APPROVED MINUTES OF THE REGULAR MEETING
OF THE KENTWOOD PLANNING COMMISSION
JANUARY 11, 2011, 7:30 P.M.
COMMISSION CHAMBERS
(return to index)

A.                Chair Holtrop called the meeting to order at 7:30 p.m.
 
B.                 The Pledge of Allegiance was led by Commissioner Helder.
 
C.                 Roll Call:
 
Members Present: John Helder, Dan Holtrop, Ed Kape, Laurie Sheldon, Frank Vander Hoff  and Johngerlyn Young
Members Absent: Maurice Groce, Ed Swanson and Don Yokom (with notification)
Others Present: Attorney Cliff  Bloem, Community Development Director Terry Schweitzer, Staff Secretary Monique Collier, the press and the applicants.
 
Motion by Commissioner Sheldon, supported by Commissioner VanderHoff, to excuse Commissioners Groce, Swanson and Yokom from the meeting.
 
-          Motion Carried (6-0) –
-          Groce, Swanson and Yokom absent -
 
D.                Approval of the Minutes and Findings of Fact
 
Motion by Commissioner Sheldon, supported by Commissioner VanderHoff, to approve the Minutes of December 14, 2010 and the Findings of Fact for: Case #11-10 – South Pointe Plaza – Special Land Use and Site Plan Review Open Air Business for a Vehicle Rental Establishment located at 5526 Division Ave. SE
 
-          Motion Carried (6-0) –
-          Groce, Swanson and Yokom absent -
E.                 Approval of the Agenda
 
Motion by Commissioner Sheldon, supported by Commissioner VanderHoff, to approve the agenda for the January 11, 2011 meeting.
 
-          Motion Carried (6-0) –
-          Groce, Swanson and Yokom absent -
 
F.                  Acknowledge visitors wishing to speak to non-agenda items.
 
There was no public comment.
 
 
 
G.                Old Business
 
Case #12-10 – Zoning Ordinance Text Amendments – Billboards/Sign Regulations
 
Director Schweitzer introduced the request. He stated there was discussion over the last few months regarding provisions for billboards within the community. He stated as the zoning ordinance reads now billboards in the office and industrial zone district are a special land use review. He stated Kentwood will have three billboards in the city when the CBS Outdoor dynamic display billboard is erected.
 
Attorney Sluggett looked at the background across the State and suggested it would be more prudent if we eliminate the special land use provision but retain billboards as a permitted use in the industrial zone district. 
 
Schweitzer stated we the staff recommendation includes a revision of one of the current special land use standards now there is a minimum of 500 feet from a billboard to the nearest residential structure under special land use review. He stated if it goes as a permitted use we are suggesting that the minimum distance be 1000 feet from the billboard to the nearest residential structure. He stated this will mitigate the impacts of a billboard that may be in close proximity to residents. Schweitzer stated we are suggesting eliminating the allowance for billboards/dynamic display billboards in the commercial office zone, we will have one along I96 and there will be no other location that will fit in the City of Kentwood for another dynamic display billboard. 
 
Schweitzer stated staff also felt it was important to clarify that no existing billboards nor future billboards would be allowed to be dynamic display, they could be static display but that is all. Schweitzer stated this is something staff feels provides some protection to the community.
 
Holtrop asked for clarification. Schweitzer stated there was nowhere else in the C4 zone that would allow for other billboards under current regulation. There are locations in industrial areas where billboards have been allowed for over 30 years. Schweitzer stated he does believe that there are locations within the community where additional billboards could be placed in the industrial zone. He stated it would have to be the principal use of the property and it can’t be placed on a property that already had or would have a building on it.
 
Holtrop asked about the 4,000 foot separation requirement for the dynamic display billboard. Schweitzer stated there is a 4,000 foot separation requirement between a dynamic display and another dynamic display. Schweitzer stated for the other billboards there will be a 600 foot separation between billboards in the industrial zone. 
 
Sheldon asked about the time and the temperature provisions for message changes on electronic message centers.  Schweitzer stated  that the recommended changes would allow time and temperature to change every sixty seconds.
 
