1. Chair Holtrop called the meeting to order at 7:30 p.m.

 

2. The Pledge of Allegiance was led by Commissioner Swanson.

 

3. Roll Call:

Members Present:  Maurice Groce, John Helder, Dan Holtrop, Ed Kape, Laurie Sheldon,  Ed Swanson, Frank Vander Hoff,  Don Yokom and Johngerlyn Young (arrived late)
Members Absent: None
Others Present:  City Attorney Jeff Sluggett, Community Development Director Terry Schweitzer, Economic Development Planner Lisa Golder, Planner Joe Pung, Staff Secretary Monique Collier, Assistant City Engineer Tim Bradshaw, the press and about 25 residents.
 
            Motion by Commissioner Sheldon, supported by Commissioner Swanson to excuse    Commissioner Young from the meeting.

• Motion Carried (8-0) –
• Young absent -

4. Approval of the Minutes and Findings of Fact

 
            Minutes of November 22, 2011 and the Findings of Fact for:  Case#13-11 –Metro       Cab – Special Land Use and Site Plan Review for a Fuel Depot located at 4678           Danvers Dr. were approved as drafted.
 

• Motion Carried (8-0) –
• Young absent -

5. Approval of the Agenda

 
Motion by Commissioner Sheldon, supported by Commissioner VanderHoff, to approve the agenda for the December 13, 2011 meeting.
 

• Motion Carried (8-0) –
• Young absent -

 

6. Acknowledge visitors wishing to speak to non-agenda items.

 
            There was no public comment.
 

7. Old Business

 
Case #11-11 – ICC Behar – Special Land Use and Site Plan Review for parking in the flood plain located at 3425 East Paris Ave. (applicant has requested tabling to the January 10, 2012 meeting)
 
Motion by Commissioner VanderHoff, supported by Commissioner Swanson, to table Case #11-11 ICC Behar to the January 10, 2012 meeting.
 

• Motion Carried (8-0) –
• Young absent -

           
Case #12-11- Camille Woods – Preliminary Site Plan Review for a Site Condominium Development located North West of Lake Dr. and Camille
 
Planner Golder introduced the request. She stated the latest plan shows the road coming off of Camille as was originally proposed.  She reminded the commissioners of their desire to have  the developer make the plan more interesting and retain more trees.
 
She stated the request is for site plan approval for a 11 unit site condominium development zoned R1-C on 3.77 acres located north of Lake Drive and west of Camille.  Golder stated site condominiums are developed under the Condominium Act, a site condominium expands the ownership privileges to include a lot.  She stated it would look like a typical single family subdivision but it is developed under the Condominium Act.  She stated it is collectively owned, some of the things that are owned in common include the road, detention ponds and any open space that is not a site condominium itself.
 
Golder stated this zoning is R-1C which means at least 10,000 square foot lots with 80 foot minimum lot widths and the proposed plan does meet the size requirements of R1-C.  She stated plan is subject to site plan review.  She stated the density is now to 3.8 units per acre, so it is under the 4 that is recommended by the Master Plan.  She stated there are quite a few engineering recommendations that are part of the recommendation for approval, which include utilities and storm drainage issues. Golder stated she is recommending to the city commission approval of the preliminary site plan dated 12/7/11 as stated in her memo dated 12/9/11 and the City Engineers memo dated 12/9/11
 
John Halland stated he submitted a plan to the service committee for the two detention ponds and it was not approved.  He stated that was his favorite plan because it did curve the road a little more than what it is curved now and it was going to save trees. He stated the new plan did lay out better than he thought.  He stated they are going to make every effort they can to save every tree.  He stated he was showing trees on Thomson and Wendells property and those have been taken off because he didn’t have permission to put those in their property.  He stated he is more than willing to do and work with the neighbors and get an approval for trees if they want them he will provide them.  He stated he received the letters from planning and engineer and they are working on addressing them.  He stated all the Engineering items were addressed. 
 
Golder stated Mr. Halland gave an update to the project description and what she would like to change is to incorporate the larger minimum unit sizes pledged in the initial project descriptions.
 
Chair Holtrop opened the public hearing.
 
