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Minutes for 01/27/2009APPROVED MINUTES OF THE REGULAR MEETING
OF THE KENTWOOD PLANNING COMMISSION
JANUARY 27, 2009, 7:30 P.M.
COMMISSION CHAMBERS
A. Vice-Chair Sheldon called the meeting to order at 7:30 p.m.
B. The Pledge of Allegiance was led by Commissioner Young.
C. Roll Call:
Members Present: Maurice Groce, Dan Holtrop, Laurie Sheldon, Frank Vander Hoff, Don Yokom and Johngerlyn Young.
Members Absent: Betsy Artz, Chris Winczewski (with notification)
Others Present: City Attorney Jeff Sluggett, Community Development Director Terry Schweitzer, Economic Development Planner Lisa Golder, Staff Secretary Monique Collier, the press, the applicants and about 15 citizens.
Motion by Commissioner Holtrop, supported by Commissioner VanderHoff, to excuse Artz and Winczewski from the meeting.
- Motion Carried (6-0) ?
- Artz and Winczewski absent -
D. Approval of the Minutes and Findings of Fact
Motion by Commissioner Holtrop, supported by Commissioner VanderHoff, to approve the Minutes of January 13, 2009.
- Motion Carried (6-0) ?
- Artz and Winczewski absent -
E. Approval of the Agenda
Motion by Commissioner Holtrop, supported by Commissioner VanderHoff, to approve the agenda for the January 27, 2009 meeting.
- Motion Carried (6-0) ?
- Artz and Winczewski absent -
F. Acknowledge visitors wishing to speak to non-agenda items.
There was no public comment.
G. Old Business
There was no old business.
H. Public Hearing
Case #17-07 ? Menard?s-Special Land Use Open Air Business Garden Center/Outside Yard Area and Site Plan Review located north of 28th Street, midway between East Paris Avenue and Patterson Avenue
Planner Golder introduced the request. She stated the applicant is looking to construct a 162,000 square foot building on approximately 18.97 acres with a garden center, a yard area and a warehouse area. She stated the difference now than what was seen before is, the building has moved south 40 feet away from the residential neighborhood (the building also moved further to the east and more centered between the two frontage buildings). She stated the garden center has been flipped from the east side over to the west side of the site and the access to the site has changed.
Planner Golder stated some of the concerns the neighbors had regarding the special land use were: what the building will look like from their homes, screening, noise etc. The applicant agreed to screening around the HVAC units and commissioned a noise study that concluded that the noise would not be bad. Golder stated there will not be loud speakers on the exterior of the building and the forklifts they will use will not have beepers. She stated the landscaping plan still shows a nice line of trees near the condos, along the east side and some along the driveway that goes over to Sparks Dr.
Planner Golder stated yet to be resolved was the truck loading; whether or not we should allow contractors to come in and get their product early. She stated the applicant stated in the operations statement that contractors might arrive as early as 5a.m. The other issues are when semi-trucks can unload and when garbage collection will occur. Golder stated regarding the unloading in the recommendation, staff would like to restrict loading and unloading to the public hours which will be between the hours of 7am- 11p.m. She stated this is consistent with city ordinance.
Planner Golder stated traffic is also an issue. She stated Menard?s will create more traffic, but it will not be worse than it is right now. Golder stated the traffic improvements being recommended is the light at Damon?s; decel lanes at the Damon?s entrance and at the right in only entrance between Art Van and La-Z-Boy; and adjustments to the traffic light are at East Paris and Patterson. She stated MDOT has not been able to review the traffic study and she doesn?t know what they are going to recommend. She stated the recommendation will reflect MDOT?s decision and the applicant has agreed to go along with whatever they are recommending no matter what it is.
Planner Golder stated that coordinating access for the various properties out onto 28th Street was a challenge. She stated the applicant has talked about extending the Menard?s parcel to 28th Street. She stated if the driveway becomes a piece of Menard?s property there might be some issues with setbacks that will have to go to the Zoning Board of Appeals. If the driveway is going to be an easement Menards needs to make sure it is adequate and provides cross access so everybody can get out onto 28th Street.