Helder stated it is amazing how many billboard signs there are on the highway and thinks there is no way you can keep your eyes on the road. He stated all these signs may cause accidents. Schweitzer stated there is a federal study to take a look at scientifically what the distraction that may be associated with these dynamic display billboards along the roadway. Schweitzer stated that the results of the study were to be released in December of 2009, but we have just gotten notification that they have completed the preliminary study and they are going to be evaluating and releasing the final study results later this year. Schweitzer stated billboards are recognized as being a distraction but they wanted to quantify just what that distraction would be. Discussion Ensued.
 
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 (6-0) –
-          Groce, Swanson and Yokom absent -
 
Motion by Commissioner Sheldon, supported by Commissioner VanderHoff, to recommend to the City Commission to amend the City of Kentwood Zoning Ordinance No. 9-02, relating to billboards and dynamic display as stated in Schweitzer’s memo dated 12-20-10
-          Motion Carried (6-0) –
-          Groce, Swanson and Yokom absent -
 
H.                Public Hearing
 
Case #1-11 – Grand Rapids Water Tank and Office PUD – Preliminary Site Plan review of an overall PUD and Final Site Plan Review of a PUD Phase located at 3411 Patterson Ave. SE
 
Director Schweitzer introduced the request. He stated the site is 10 acre  in area on the west side of Patterson Avenue north of 36th Street zoned office planned unit development OPUD. He stated the property was zoned for single family residential development from 1980 to 2003. He stated in 2003 the property owner secured approval to rezone the property to the current OPUD zoning as well as conditional approval of a preliminary site development plan, that called for a 4 story 101,100 square foot office building on the Patterson Avenue frontage. Schweitzer stated when you have a PUD and a preliminary plan approved with the PUD, the PUD plan is good for a year. He stated the anticipation is the first phase development will come to the City within a year and once the final site plan for the first phase is approved then that will start the time it takes development to be initiated and then the plan for the overall site is locked in. Schweitzer stated they did not get the final site plan approval within a year and the original plan approval has lapsed.
 
Schweitzer stated the City of Grand Rapids is looking at this site for an elevated water tank which is an allowable use under the zoning; however it has to fit within an overall plan for the entire site. He stated the ordinance does require that a preliminary plan for the overall site be presented. Schweitzer stated the commissioners need to look at the plan and decide whether or not it fits in the zoning ordinance requirements for an OPUD and then look at its merits.
 
Schweitzer stated another thing that needs to be looked at is the first phase development, the elevated water tank is proposed for final site plan approval. Schweitzer stated in an office PUD district the maximum height for a building is 50 feet. He stated this structure would extend above ground about 177feet. He stated the ordinance does allow for the city commission to decide whether or not a deviation from the restriction would be warranted.
 
Schweitzer stated the applicants provided a site plan and a narrative that outlines the need for public improvement that benefits the City of Grand Rapids as the owner of the water system and the City of Kentwood and Cascade as customer communities He stated this will provide increased pressure for this portion of the metropolitan area that has undergone the faster growth and will continue to develop and this will support the uses that have developed in recent years. He stated the tank will also provide increased fire flows.
 
Schweitzer is he is recommending conditional approval of the preliminary site plan to the city commission and granting final site plan approval of a PUD Phase as stated in his memo dated 1-6-2011. 
 
Dave Baar with FTCH was present representing the request. He stated the need for the tank is to stabilize system pressure and increase system fire flows in the east high pressure district. He stated the tank will primarily benefit the City of Kentwood and Cascade Township. He stated another benefit of the tank is to improve operations at the East Paris Service Center, the pumping station located at East Paris and 36th Street. He stated there is a 36 inch pipe running down 36th Street which discharges water from the East Paris Service Center and they deliver that water to the new tank. He stated from the tank it feeds the rest of the pressure district and areas beyond the tank. He stated what you get from the tank plus the pump situation is redundancy and feed from multiple directions of water in the district. He stated the great benefit in the event of a power outage or another problem at the East Paris Service Center is that you have water that is always available. 
 
