clearly-stated expression of public goals and policies …” (Master Plan, p.1).” Page 1 of the Master Plan also notes that one of the major elements of the Plan is formulating “the land use goals of the community.” The Future Land Use Map (within the Master Plan) “depicts the extent and direction of future growth of the community.” (Master Plan, p. 1)

(c) The Master Plan generally does not use mandatory language such as shall, will or must. Rather, it speaks in terms of general goals, guidelines, trends and the like. For example, in addition to the above-mentioned language, the Master Plan notes that the Future Land Use Map (within the Master Plan) “reflects the expected continued development of the Township as a high-quality residential community” (Master Plan, p.17).

(d) Implementation of the Master Plan. In the section of the Master Plan entitled “Implementation of the Plan” (p.22), it notes that the Master Plan should be used “as a guide to land use decisions …,” and states that the Planning Commission and the Township Board should “use the Plan as a guide in making zoning and capital expenditure decisions.”

Most importantly, the Master Plan itself notes that “this does not require blind adherence to the Plan in deciding each and every rezoning request which comes before the Township” and indicates that the Plan should be used “as a policy document” (Master Plan, p.22). The Plan itself recognizes that zoning decisions will be made which do not conform to the Plan and that this may be appropriate where “conditions [have] changed or new information become[s] available which now renders the original Plan designation no longer applicable[.]” (Master Plan, p.22). The Master Plan even states that “if a decision contrary to the Plan is made, it should for a specific, stated land use factor[s]” (Master Plan, p.22).

(e) It is true that the Future Land Use Map of the Master Plan designates the Property as LDR (low density residential) for future land use trends. Nevertheless, the Township Board believes that the PUD proposal and preliminary site plan are substantially consistent with the Master Plan overall and are not inconsistent with the Master Plan’s Future Land Use Map trends involving LDR.

Analyzing the land use issues, goals, and policies of the Master Plan starting at Page 12, the proposed PUD will satisfy the major issues. First, traffic circulation near and around the Property is more than adequate based on the fact that both Baldwin Street and 28th Avenue have been improved in the area, with Baldwin Street being five lanes, plus improvements to the intersection including the addition of a traffic signal to regulate the flow of vehicles. Further, the Applicant will install acceleration and deceleration lanes for the three accesses to the commercial sites. A center left turn lane is proposed for 28th Avenue and one already exists on Baldwin Street. Second, any conflict between the proposed uses of this PUD and adjoining residential or other uses will be minimized due to the buffering impacts of a 50‑foot setback together with a greenbelt of evergreen trees to the west on Baldwin Street as well as an open area of approximately 514 feet with evergreens for a buffer for the condominiums to the north. Finally, with regard to the number, size, and location of neighborhood commercial centers, clearly, a need for a grocery store and related services exists in and around the vicinity of the Property. While this PUD may contain elements in addition to those advocated in the Master Plan for a neighborhood center, it is substantially consistent with the Master Plan’s express desire to serve the community with “distinct neighborhood commercial nodes … that provide convenient access to commercial goods and services.” (Master Plan, p. 12). This PUD will help meet the needs of area and nearby residential neighborhoods.

The Township Board also finds that the proposed PUD and preliminary site plan will meet the land use goals and policies which are set forth beginning on Page 12 of the Master Plan. First, as noted above, this proposal helps achieve a mix of residential opportunities served by commercial nodes or areas, including convenient access to commercial goods and services and employment. Second, the Property is in an area that is more than adequately served by improved roads, with five lanes on Baldwin Street and two on 28th Avenue. The intersection also has an existing traffic signal. The Applicant will install acceleration and deceleration lanes for the three accesses to the commercial sites. A center left turn lane is proposed for 28th Avenue and already exists on Baldwin Street. Third, the setbacks and buffer areas mentioned above will help minimize conflicts between the proposed commercial and related uses and existing nearby residential dwellings. It will also help provide gradual transitions from intensive commercial and related uses to low density residential uses. Fourth, this PUD will make needed services conveniently accessible to nearby residential neighborhoods.