She stated Sparks Dr. neighbors were concerned about trucks coming down their street. She stated Sparks is not a truck route and we will rely on the current truck route ordinance. There will not be any cut throughs and part of the recommendation is to make sure there is a note regarding truck access on the plan and it is understood by the developer.
Planner Golder stated regarding the site plan review there was discussion of whether or not there will be open display of trucks. The site plan shows a number of locations where the storage of trucks might occur and the trucks that will be for rent.
Planner Golder stated she is recommending conditional approval of the special land use for the proposed open air business. Recommended approval is conditioned on conditions 1-8 and basis points 1-8.
Planner Golder stated in the operations statement the applicant should be specific as to the hours the store will be open and be consistent. She stated the applicant should limit pick up of recyclables and waste; ?during general public hours.? She stated regarding the number of trucks entering and exiting the site; she would also like to add ?during the general public hours of operation.? She stated regarding the outdoor sales and storage there will only be the retaining wall block displays and the propane tank storage. She stated if it becomes unacceptable then staff will need to enforce.
Planner Golder stated she is also recommending conditional approval of the site plan dated January 27, 2009. Recommended approval is conditioned on conditions 1-10 and basis points 1-8.
Tom O?neil, 4777 Menard Dr. Eau Claire Wisconsin was present to represent the Menards request. He stated the main operational issue for Menards is the timing of the hours of operation as far as limiting the yard operations to after 7am and not allowing the pre 5am-7am time frame in the yard. He stated he would ask the planning commission to not allow commercial unloading in the outdoor sales and storage area between the hours of 5am- 7am., no flat bed trailers, no trailers that will have fork lift unloading operation in that time frame. He stated they would still like to allow contractors to be able to pick up their loads in that time frame. He stated this will allow Menards commercial unloading of trucks that back up to the loading docks, they will be loading right into the receiving area of the store.
Mr. O?neil stated they show a few areas on the site plan for trailer display on the west side of the parking lot, there is an area of three back to back parking spaces for commercial contractor delivery vehicles. In the southeast corner of the parking lot is an area for a pick up truck rental for guest to know they can rent it. He stated for display in the parking lot they are showing some trailers, contractor commercial delivery vehicles, and one rental truck. Along the store front, up against the store wall is an area of concrete block display and a propane tank display/storage area.
Mr. O?neil stated they would like to distinguish themselves from their competitors by having a large lumber yard which enables them to put the vast majority of product in the lumber yard. He stated they do not have items in front of the store other than the items that will be a condition of approval. He stated regarding the trailers and the commercial contractor vehicle parking, the location is behind the Art Van building and would be obstructed view and not be visible from 28th Street
Vice Chair Sheldon opened the public hearing.
Bob Hedges, President of the Forest Meadows Homeowners Association; William Aaron?s , 4530 Woodcreek Dr; Diane Fryer 2590 Forest Bluff Ct. stated there are 7 families that border the project. They stated the majority of the neighbors feel the plan will be fine but most neighbors are still concerned with noise, lighting and safety.
Motion by Commissioner VanderHoff, supported by Commissioner Holtrop to close the public hearing.
- Motion Carried (6-0) ?
- Artz and Winczewski absent ?
Commissioner Young asked about whether or not a study was done regarding opening at 5am versus 7am and how much activity do they anticipate around that time. Golder stated the applicant stated there will be 15 deliveries per day and mostly in the morning. Mr. O?Neil stated in the operations statement they gave the worse case scenario and most days they don?t have over ten deliveries. Mr. O?neil stated there isn?t one time when deliveries come they generally come; during the hours of operation throughout the day.
Commissioner Holtrop?s concern was the operations statement regarding the outdoor sales and storage and wanted to make sure there will not be sheds, wheel barrels, riding lawn mowers, etc. out front. Mr. O?Neil stated that is correct there will not be. Holtrop asked about noise in the early hours. Mr. O?Neil stated the vehicles will not make any noise; the only ones they don?t control are garbage trucks and different contractors that are coming to pick up loads they don?t know exactly what kind of trucks or hazard lights or warnings they have on their vehicles. Mr. O?Neil stated Menard vehicles do not have the backup warning beepers. Holtrop asked if the people unloading at the dock are Menards vehicles. Mr. O?Neil stated not all of them but the ones that do will not have back up beepers. Holtrop asked how many spaces for trailers. Mr. O?Neil stated they will only need 8 spaces by 20 feet in depth. Mr. O?Neil stated to the east there is a 20x30 foot area for the commercial contractor delivery.