Baar stated this is a site that appears to be approvable by the airport; they have submitted application and are now awaiting approval. He stated the site in Cascade Township was approved at one time by the FAA and the Grand Rapids airport, therefore based on that approval they think they will be able to get approval at this site from the same agencies. 
 
Baar stated that tank has been planned for about 15-20 years and the need for the tank has increased as water system demands have increased. He stated this is the site they narrowed in on. He stated this site will provide a benefit for the City of Kentwood and its water rates, if it is located in Kentwood the rate increase is about $7 per year and if the tank would have been located in Cascade the rates would be $21 per year to a Kentwood resident.  Baar stated the tank is an essential public service and the PUD zoning allows the tank.
 
Baar stated the tank has been studied in the comprehensive Master Plan for the whole system and that document has been approved by the users of the water system. He stated they have a two phase approach for the 10 acre site. The first phase includes the tank and the other portions are the access road and a watermain along that access road and the detention basin on the back of the site. He stated the detention basin on the back of the site is sized for the tank overflow, run off from the tank site and also run off for the second phase which includes the parking lot and the office building on the front of the site. He stated the basin that will be built is much bigger than it would need to be for just that tank so a second basins would not need to be developed in the future and that is in compliance with the stormwater management ordinance.  He stated it is based on a large parking area and 50, 000 square foot office building on the front of the site.
 
Baar stated they plan for construction to begin on the tank portion of the site early fall of 2011 and the City of Grand Rapids plans to develop the tank site but has no plans to be a developer for any future office building. He stated the intent in the future is to sell off that piece of property to a developer which will develop in conjunction with the PUD. He stated there are also some possibilities of development to the north, roads tying in from the 33rd Street extension and potentially some type of variation of the development that’s presented.
 
Baar stated the concept is viable for an office building contained within the site. He stated other details on the project relate to phase one, the intent is to maintain as much of the existing natural features of the site as possible. The retention of the pine tree grove will provide some screening of the tank.  He stated the rest of the site between the trees and the road would be left in its current natural state until the future phase. He stated when the phase 2 development goes in they will provide storm sewer to serve the parking lot, roadway area and that would lead back to the detention basin which would be an existing basin from phase 1. He stated drainage from the phase 1 development goes via over land flow to the detention basin. He stated they are also looking at providing some screening with some new tree cover along the east and north property lines. He stated the future site development does show several options for future access roads and the plan for the future access from the site would be 33rd Street from the north and then exit from the site would be through the driveway which would be developed as part of phase 1 and modified in phase 2.  
 
Baar stated there were some changes that they made based on the planning commissions feedback from the work session. He stated they added a section to the PUD narrative indicating when a portion of the property is sold in the future all proceeds from that sale would be returned to the water system fund which will help offset water system user cost. He stated the property would be purchased by water system funds and they want to make sure that any sale of land in the future got returned to the water system fund.
 
Baar added that the City of Grand Rapids is not intending to act as the developer of the future office development. He stated they added a section about the proposed height deviation. He stated the other item related to a future non-motorized trail, Kentwoods Master Plan calls for a trail running from East Paris to Patterson and the consumers energy property located to the south was one location considered for that. The phase 2 plan for this site includes a non-motorized trail that basically would cover about ½ of the distance of the consumers property and then divert to the south.
 
Baar displayed renderings of the tank of photographs of the site and different views. He stated they have flexibility on color options as well. He stated they did agree not to put any kind of logo on the tank.
 
Holtrop opened the public hearing.
 
There was no public comment.
 
Motion by Commissioner VanderHoff, supported by Commissioner Sheldon, to close the public hearing.
-          Motion Carried (6-0) –
-          Groce, Swanson and Yokom absent -
 
VanderHoff stated the request looks like a good use for the property.
 
Sheldon stated she thought the tank looked really large and felt the trees did not really screen the tank. She also had concerns about the color of the tank. Gernberg stated the concrete tanks are usually an off white beige color and the steel tanks are a sky blue. He stated they can do multiple renderings to show how they interact to the surrounding area.
 