The Master Plan also discusses the rationale and highlights behind the Future Land Use Map. First and foremost, the Township Board finds that this proposed development is fully consistent with the expected continued development of the Township as a high-quality residential community. On Page 17 of the Master Plan, there is a discussion about the Baldwin Street corridor with regard to the Future Land Use Map. The Master Plan discusses maintaining residential living environments along Baldwin Street where nonresidential uses have not already been established. However, in this case, there has been a longstanding nonresidential use in the form of the Georgetown Little League ball fields and uses. The proposed PUD would serve as a substitute for that current nonresidential use. On Page 19 of the Master Plan, there is also discussion of the area north of Hudsonville, within which the Property is either included or is immediately adjacent thereto. The Master Plan notes that any specific proposals for rezoning to a commercial zone district in this area should be evaluated based on proper land use planning considerations including three factors, all of which the Township Board finds are present in the current case. First, the Township Board finds that the Property has physical and environmental characteristics which are suited for the proposed PUD rezoning. Such characteristics include: The site is located at the corner of two main road arteries (Baldwin Street and 28th Avenue), thus providing convenient accessibility; along with the proposed landscaping and setbacks for buffers, the proposed detention pond plus the existing detention pond provide additional buffering between the site and the residential uses to the north; the topography is fairly flat; development of the site will not cause the removal of significant existing natural vegetation; and the Property is appropriately located to provide needed commercial services to the large number of nearby and area residents. Second, the Township Board finds that the proposed PUD and preliminary site plan are compatible with the uses of adjoining properties, in that the PUD proposes to provide needed commercial services to nearby and area residential developments while providing substantial screening and buffering with abundant landscaping, open spaces, and large setbacks. Finally, public utility services (including water, sewer, adequate roads, and utilities) will more than adequately serve the Property as they already exist and as proposed to be developed by the PUD.

(f) Based on the above, the Township Board exercises its discretion not only under the Master Plan but also pursuant to Section 22.2(D) of the Zoning Ordinance and hereby finds that the proposed uses and layout of this PUD will be substantially consistent with the Master Plan as it relates to the Property. In addition, the Township Board also finds that conditions in the vicinity of the Property have changed since the Master Plan was formulated. Such changed conditions in and around the Property include the following residential developments that have occurred since the adoption of the Master Plan in 2004, accounting for an additional (proposed and existing) 1,976 dwelling units in the vicinity of the Property. Based on available U.S. Census estimates for 207, it is reasonable to assume that these additional developments likely reflect a minimum of two people per dwelling unit who would be in need of additional commercial services:

Plats:

Date of Approval	Number of Dwelling Units	Development
5/19/2004	67	Hunters Meadows
6/9/2004	53	Hickory Grove Farm No. 4
7/21/2004	19	Cedar Lake Estates No. 11
8/4/2004	96	Georgetown Shores No. 5
7/21/2004	52	Rolling Hills
8/18/2004	87	Boulder Ridge
10/6/2004	24	Hager Point
10/20/2004	55	Unity Timbers
12/22/2004	38	Lowing Woods No. 1
12/22/2004	16	Lowing Woods No. 2
3/23/2005	31	Hunters Meadows No. 2.
5/17/2005	47	Georgetown Shores No. 6
6/22/2005	34	Lowing Woods No. 3
6/22/2005	17	Lowing Woods No. 4
3/31/2006	29	Cory Estates No. 2
4/19/2006	27	Crosswinds
5/16/2006	53	Summerset West
8/17/2006	27	Crosswinds
8/17/2006	30	Cedar Lake Estates No. 11
5/9/2007	21	Meadowvale
3/27/2007	20	Lowing Woods No. 5
6/27/2007	33	Lowing Woods No. 5 Revised

PUDs

Date of Approval	Number of Dwelling Units	Development
June 2004	125	Unity Timbers (40th Avenue)
June 2004	333	Waterford Place (18th Avenue/Chicago Dr./Port Sheldon)
August 2004	825	Eastbrook Homes (Bauer Rd./28th Avenue within two miles of the PUD)
June 2006	16	Baldwin/36th Avenue PUD (condos)
June 2008	101	Allen Springs (condos)

(g) The Planning Commission is in the process of amending the Master Plan, including likely significant changes thereto. In February of 2009, the Planning Commission initiated the Master Plan review process and on February 16, 2009, letters were sent to neighboring municipalities informing them that the Township was in the process of reviewing the Master Plan. Subsequently, the Master Plan review has been conducted at numerous Planning Commission meetings. Furthermore, under the Michigan Planning Act, the Township Board has exercised its prerogative to give final approval to the Master Plan amendments (in 2003, the Township Board voted to be the final approving body for any Master Plan changes). Among other possible changes to the Master Plan, the Township Board is concerned that circumstances and conditions have changed enough since 2004 that the Master Plan should be carefully reexamined regarding the vicinity of the Property.

4. Decision of Approval by the Township Board; PUD Rezoning/Zoning Ordinance Amendment. The Township Board hereby approves the Applicant’s PUD rezoning request and preliminary site plan with the conditions and requirements specified in Section 5 of this Ordinance and as also mentioned elsewhere in this Ordinance.