A letter was sent from Jonathan J. Siebers on behalf of the Camille homeowners in opposition of the proposed development with concerns regarding the density, drainage and traffic congestion. The letter stated if they are going to have change/development they would like for it to be consistent with what is already there.  Mr. Lee Jacotes 3623 Lake Dr. was concerned regarding the drainage impact. Barb Pemberton 1301 Camille stated they want a successful development, a safe neighborhood, drainage that is controlled and they would like to preserve the value of their homes and their lifestyles. She also stated they would like a deceleration lane and a bond during the development process.  She stated they would like the green screening of the homes and the road. She stated they would hope fencing would not be allowed. Harold Vody 1233 Camille was also present and had concerns regarding the traffic.
 
Motion by Commissioner VanderHoff, supported by Commissioner Swanson to close the public hearing.

• Motion Carried (9-0) –

 
Commissioner Kape questioned why the square footage of the condos went down.  Halland stated he spoke to some builders and they looked at the portfolio of homes they build and the smaller square footage were a better fit.  However, Halland stated he is ok with leaving the homes at 1,500 square feet and 1,900 square feet for ranch and 2 story homes respectively.
 
VanderHoff stated the way this is proposed meets all of the zoning and ordinances and Mr. Halland is allowed to build on that property by right. What would be the difference of what he could build by right where he wouldn’t need approval or input versus what he is currently proposed to build?  Golder stated anything he builds commissioners have a review.  Golder stated he could have 4 splits without going to the planning commission; once you are beyond that you are going to plat, have a PUD or a site condominium to accomplish a split more than 4. VanderHoff stated from a density standpoint he could do a PUD or plat the property and build 11 houses.  Golder stated that is correct. 
 
VanderHoff questioned what would be the problem of a PUD and having it platted out and build individual homes. Halland stated he looked at doing detached condos and after researching he decided against it.  Halland stated condominiums would be more controversial than him wanting to do homes because he is building single family home against single family homes and he thought it would lessen the impact to the neighbors.  Halland stated he originally had a layout for 13 detached condos and what is brings his density down is the amount of public utilities that he has to put in. 
 
VanderHoff addressed the letter submitted from Smith Haughey Rice & Roegge on behalf of Jonathan Siebers and questioned if there were any problems with the sections that were mentioned in the letter.  Attorney Sluggett stated the standards mentioned in the letter relative to Sections 13.08 and 14.05 are subjective determinations that the planning commission needs to make.  Sluggett stated in terms of the six standards that are in Golders report the standards are met.  He stated the question for the planning commission is are any of the subjective standards identified violated as a result of this proposal. Sluggett stated that is a decision of the planning commission and he did not see anything in the letter that was conclusive in terms of requiring the planning commission to deny this project.
 
Sheldon asked how long he thinks the neighborhood is going to be under construction.  Halland stated they should be able to buildout in about 2 years. Sheldon asked if the builders are going to comply with the fencing issues.  Halland stated that is fine if they want to incorporate fencing restrictions this into their approval.  He stated in his other subdivisions their fences have to be 50%  see through and they can’t be over 42” tall and have to be made maintenance free. Sheldon asked if the Engineer looked into the traffic issues.  City Engineer Bradshaw stated he did go out to the site and look at site distance coming out of Camille onto Lake Dr. To the west there was approximately 490 feet of site distance and to the east there was 1,000 feet and based on the speed limit and the grades of Lake Dr. you would want a minimum of 320 feet sight distance. The proposal far exceeds engineering standards.  Bradshaw stated a deceleration lane would not be necessary in this case.  He stated if the developer volunteers a deceleration lane it would be allowed but Engineering would not require.  Golder stated she spoke to the police department about traffic accidents and they said there were two in the last three years.
 
Yokom stated if he lived in that area he would have some of the same concerns.  He stated he thinks the request needs a little more review.
 
Swanson asked what the square footage is of the homes that are out there now. Halland stated they are around 1,850-3,000 square feet.
 
Groce asked about the request for a bond. Bradshaw stated the bond is just in case development fails when it is being built. The City would have a $30,000 pot of money to draw upon to hire a contractor to finish the storm work that is designed for the site.
 
Young asked about the price range of the homes.  Halland stated a 1,500 square foot ranch is going to be about $250,000 a 1,900 square foot 2 story home would be about $275,000 and there will be some homes in the $300,000 range.
 