Holtrop asked what streets will be serviced with the tank. Gernberg stated the East High pressure district goes to Buttrick in Cascade Township. The closest other facility to this tank is the East Paris Service Center at the corner of East Paris and 36th Street. He stated that service center goes all the way to the south limits of Kentwood which borders Gaines Township. He stated water for that pressure district comes from the Franklin and Fuller area which gets pumped all the way out to East Paris. He stated the communities that are served are Cascade Township and Kentwood. He stated it is close to a high commercial corridor which is beneficial for the fire fighting and there is also a high industrial client base along Patterson to the south around the airport. Gernberg stated to the north at some point it begins to blend in with the effects of the other supported areas.
 
Holtrop asked for clarification on the height of the tank relative to the topographic elevation of the site. Gernberg stated the top of the tank is fixed to allow them the ability to meet a hydraulic grade line and the hydraulic grade line is consistent through the east high pressure district at 927 feet and the top of the proposed tank is 942 feet and the ceiling for the FAA is 943 feet. Any cell towers that would be mounted they have to be on the side of the tank. Baar stated the level of the water in the tank needs to be at 927. Discussion Ensued.
 
Holtrop stated he noticed the commissioners had concerns regarding the color and was wondering should it be in our recommendations. Schweitzer stated a range of colors has been laid out and one of the conditions is a formal PUD agreement between the City of Kentwood and the City of Grand Rapids. The City Commission holds the ultimate authority it was left open as to what it would be and they will decide and that would be incorporated within that development agreement. Gernberg stated they can have some renderings for the city commission meeting.
 
Motion by Commissioner Sheldon, supported by Commissioner VanderHoff, to recommend to the City Commission conditional approval of the Preliminary PUD Site Plan dated 12-28-10 for the City of Grand Rapids Office PUD as well as a deviation from the Section 12.07.C.4 Zoning Ordinance restrictions on building height to allow a 177 foot tall elevated tank. Approval is conditioned on conditions 1-5 and basis points 1-8 as described in Schweitzer’s memo dated 1-6-11.
 
-          Motion Carried (6-0) –
-          Groce, Swanson and Yokom absent -
 
 
Motion by Commissioner Sheldon, supported by Commissioner VanderHoff, to grant conditional approval of the Final Site Plan for the City of Grand Rapids Water Tank dated 12-28-10, a phase of the City of Grand Rapids Office PUD. Approval is conditioned on conditions 1-6 and basis points 1-5 as stated in Schwietzer’s memo date 1-6-11.
 
-          Motion Carried (6-0) –
-          Groce, Swanson and Yokom absent -
 
 
I.                   Work Session
 
There are no Work Sessions
 
J.                   New Business
 
 
Motion by Commissioner Sheldon, supported by Commissioner VanderHoff, to set public hearing date of February 8, 2011 Case #2-11 – Quick Lane – Special Land Use and Site Plan Review for a Major Vehicle Repair Establishment located at 2950 Broadmoor Ave. SE
 
-          Motion Carried (6-0) –
-          Groce, Swanson and Yokom absent -
 
K.                Other Business
 
1.      Election of Officers
 
Motion by Commissioner VanderHoff, supported by Commissioner Young, to extend the current officers: Holtrop Cahri; Sheldon Vice Chair and Yokom Secretary.
 
-          Motion Carried (6-0) –
-          Groce Swanson and Yokom absent -
 
2.      Commissioners’ Comments
 
The Commission welcomed Ed Kape to the commission.
 
VanderHoff stated he will be gone the month of February.
 
 
3.      Staff’s Comments
 
 
Schweitzer stated we will have a presentation on the Form Based Code at our next meeting.
 
L.                 Adjournment  
 
Motion by Commissioner VanderHoff, supported by Commissioner Sheldon,                           to adjourn the meeting.
 
-          Motion Carried (6-0) –
-          Gorce, Swanson and Yokom absent -
 
Meeting adjourned at 8:35p.m.
 
 
                                                            Respectfully submitted,
 
                                                            Don Yokom, Secretary