The Property (as defined above and as legally described on Exhibit A as attached hereto) is hereby rezoned to the Planned Unit Development (PUD) zoning designation. Such PUD rezoning is subject to the requirements and conditions contained elsewhere in this Ordinance, and must also comply with the approved preliminary site plan and approved final site plan (as later approved by the Township).

5. Conditions. The PUD rezoning and preliminary site plan approvals are subject to the following conditions and requirements:

(a) A Zoning Compliance application shall be submitted to the Township prior to the time any construction or earth movement takes place and a building permit must be issued prior to the construction of any structures.

(b) The PUD agreement, proposed deed restrictions, covenants, or similar instruments (including language relating to the maintenance of the landscaped areas including the open space) as voluntarily offered by the Applicant shall be provided to the Township at the time a building permit application or Zoning Compliance Certificate application is submitted to the Township for review and approval. Such documents shall be approved by the Township and recorded with the Ottawa County Register of Deeds records before construction commences on any building or structure.

(c) A Storm Water Drain permit (written approval) from the Ottawa County Drain Commissioner’s Office shall be submitted to the Township at the time a building permit application or Zoning Compliance application is submitted to the Township.

(d) All representations made by the Applicant (whether orally or in writing) shall be complied with by the Applicant to the extent required by the Township.

(e) All construction, buildings, structures, uses and activities on the Property shall fully comply with the approved final development plan.

(f) No outlots shall ever have direct vehicular access to Baldwin or 28th Ave.

(g) A more appealing detailed distinctive landscape plan including the identification of tree species must be supplied with the final development plan.

(h) The following uses are excluded from the PUD: tattoo parlor; night club and adult entertainment; check cashing business; open air business; the outdoor display of items other than ice machine, food/soda vending machines, newspaper stands, propane exchange service or bagged salt (all other outdoor displays would only be allowed if approved with a Temporary Use Permit); and outside storage of vehicle for any vehicle repair use.

(i) A detailed lighting plan must be provided with the Final Development Plan.

(j) In regard to architecture, elevations have been provided for the grocery store, retail store and the gas station, along with a typical elevation for an outlot. Architectural and landscaping elements as standards for the outlots are required as follows:

· Earth tone colors;

· A minimum of 25% of the wall surfaces that faces Baldwin or 28th Ave. will be window or architectural glass.

· The remaining wall surface that faces Baldwin or 28th Ave. will be brick, stone or decorative CMU (concrete masonry units). Up to 25% of the brick, stone or decorative CMU surface can be substituted with architectural metal panels (similar to a Logan’s Restaurant) or EIFS (panels with elements that have a look such as stucco).

· All roofs will either be shingled pitched roofs or flat roofs.

· All roof top equipment shall be screened so that it is not visible from Baldwin or 28th Ave.

· No building shall exceed two stories or 30 feet.

· Landscaped islands will be provided in all parking areas at a rate of 190 square feet for every ten parking spaces.

· Signs are allowed as follows: A maximum of a total of three freestanding ground-mounted signs are permitted each with a maximum height each of 12 feet and a maximum area of 228 square feet (the smaller monument sign proposed out of the two previously proposed). Wall signs are allowed as per the ordinance; however, wall signs are allowed on the buildings on the outlots facing the public street as per the ordinance and additional wall signs (one additional per business unless divided into two and are 75% of the allowable square footage) are allowed on the side of the building facing the interior driveways. No wall signs are allowed on the north side of the grocery store or the adjacent retail stores. Additional signage is proposed for the supermarket including the wall sign with 242 square feet, Rx Drive-Thru sign, ATM sign and a Spartan legacy Sign on the front of the building.

(k) For the outlots, there shall be no flat roofs and all roofs shall be pitched.

(l) The roof-tops shall have the equipment screened from all areas visible by all the residences, as well as Baldwin and 28th Ave.

(m) The operation must abide by the noise ordinance at all times and meet the quiet times.

(n) The option shall exist for greenspace property to be deeded to the Township if the Township would like to have the property, as voluntarily offered by the applicant.

(o) The northeast driveway shall be modified.

(p) Outlot 1 shall be eliminated.

(q) More unique and distinctive elements shall be made a part of the open space for the PUD.

(r) If the grade allows it, the truck dock should be configured so that the trucks remain level.

6. The Zoning Map (which is a part of the Georgetown Charter Township Zoning Ordinance, as amended) is hereby deemed amended consistent with the PUD rezoning for the Property approved herein. Except as specifically amended by this Ordinance, the balance of the Zoning Ordinance shall remain unchanged and in full force and effect.