VanderHoff stated based on what we have heard the past few meetings he doesn’t think a few weeks will make a difference. They know the issues.  He personally isn’t concerned with the traffic problem and the line of site is at least 50%-300% further than the minimum and he doesn’t see any problem and would be in favor of the proposal.
 
Sheldon stated she would like to have more time to think about the request.
 
Swanson stated he has been out there several times and he sees the staking and all the questions that we’ve heard he has answered for us and thinks this is ok.
Motion by Commissioner Swanson, supported by Commissioner VanderHoff, to recommend to the City Commission Conditional approval of the preliminary site plan dated 12/7/11 for an 11 lot site condominium development for Kathryn Woods site Condominiums as described in Case No. 12-11 Approval is conditioned on conditions 1-7 adding condition 8 to include a fencing restriction to 50% see through and only 48 inches high and maintenance free material and basis point 1-8 in Golder’s memo.
 

• Motion Failed (4-5) –
• VanderHoff, Helder, Swanson, Young, -
• Sheldon, Yokom, Groce, Holtrop, Kape dissenting-

 
Motion by Commissioner Sheldon, supported by Commissioner Kape, to table the preliminary site plan dated 12/7/11 for an 11 lot site condominium development for Kathryn Woods site Condominiums as described in Case No. 12-11 to the January 10, 2012 meeting.

• Motion Carried (7-2)
• Swanson and Helder dissenting -

 
Swanson asked why are we tabling. He questioned what additional information do we need that would be important so Mr. Halland knows what to have or what we are looking for.
 
Sheldon stated she just needs more time.
 
Golder stated if the commissioners are going to table one of the things they can look for is a revised project description that incorporated some things like the fencing the unit size etc. Golder stated if there is other information the commissioners need to let her know so she can get it to the applicant before the next meeting.
 

8. Public Hearing

 
Case#14-11 Wax Doctor Detailing & Uhaul Service Center – Special Land Use Open Air Business and Site Plan Review located at 5091 Broadmoor Ave. SE
 
Pung introduced the request.  He stated the applicant would like to operate a full service detailing operation which is permitted and rent Uhaul trucks and trailers which is the special land use open air business.  Pung stated the open air business will be consistent with the prior use of the property.  Pung stated they are not proposing any major changes to the property other than some landscaping and sign.  The Uhaul trucks will be stored along the rear west property line. Fire and Engineering did not have any issues with the site plan as proposed.  Pung stated he is recommending approval of the special land use and site plan review as stated in his memo.
 
Chair Holtrop opened the public hearing. 
 
There was no public comment.
 
Motion by Commissioner VanderHoff, supported by Commissioner Young to close the public hearing.

• Motion Carried (9-0) –

 
The commissioners offered no comments and stated this is a good use of the property.
 
Motion by Commissioner Swanson, supported by Commissioner VanderHoff, to grant conditional approval of the special land use open air business as described in Case #14-11: Wax Doctor Detailing & Uhaul Service.  The approval is conditioned on condition 1-3 and basis point 1-5.

• Motion Carried (9-0) -

 
Motion by Commissioner Swanson, supported by Commissioner VanderHoff, to grant conditional approval of the site plan date stamped November 30, 2011 as described in Case #14-11: Wax Doctor Detailing & Uhaul Service.  Approval is conditioned on conditions 1-3 and basis point 1-4 as described in Pungs memo date 12/6/11
 

• Motion Carried (9-0) -

1. Work Session

 
            There were no work sessions.
 

10. New Business

 
            There was no new business
 

11. Other Business

 

1. Commissioners’ Comments

 
Helder asked about Honey Baked Ham.  Schweitzer stated they have one year to exercise approval.
 
Helder asked about the old Library. Schweitzer stated the City has it up for sale and there have been inquiries over the years but no offers.
 
Helder asked about Shell on 44^th and Kalamazoo. Schweitzer stated there was consideration for demolishing the existing building.
 

2. Staff’s Comments

 
Staff offered no comments.
 

12. Adjournment  

 
Motion by Commissioner Yokom,  supported by Commissioner VanderHoff, to adjourn the meeting.
 

• Motion Carried (9-0) –

 
Meeting adjourned at 8:40p.m.
 
 
                                                            Respectfully submitted,
 
                                                            Don Yokom, Secretary