Commissioner VanderHoff asked what time does Menards normally open in the morning for contractor pick up. Mr. Oneil stated in the winter around 6am, summer time garden center season they open the doors around 5a.m. VanderHoff asked if the managers could encourage the contractors not to delivery before 7a.m. Mr. O?Neil stated one of the problems with that is a lot of the truck drivers are driving through the night and pull in early in the morning.
Commissioner Yokom asked while they are loading or unloading the trucks can the engines be shut off so they are not running while they are waiting. O?Neil stated they do not allow them to idle in the parking lot whether it is their own drivers or independent haulers. Yokom stated he has noticed in the front of Menards stores that he has visited they always have some sort of display and wondered do they intend on doing the same thing at this location. O?Neil stated they are committed not to do it and it would be a violation of their conditions of approval. Golder stated if it is the intent of the planning commission not to have additional outdoor display they should specify it. Yokom asked if there is an ordinance as to the time rubbish haulers can go to a business and start pick up. Sluggett stated not that he is aware of other than in residential areas.
Vice-Chair Sheldon asked if deliveries in the morning will be enclosed and back right up to the building to unload. Mr. O?Neil stated they will not allow flat bed trucks in to distribute within the lumberyard. Sheldon asked has anything changed concerning the lighting and the noise since the proposed change in building location. Mr. O?Neil stated they flipped the store and everything is consistent. Sheldon stated she would like to see the bricks in the back of the building. O?Neil stated Menard?s won?t be able to market them if they are not visible to the public. Sheldon asked if everyone was ok with the amount of spaces and the 5am-7am delivery time. Commissioners were fine with that.
Planner Golder stated there are issues that still need clarification. She stated the trailers that are on the plan going from 13 to 8 parking spaces devoted to storage; going from 40?x30? for commercial trucks is bigger than what is shown on the site plan.
Motion by Commissioner Holtrop, supported by Commissioner VanderHoff to grant conditional approval of the special land use for a proposed open air business as described in Case No. 17-07. Approval is conditioned on conditions 1-8 with condition 1 of the operations statement to be modified stating ?recyclables and waste are to be loaded during general public hours of operation? and ?the designation on the plan for outdoor sales and storage will be modified to indicate 8 spaces for storage display rental and 6 spaces for commercial truck storage. Regarding the number of trucks entering and exiting site and timing of deliveries, there will be enclosed trucks (no flatbed trucks)only between the hours of 5am-7am?and change the date in condition 3 to the site plan dated January 27, 2009; condition 8 modify the landscaping site plan dated January 23, 2009 and basis points 1-8 as described in Golder?s memo dated 1-22-09.
- Motion Carried (6-0) ?
-Artz and Winczewski absent ?
Motion by Commissioner Holtrop, supported by Commissioner VanderHoff, to grant conditional approval of the site plan dated January 27, 2009 for the proposed Menards store as described in Case No. 17-07. Approval is conditioned on conditions 1-10 with condition 5 being modified to read landscaping plan dated January 23, 2009 and basis points 1-6 as described in Golder?s memo dated 1-22-09
- Motion Carried (6-0) ?
- Artz and Winczewski absent -
I. Work Session
There were no work session.
J. New Business
Motion by Commissioner Holtrop, supported by Commissioner Yokom, to set the public hearing date of February 24, 2009 for Case #2-09 Heritage Pointe Ventures ? Major Change to Site Plan located at 2060 East Paris SE
- Motion Carried (6-0) ?
- Artz and Winczewski absent -
K. Other Business
1. Commissioners? Comments
VanderHoff stated he will not be at the planning commission meetings for the month of February
2. Staff?s Comments
Schweitzer stated we will be looking at jointly updating the master plan in the upcoming year with the parks and recreation commission.
L. Adjournment
Motion by Commissioner VanderHoff, supported by Commissioner Holtrop, to adjourn the meeting.
- Motion Carried (6-0) ?
- Artz and Winczewski absent -
Meeting adjourned at 8:41p.m.
Respectfully submitted,
Don Yokom, Secretary
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