7. Severability. In the event that any one or more sections, provisions, phrases, or words of this Ordinance shall be found to be invalid by a court of competent jurisdiction, such holding shall not affect the validity or the enforceability of the remaining sections, provisions, phrases, or other words of this Ordinance.

8. Effective Date. The provisions of this Ordinance shall take effect seven (7) days from the date of publication of the Ordinance or a summary of its provisions in accordance with the law.

The vote in favor of adopting this Ordinance was as follows:

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EXHIBIT A

Family Fare Neighborhood Center Preliminary PUD Description

70-14-16-100-066

Part of the Southeast ¼ of the Northwest ¼ commencing 425 feet West of the center ¼ corner; thence East to a point 2434.95 feet East of the West ¼ corner; thence North 01°31’42” West 275 feet; West to a point North 01°31’42” West from beginning; thence South 01°31’42” East 275 feet to beginning. Section 16, Town 6 North, Range 13 West, Georgetown Township, Ottawa County, Michigan. Contains 0.83 acres.

70-14-16-100-067

Part of the Southeast ¼ of the Northwest ¼ commencing 2429.45 feet East of the West ¼ corner; thence North 01°31’42” East 275 feet; East 118 feet; South 01°31’42” West 275 feet; thence West 118 feet to beginning. Section 16, Town 6 North, Range 13 West, Georgetown Township, Ottawa County, Michigan. Contains 0.74 acres.

70-14-16-100-069

Part of the Southeast ¼ of the Northwest ¼ commencing 1707.45 feet East of the West ¼ corner; thence North 01°31’42” West 275 feet; North 89°56’54” West 50 feet; thence North 01°31’42” West 1049.36 feet to the North line of the Southeast ¼ of the Northwest ¼; thence East 1090 feet along said line; thence South 709 feet along the North/South ¼ line; West 250 feet; South 341.48 feet; thence West 175 feet; South 275 feet; thence West 615 feet along the East/West ¼ line to beginning. Section 16, Town 6 North, Range 13 West, Georgetown Township, Ottawa County, Michigan. Contains 27.92 acres.

70-14-16-100-071

Part of the Southeast ¼ of the Northwest ¼ commencing South 01°31’42” East 2034.66 feet from the North ¼ corner; thence South 01°31’42” East 95 feet; South 89°57’49” West 250 feet; North 01°31’42” West 95 feet; thence North 89°57’49” East 250 feet to beginning. Section 16, Town 6 North, Range 13 West, Georgetown Township, Ottawa County, Michigan. Contains 0.55 acres.

70-14-16-100-072

Part of the Southeast ¼ of the Northwest ¼ commencing South 01°31’42” East 2129.66 feet from the North ¼ corner; thence South 01°31’42” East 95 feet; South 89°57’49” West 250 feet; North 01°31’42” West 95 feet; thence North 89°57’49” East 250 feet to beginning. Section 16, Town 6 North, Range 13 West, Georgetown Township, Ottawa County, Michigan. Contains 0.55 acres.

70-14-16-100-073

Part of the Southeast ¼ of the Northwest ¼ commencing North 89°57’49” East 2547.45 feet from the West ¼ corner; thence North 89°57’49” East to the center ¼ corner; thence North 01°31’42” West along the North/South ¼ line to a point South 01°31’42” East 899 feet from the Northeast corner of the Southeast ¼ of the Northwest ¼; thence South 89°57’49” West 250 feet; South 01°31’42” East 151.48 feet; thence North 89°57’49” East to a point North 01°31’42” West of beginning; thence South 01°31’42” East 275 feet to beginning. Section 16, Town 6 North, Range 13 West, Georgetown Township, Ottawa County, Michigan. Contains 2.10 acres.

Total Preliminary PUD Area = 32.69 acres (including Right-of-Way)

= 29.66 acres (excluding Right-of-Way)

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There was discussion regarding the process to act upon the request, including scheduling a special meeting with the Township attorney.

Moved by Carol Scholma, seconded by Jim Wierenga, to postpone action on the request until the September 28, 2009 meeting and to schedule a meeting with the Township attorney.

Yeas: D. Dale Mohr, Carol Scholma, Del South, Jim Wierenga, Richard VanderKlok, John Schwalm

Nays: Chad Tuttle

MOTION CARRIED.

There was a short recess.

#090914-07 - (PUD0902) A. J. Veneklasen, Inc. (Georgetown Little League), is requesting Preliminary and Final Development approval for a Planned Unit Development for private noncommercial recreation with baseball and softball fields, parking and concession stand under Chapter 22, on parcels of land described as P.P. # 70-14-07-100-003 and -014, located at 4577 and 4471 Bauer Rd., Georgetown Township (preliminary and final development plan, cover letter, site location map, existing conditions, site plan, south grading and utility plan, north grading and utility plan, detail view of ball field dimensions, details, application for preliminary approval, application for final development approval, concessions elevation, concessions brick veneer, concessions floor plan, entry sign detail, DEQ Permit, narrative, OCDC engineer review, OCDC first review, OCDC second review, open spaces map, parcel description, field lighting details, parking lot lighting details, purchase agreement, scoreboard details, dumpster enclosure detail) (Applicant’s response to the Planning Commission’s recommendation)

Georgetown Charter Township Board
Ottawa County, Michigan
(Ordinance No. 090914-06)

At a regular meeting of the Georgetown Charter Township Board held at the Township offices on September 14, 2009, beginning at 7:30 p.m., Township Board Member Jim Wierenga made a motion to adopt this Ordinance, which motion was seconded by Township Board Member Richard VanderKlok, as recommended by the Planning Commission:

AN ORDINANCE GRANTING A PLANNED UNIT DEVELOPMENT (PUD) REZONING REQUEST TO THE APPLICANT, A.J. VENEKLASEN, INC. (COMMONLY CALLED THE GEORGETOWN LITTLE LEAGUE PROPOSAL) AND PRELIMINARY SITE PLAN APPROVAL FOR SAID PUD

THE CHARTER TOWNSHIP OF GEORGETOWN (the “Township”) ORDAINS:

WHEREAS, A.J. Veneklasen, Inc. (the “Applicant”) owns certain real property within Georgetown Charter Township (the “Township”) commonly known as Permanent Parcel Nos. 70‑14‑07‑100‑003 and 014 and also as 4471 and 4577 Bauer Road (collectively, the “Property”); and

WHEREAS, the Property is currently located within the AG-Agricultural zoning district pursuant to the Georgetown Charter Township Zoning Ordinance, as amended (the “Zoning Ordinance”); and

WHEREAS, the Applicant has requested that the Property be rezoned to the Planned Unit Development (“PUD”) zoning district for private, noncommercial recreation purposes and uses, including baseball and softball fields, parking, a concession stand, and related uses and activities; and

WHEREAS, the Applicant has submitted an application and preliminary site plan to the Township with regard to its PUD rezoning request. More specifically, to date, the documents submitted by the Applicant have included (but are not necessarily limited to) the following:

a. The preliminary and final PUD site plan dated 08/28/09;

b. The site location and surrounding features map dated 08/28/09;

c. The existing conditions survey plan 08/28/09;

d. The south grading and utility plan dated 08/28/09;

e. The north grading and utility plan dated 08/28/09;

f. The open spaces map dated August 27, 2009;

g. The detail view of ball field dimensions map dated 08/28/09 and details plan dated 08/28/09;

h. The parcel description;

i. The narrative dated revised August 28, 2009 including the table with variations;

j. The application dated 4/13/09;

k. The concessions elevation dated 08/24/09 and picture of brick samples dated 8/25/09;

l. The concessions floor plan dated 05/01/09;

m. The field lighting details and parking lot lighting details dated 08/08/09;

n. The scoreboard details dated 08/05/2009;

o. The dumpster enclosure detail;

p. The sign detail dated 08/21/09;

q. The DEQ Permit dated issued June 24, 2009;

r. The Ottawa County engineer review dated May 8, 2009, Ottawa County Drain Commission’s review dated June 15, 2009; and

s. The purchase agreement dated February 4, 2009.

WHEREAS, the Georgetown Township Planning Commission (the “Planning Commission) held a public hearing regarding the PUD rezoning request and preliminary site plan on June 3, 2009; and

WHEREAS, Chapter 22 of the Zoning Ordinance governs PUD requests. Pursuant to that chapter, the Planning Commission makes recommendations to the Georgetown Charter Township Board (the “Township Board”) with regard to a PUD rezoning request and preliminary site plan. If the PUD rezoning and preliminary site plan are approved by the Township Board, the Planning Commission is responsible for reviewing and approving the final development plan;

WHEREAS, via a resolution adopted on September 2, 2009, the Planning Commission recommended that the Township Board approve the requested PUD and preliminary site plan.

NOW, THEREFORE, THE TOWNSHIP BOARD DETERMINES AS FOLLOWS:

9. The Property. The Property is approximately 40.92 acres in size and is located within the AG-Agricultural zoning district under the Zoning Ordinance. The Property has frontage on Bauer Road. The existing adjacent uses include agricultural, residential, and utility easements.

10. The Applicant’s Proposal. If the PUD rezoning, the preliminary site plan, and final development plan are approved by the Township, the Applicant will develop the Property for noncommercial recreational uses, structures, and activities, including baseball and softball fields, parking, a concession stand, and related uses. It is anticipated that the Property will be owned and operated by the Georgetown Little League.

11. General Findings of Fact. Based on the Applicant’s application and supporting documents, public input at the public hearing, materials supplied by Township staff and the Township Planner, the Planning Commission’s recommendations, and various miscellaneous documents, the Township Board hereby makes the following findings:

(a) The PUD and site plan proposal are substantially consistent with the Georgetown Charter Township Master Plan. Furthermore, the 190-foot lot width for the Property is acceptable because the future land use map of the Master Plan designates the Property as LDR (where a minimum lot width of 85 feet is required for parcels with water and sewer, and the Property will be served by water and sewer).

(b) All of the qualifying conditions of Section 22.2 of the Zoning Ordinance are met.

(c) The Township Board finds that all of the information required in Section 22.5 of the Zoning Ordinance (and the requirements for the preliminary plan) have been provided to the Township.

(e) The PUD and proposed preliminary site plan meet all of the standards for a PUD as specified in Section 22.10. More specifically:

(i) The qualifying conditions in Sec. 22.2 are met.

(ii) The proposed PUD is compatible with surrounding uses of land, the natural environment, and the capacities of public services and facilities affected by the development due to the following:

· the open space use is compatible with the rural surrounding uses of land.

· the site is close to the existing ice arena, which is a similar recreation use.

· the PUD is compatible with the natural environment since the area is rural with an open space nature.

· the site is capable of handling the use with public utilities.

· the landscaping as proposed will provide screening from the single property to the south.

(iii) The proposed uses within the PUD will not possess conditions or effects that would be injurious to the public health, safety, or welfare of the community due to the following:

· the proposed acceleration lane and deceleration lane provided, as well as the by-pass lane for left turns for vehicles heading east on Bauer Road, will allow vehicles to access the site with fewer negative impacts.

· the existing adjacent ice arena already generates a significant amount of traffic at certain times and the roads in the area can safely accommodate the added traffic.

· the season for the more intense usage of the ice arena is opposite that of the use of the baseball and softball fields.

· with the access provided to the ice arena property, additional means for ingress and egress will be available, as well as additional paved parking.

· the impact on the property to the south will likely be less than the potential impact from a housing subdivision that could be constructed on the site under the Master Plan and landscaping is proposed to screen the use from the property to the south.

(iv) The proposed project is consistent with the spirit and intent of the PUD District, as described in Section 22.1 and represents an opportunity for improved or innovative development for the community that could not be achieved through conventional zoning;

(v) The proposed PUD meets all of the site plan requirements of Chapter 22 including Section 22.5A.

12. Decision of Approval by the Township Board; PUD Rezoning/Zoning Ordinance Amendment. The Township Board hereby approves the Applicant’s PUD rezoning request and preliminary site plan with the conditions specified in Section 5 of this Ordinance and as also mentioned elsewhere in this Ordinance.

13. Conditions. The PUD rezoning and preliminary site plan approvals are subject to the following conditions and requirements:

(b) The 66 foot east/west ingress/egress from the Little League property to the Township Ice Arena property shall be deeded to the Township as voluntarily offered by the Applicant and shall be provided to the Township at the time a building permit application or Zoning Compliance Certificate application is submitted to the Township for review and approval.

(c) The PUD Agreement, proposed deed restrictions, covenants, or similar instruments (including language relating to the maintenance of the landscaped areas including the open space) as voluntarily offered by the Applicant shall be provided to the Township at the time a building permit application or Zoning Compliance Certificate application is submitted to the Township for review and approval. Such documents shall be approved by the Township and recorded with the Ottawa County Register of Deeds records before construction commences on any building or ball fields.

(d) A Storm Water Drain permit (written approval) from the Ottawa County Drain Commissioner’s Office shall be submitted to the Township at the time a building permit application or Zoning Compliance application is submitted to the Township.

(e) Fields 6, 10, 13, 14, 15 and 16 as shown on the site plan dated 08/28/09 shall never be lighted unless subsequently approved by the Township with an amended application for a PUD.

(f) All representations made by the Applicant (whether orally or in writing) shall be complied with by the Applicant to the extent required by the Township.

(g) All construction, buildings, structures, uses and activities on the Property shall fully comply with the approved final development plan.

(h) The easement to cross the Consumers Energy property relocated as shown on the site plan dated 08/28/09 as voluntarily offered by the Applicant shall be provided to the Township at the time a building permit application or Zoning Compliance Certificate application submitted to the Township for review and approval.

(i) The 54.93 foot north/south strip of property on the west side of the Consumers Energy property shall be deeded to the Township as voluntarily offered by the Applicant and shall be provided to the Township at the time a building permit application or Zoning Compliance Certificate application is submitted to the Township for review and approval.

(j) The access to the ice arena property (with access to 48th Ave.) is installed and paved rather than being shown as future.

14. The Zoning Map (which is a part of the Georgetown Charter Township Zoning Ordinance, as amended) is deemed amended consistent with the PUD rezoning for the Property as approved herein. Except as specifically amended by this Ordinance, the balance of the Zoning Ordinance shall remain unchanged and in full force and effect.

15. Severability. In the event that any one or more sections, provisions, phrases, or words of this Ordinance shall be found to be invalid by a court of competent jurisdiction, such holding shall not affect the validity or the enforceability of the remaining sections, provisions, phrases, or other words of this Ordinance.

16. Effective Date. The provisions of this Ordinance shall take effect seven (7) days from the date of publication of the Ordinance or a summary of its provisions in accordance with the law.

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EXHIBIT A

GEORGETOWN LITTLE LEAGUE PUD DESCRIPTION

PART OF PARCEL 70-14-07-100-003 (ARENA DEVELOPMENT PARCEL)

PART OF THE NORTHWEST FRACTIONAL 1/4 OF SECTION 7, T6N, R13W, GEORGETOWN TOWNSHIP, OTTAWA COUNTY, MICHIGAN, DESCRIBED AS: COMMENCING AT THE WEST 1/4 CORNER OF SAID SECTION; THENCE N90°00'00"E 1789.92 FEET ALONG THE EAST-WEST 1/4 LINE OF SAID SECTION TOTHE POINT OF BEGINNING; THENCE N00°45'00"E 407.00 F EET; THENCE S90°00'00"W 478.03 FEET; THENCE N00°31'42"W 1743.77 FEET ALONG THE WEST LINE OF THE EAST 1/2 OF THE NORTHWEST FRACTIONAL 1/4 OF SAID SECTION; THENCE S89°47'05"E 662.18 FEET ALONG THE SOUTH LINE OF THE NORTH 496 FEET OF THE NORTHWEST FRACTIONAL 1/4 OF SAID SECTION; THENCE S00°32'13"E 2148.26 FEET ALONG THE WEST LINE OF THE EAST 1/2 OF THE EAST 1/2 OF THE NORTHWEST FRACTIONAL 1/4 OF SAID SECTION; THENCE S90°00'00"W 193.52 FEET ALONG THE SOUTH LINE OF SAID SECTION TO THE POINT OF BEGINNING. SUBJECT TO HIGHWAY RIGHT-OF-WAY FOR BAUER ROAD OVER THE SOUTH 50.00 FEET THEREOF. ALSO SUBJECT TO EASEMENTS, RESTRICTIONS, AND RIGHTS-OF-WAY OF RECORD. CONTAINS 28.26 ACRES.

PART OF PARCEL 70-14-07-100-014 (HYLARIDES PARCEL)

PART OF THE NORTHWEST FRACTIONAL 1/4 OF SECTION 7, T6N, R13W, GEORGETOWN TOWNSHIP, OTTAWA COUNTY, MICHIGAN, DESCRIBED AS: COMMENCING AT THE WEST 1/4 CORNER OF SAID SECTION; THENCE N90°00'00"E 1983.44 FEET ALONG THE EAST-WEST 1/4 LINE OF SAID SECTION; THENCE N00°32'13"W 767.03 FEET ALONG THE WEST LINE OF THE EAST 1/2 OF THE EAST 1/2 OF THE NORTHWEST FRACTIONAL 1/4 OF SAID SECTION TO THE POINT OF BEGINNING; THENCE N00°32'13"W 1381.23 FEET ALONG SAID WEST LINE; THENCE S89°47'05 "E 399.50 FEET ALONG THE SOUTH LINE OF THE NORTH 496 FEET OF THE NORTHWEST 1/4 OF SAID SECTION; THENCE S00°32'44"E 1379.73 FEET; THENCE S90°00'00"W 399.69 FEET TO THE POINT OF BEGINNING. SUBJECT TO EASEMENTS, RESTRICTIONS, AND RIGHTS-OF-WAY OF RECORD. CONTAINS 12.66 ACRES.

TOTAL PUD AREA = 40.92 ACRES (INCL. R.O.W.) = 40.64 ACRES (EXCL. EX. AND PROP. R.O.W.)

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Moved by John Schwalm, seconded by Carol Scholma, to amend the resolution to eliminate the condition of approval that requires the driveway access to be paved from the Little League site to the Township ice arena property and to only require the eight foot pedestrian access to be paved as shown on the site plan and to have the access as shown on the site plan. This is option one which includes the following:

(a) 301 paved parking spaces on site.

(b) Paved access from Bauer to the west property line of the Little League property.

(d) Easements across property outside the PUD boundaries for future vehicle access from the Little League property to the ice arena property and ultimately to 48^th Ave.

Ken Long, Space Source, explained the circumstances about the 54.93 foot property west of the Little League property.

MOTION CARRIED.

Moved by Chad Tuttle, seconded by Carol Scholma, to amend the resolution as follows to change the time frame for the Consumers Energy easement to be submitted to the Township at the time a Certificate of Occupancy is issued at the end of the project rather than at the beginning of the project with the submittal of the building permit/zoning compliance application, and to change the requirement regarding the 54.93 foot strip of property that an easement is provided for this property as shown on the site plan rather than requiring that it is deeded to the Township.

(a) The easement to cross the Consumers Energy property relocated as shown on the site plan dated 08/28/09 as voluntarily offered by the Applicant shall be provided to the Township at the time a ~~building permit application or Zoning Compliance Certificate application~~ Certificate of Occupancy is issued ~~submitted to the Township for review and approval~~.

~~(b)~~ The 54.93 foot north/south strip of property on the west side of the Consumers Energy property shall be deeded to the Township as voluntarily offered by the Applicant and shall be provided to the Township at the time a building permit application or Zoning Compliance Certificate application is submitted to the Township for review and approval.

MOTION CARRIED.

The amended resolution as follows was before the Board:

Georgetown Charter Township Board
Ottawa County, Michigan
(Ordinance No. 090914-06)

THE CHARTER TOWNSHIP OF GEORGETOWN (the “Township”) ORDAINS:

WHEREAS, the Property is currently located within the AG-Agricultural zoning district pursuant to the Georgetown Charter Township Zoning Ordinance, as amended (the “Zoning Ordinance”); and

a. The preliminary and final PUD site plan dated 08/28/09;

b. The site location and surrounding features map dated 08/28/09;

c. The existing conditions survey plan 08/28/09;

d. The south grading and utility plan dated 08/28/09;

e. The north grading and utility plan dated 08/28/09;

f. The open spaces map dated August 27, 2009;

g. The detail view of ball field dimensions map dated 08/28/09 and details plan dated 08/28/09;

h. The parcel description;

i. The narrative dated revised August 28, 2009 including the table with variations;

j. The application dated 4/13/09;

k. The concessions elevation dated 08/24/09 and picture of brick samples dated 8/25/09;

l. The concessions floor plan dated 05/01/09;

m. The field lighting details and parking lot lighting details dated 08/08/09;

n. The scoreboard details dated 08/05/2009;

o. The dumpster enclosure detail;

p. The sign detail dated 08/21/09;

q. The DEQ Permit dated issued June 24, 2009;

r. The Ottawa County engineer review dated May 8, 2009, Ottawa County Drain Commission’s review dated June 15, 2009; and

s. The purchase agreement dated February 4, 2009.

WHEREAS, the Georgetown Township Planning Commission (the “Planning Commission) held a public hearing regarding the PUD rezoning request and preliminary site plan on June 3, 2009; and

WHEREAS, via a resolution adopted on September 2, 2009, the Planning Commission recommended that the Township Board approve the requested PUD and preliminary site plan.

NOW, THEREFORE, THE TOWNSHIP BOARD DETERMINES AS FOLLOWS:

17. The Property. The Property is approximately 40.92 acres in size and is located within the AG-Agricultural zoning district under the Zoning Ordinance. The Property has frontage on Bauer Road. The existing adjacent uses include agricultural, residential, and utility easements.

18. The Applicant’s Proposal. If the PUD rezoning, the preliminary site plan, and final development plan are approved by the Township, the Applicant will develop the Property for noncommercial recreational uses, structures, and activities, including baseball and softball fields, parking, a concession stand, and related uses. It is anticipated that the Property will be owned and operated by the Georgetown Little League.

19. General Findings of Fact. Based on the Applicant’s application and supporting documents, public input at the public hearing, materials supplied by Township staff and the Township Planner, the Planning Commission’s recommendations, and various miscellaneous documents, the Township Board hereby makes the following findings: