Kentwood Committees & Boards
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Minutes for 02/23/2010APPROVED MINUTES OF THE REGULAR MEETING
OF THE KENTWOOD PLANNING COMMISSION
FEBRUARY 23, 2010, 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 Sheldon.
C. Roll Call:
Members Present: Betsy Artz, Maurice Groce, Dan Holtrop(arrived late), Laurie Sheldon, Don Yokom, and Chris Winczewski.
Members Absent: Ed Swanson, Frank Vander Hoff and Johngerlyn Young (with notification)
Others Present: City Attorney Jeff Sluggett, Community Development Director Terry Schweitzer, Economic Development Planner Lisa Golder, Planner Joe Pung, the press and the applicant.
Motion by Commissioner Winczewski, supported by Commissioner Yokom, to excuse Commissioners Swanson, VanderHoff and Young from the meeting.
- Motion Carried (6-0) ?
- Swanson, VanderHoff and Young absent -
D. Approval of the Minutes and Findings of Fact
Motion by Commissioner Artz, supported by Commissioner Yokom, to approve the Minutes of February 9, 2010 and the Findings of Fact for: Case #1-10 ? Madison Avenue Missionary Baptist Church- Site Plan Review for a Church Expansion located at 5757 Madison Avenue SE
- Motion Carried (6-0) ?
- Swanson, VanderHoff and Young absent -
E. Approval of the Agenda
Director Schweitzer stated there will not be a public hearing date of March 23, 2010 for Structures and Improvements Plan (SIP) the public hearing date has been changed to May 25, 2010.
Motion by Commissioner Artz, supported by Commissioner Winczewski, to approve the agenda for the February 23, 2010 meeting with changes noted.
- Motion Carried (6-0) ?
- Swanson, VanderHoff and Young absent -
F. Acknowledge visitors wishing to speak to non-agenda items.
There was no public hearing.
G. Old Business
There was no Old Business
H. Public Hearing
Case #10-09 ? Consideration of a Street Tree Regulatory Ordinance
Director Schweitzer introduced the request. He stated since September 2009, staff has been researching our existing condition within the community and taking a look at some of the literature from planning and engineering standpoint in terms of the value of street trees; the hazard associated with street trees; and the pro and cons. He stated what staff has done was pulled together highlights of discussion that has taken place. He stated the recommendation refers to 2 items. 1) The ordinance and right now street trees are some provisions in the code of ordinances that talk about the effect of trees. He stated we have an ordinance to amend the code of ordinances regulation pertaining to the placement of trees within the public right-of-way. He stated this ordinance will expand upon a great deal and speak more generally in terms of street trees. 2) Draft administrative street tree regulations and rules. He stated this lays out the guideline/standards that we would be recommending to the city commission for consideration. He stated in developing these standards staff has worked with the police, engineering and planning departments since 2006 and have continued to work through today on the draft policy.
Director Schweitzer stated there were some changes that were incorporated from the last meeting. He stated the engineering interns last summer mapped out where all the Emerald Ash street trees are within the community. He stated there are a number of subdivisions on the northeast side of the community, portions of Bailey?s Grove, Windy Ridge and a lot of the new subdivisions that had the misfortune of having them install Ash Trees as their street tree of choice. Schweitzer stated it is very likely the Ash Trees will disappear within the subdivisions. He stated we predominately used Ash Trees along the major street reconstruction projects including, 52nd Street- Stauffer Avenue East-Breton Avenue, 52nd Street north and Shaffer Avenue.
Schweitzer stated the main reason for the ordinance is because we are going to lose the Ash trees and if we apply the policy that is in place now we wouldn?t be able to replace those trees. He stated the recommendation is to allow for many of those trees to come back at least in close proximity of where they are now. He stated there were still large stretches of roadway primarily 52nd Street, Breton Avenue and Shaffer, where you would not have been able to put street trees back in the public right-of-way. He stated if the amended policy were to be adopted it would make it possible along 52nd Street, Breton Avenue and Shaffer Avenue to be able to put street trees back into place; not where they are right now but a little bit further removed from the edge of the pavement. He stated we would be able to balance between the aesthetics; traffic calming associated with street trees and balance it off with the safety considerations that the police department has stressed over the last 5-6 years.
Schweitzer stated Attorney Sluggett has taken a look at the ordinance language and the most significant refinement is when there is a case of working with removal of trees in public right-of-way or private property; to assure that reasonable notice is provided to property owners.
Schweitzer stated additional work has been done over the last couple of weeks on desirable species in the vicinity of overhead lines. He stated in Kentwood
there are a number of streets where we still have utility lines overhead. He stated we are recommending as part of this policy that you use a more limited variety of trees that are not going to grow as high if they are going to be along roadways where you have overhead utilities still in place. He stated if you have stretches of street frontage where there aren?t overhead utilities there is a wider variety of trees that might grow larger at maturity. Schweitzer stated we are hoping this is a more comprehensive approach and it?s responsive to the desires expressed by the commission.
Chair Holtrop opened the public hearing.
There was no public comment.
Motion by Commissioner Sheldon, supported by Commissioner Artz,to close the public hearing.
- Motion Carried (6-0) ?
- Swanson, VanderHoff and Young absent -
Commissioner Sheldon?s concern is what a reasonable amount of time would be to notify property owners. Attorney Sluggett stated he wanted the city to have some degree of flexibility. He stated we still have an obligation to notify property owners but depending on the severity of the circumstances that the city is facing, it can be anywhere from 5 days to 15 days. Director Schweitzer stated the idea is, trees in the public right-of-way or infectious disease affecting somebody?s trees that has the potential of being more wide spread to give the city the authority to go in and remove that tree to isolate the threat.
Commissioner Sheldon asked if all the property owners who have an Ash Boer tree on their property have they been notified. Schweitzer stated there has been public outreach to let people know, but it hasn?t been a large participation response. He stated we haven?t gone through and notified everybody. He stated he thinks some people are finding out as the trees are starting to decline.
Commissioner Groce concern was the city has trimmed the trees and they butchered them and residents were trying to stop them. Schweitzer stated the guidelines are contained in the draft ordinance page 4 sub section Q trimming requirements. Schweitzer stated it states to maintain a minimum 10 foot clearance above the street pavement and a minimum 8 foot clearance above the sidewalk to allow for passage. Schweitzer stated part of the street tree regulation is that it doesn?t create an obstruction for city vehicles and also passenger vehicles that are traveling the streets.
Commissioner Yokom asked about the permit fees and if one wants to put something in the right-of-way, what is a reasonable fee and how long would the permit good for. Schweitzer stated as far as the fee structure that will be up to the city commission. Schweitzer stated how fees have been set up in the past is reflective of the amount of effort that is involved with it. Schweitzer stated the engineering office, has on the books if anybody does anything in the public-right-of-way, they have to get a permit from the their office. Shcweitzer stated this doesn?t happen very often and in the last 5- 6 years they haven?t issued one permit for someone to place a tree in the right-of-way. Schweitzer stated we want people to take out the permits so they are placed properly so the fee should be set at a low level so it doesn?t discourage people.
Commissioner Winczewski concern was the trees on Shaffer Avenue. Schweitzer stated the way Shaffer is now, if you have four lanes of pavement, you wouldn?t be able to put trees between the sidewalk and the curb. However, when Planner Golder talked about the Master Plan Shaffer was suggested to be restriped to three lanes and you put bike lanes along the side; this would make it possible to install trees at the juncture between the sidewalk and the curb.
Commissioner Winczewski concern was the easement rights of overheard power lines. Attorney Sluggett stated the city has a franchise that it grants to consumers and as part of that franchise they have the right to operate within the public right-of way of the city. Sluggett stated they to need to coordinate any work they are doing in the public-right-of-way even though they have a right to be there, it needs to be coordinated through the engineering department or department of public works department. Sluggett stated they get an easement as part of their franchise. Discussion ensued regarding easements.
Commissioner Winczewski stated he is still nervous about the proposal because it is tied to speed limits. He stated because speed limits aren?t in our control anymore and in the past we used to be able to say if we want trees here we can lower the speed limit. He stated he also noticed that with the comparisons he has seen, no other city mentioned street trees based on speed. He stated he would prefer not to have a speed limit tied to the setback distance of these trees or otherwise prohibit any obstacle within the right-of-way including fire hydrants and utility poles.
Director Schweitzer stated in devising an ordinance, community values and goals from the planning commission are strong; we are concerned about the appearance of the community. He stated the safety perspective offered by the police department also been recognized from the various departments and they found the speed limit to be the common ground to base the regulations.
Commissioner Winczewski stated he doesn?t want to endanger anybody but he also thinks that you can over regulate things and there is a certain amount of risk you have to live with. He stated he has asked in three meetings for data of how many people have died running into trees in Kentwood and he hasn?t seen it. Winczewski stated if it is zero he will not vote for this with speed limits.
Schweitzer questioned what alternative gauge would be desired. Schweitzer stated another way of looking at this would be according to the function of the street. He stated if it is a local street then you use the first level, if it is a collector street then you take the 2nd level and if it is an arterial street then the 3rd level. Winczewski stated that was in one of the proposals, one of the cities that was compared did something like that. Schweitzer stated we are trying to come up with frame work so that we may implement this and if we don?t use speed limits, then another would be street classification or perhaps the number of lanes on the street.
Winczewski questioned whether this ordinance would prohibit any trees along the boulevard. Schweitzer stated along 44th Street the boulevard is wide and the number of those trees are in the 20 foot wide sections. Schweitzer stated along Kalamazoo Avenue the boulevards aren?t that wide, therefore it would preclude putting trees down the middle of the boulevard on Kalamazoo. Winczewski stated this worries him because boulevards you can get very creative. Discussion ensued. Schweitzer stated we would look at a restrictive set of species of trees that would be allowable within the boulevard area and that would give some additional time to come up with a way to classify the street as far as what circumstance if you have to be 4 foot, 7 foot and 10 foot off the street. Winczewski stated he would dislike prohibiting trees in the boulevard.
Schweitzer stated this may be a time where the commission, if they are so inclined to take a step back and take a look at it and refine it a bit more.
Yokom stated he too would like to see how many incidents they have had with cars hitting trees in Kentwood.
Winczewski stated that maybe the speed limits are the wrong way to go about this. He suggested tree diameter, tree height, etc. Winczewski stated he would like for us to go back to the police department to see if there is another way to alleviate safety concerns, something other than speed limits because we can?t control speed limits.
Holtrop asked if this ordinance will address the saving of trees, the treatment you may offer to homeowners. Schweitzer stated if there are separate programs the city wants to consider in terms of allowing people to prevent or save trees, that is separate from what the ordinance will address.
Motion by Commissioner Winczewski, supported by Commissioner Groce, to table Case #10-09 ? Consideration of a Street Tree Regulatory Ordinance to the March 23, 2010 meeting with further communications with the police department concerning alternative ways to achieve the safety goals.
- Motion Carried (6-0) ?
- Swanson, VanderHoff and Young absent -
I. Work Session
Case #2-10 ? Quaker Steak & Lube - Special Land Use and Site Plan Review for a Drive-thru restaurant located at 4515 28th Street SE
Planner Golder introduced the request. She stated this is a reuse of an existing building at 4515 28th Street, formerly Damons. She stated it sits on 2 acres and has been vacant for 5 years. She stated adjacent to the east is the Roaring 20?s Plaza, Quality Inn to the north, and Lazy Boy to the west. She stated this is before the planning commission because it is a drive-up window. She asked the applicant for statistics as to how many cars will be at the restaurant within the peak hours and they indicated 7-8 cars. Golder stated the stacking that they show on their plan is plenty for that use and we don?t need any additional steps to be taken on the site plan and can easily be accommodated with the drive aisles.
Golder stated regarding the special land use standards the request meets the general standards. She stated there are also specific standards for drive thru facilities and one is that the principle and accessories have to be set back 50 feet from all the property lines. They don?t make it on west side and they have an application in to the zoning board of appeals.
Golder stated we are asking them to provide parking calculation on the site for the amount of greenspace. They have to meet the 15% greenspace for redevelopment project and provide the cross access easement that they have stated on the site plan and a copy of the easement or provide one for cross access.
Golder stated regarding the 28th Street sidewalk; it appears that the sidewalk is being proposed outside of the right-of way and we will need an easement for that. Golder stated she has questioned the applicant whether their site layout would change if the Menard?s project were to be resurrected. Golder stated the applicant indicated if something develops in the back they will make other arrangements for access, they understand it wont? be the same as proposed before it might be minor access and not the same plan.
Groce asked if all Quaker Steak and Lube?s have the same drive thru functions. Bill Mast stated they do have the same function that is unique to their restaurants and it is conditioned on the lease. Mast stated they feel it offers a convenience to their customers.
Artz asked if it is a franchise. Bill Mast stated it is a franchise.
Yokom asked if he knew how many people they plan to employ. Bill Mast stated he doesn?t but they do have concerns regarding parking issues, but it is the same footprint and they are using the same building as Damon?s. He stated the outdoor patio is not an additional patio, at one time it was enclosed they will just reopen it as a patio; it is the same seating and footprint as it was before.
Winczewski stated his main hope would be to reclaim some of the parking, it seems like it is a lot of parking. Golder stated we will see if they are over the requirements and what their needs seem to be. She stated if there is more parking they can put in some more greenspace and if they are not meeting the 15% then it would be required to do so. Winczewski stated he would like to see anything to improve traffic flow and make it look nicer.
Holtrop asked if customers will be able to exit accidentally around the west side of the building and would like to make sure there is signage to direct them out. Bill Mast stated they will not be able to exit on the west side it is all grass.
J. New Business
Motion by Commissioner Wincewski, supported by Commissioner Sheldon to set the public hearing date of May 25, 2010 for Case #3-10 Structures and Improvements Plan (SIP).
- Motion Carried (6-0) ?
- Swanson, VanderHoff and Young absent -
K. Other Business
1. Master Plan-Joint Discussion with City Commission
The Planning Commission was joined by the City Commission in the large conference room (Room 119) to take part in a presentation and discussion regarding the update of the Master Plan. Economic Development Planner Golder began by reviewing the work plan for the Master Plan Update noting the tasks that had been completed to date. She next went over a demographic overview of the City highlighting changes in relative housing values, vacancy rates and employment. She also noted some changes that have taken place in the City since the 2005 Master Plan Update. The next topic of discussion related to the resident surveys conducted during National Night Out as well as the survey of the Holland Home community. Golder noted that these citizen perspectives coupled with the feedback that was being gathered from stakeholder interviews needed to be taken into account as we review land use policies.
The balance of the discussion was devoted to the Proposed Master Plan Principles/Vision/Tasks that had been devised by the Planning Commission. Golder highlighted the principles that were carried over from the 2005 Update as well as the new principles that were under consideration. In many cases visions and tasks had been recently devised in an effort to illustrate the intent of the respective principles as well as provide a clearer path toward the implementation of the plan. Green and sustainable initiatives involving City open space and transportation corridors were stressed.
Golder stated that it was important to make sure that the Planning and City Commissions were in agreement on the direction that the plan update was moving. She then outlined the work that will be undertaken in the coming months. Schweitzer reminded the City Commission that recent changes in State Law provided local legislative bodies with the opportunity to play a greater role in the development of the Master Plan. He stressed the value of City Commission direction in the development of land use policies contained within the Master Plan text and future land use plan.
2. Commissioners? Comments
Commissioner Sheldon stated she will not be at the March meetings.
Commissioner Holtrop asked about the State of the City Address. Groce stated it will be March 10, 2010 at Carrabbas.
Commissioner Holtrop stated he has the updated list of the subcommittees and will bring it to the next meet
3. Staff?s Comments
Schweitzer spoke about the form based code committee work that is being pursued jointly with Wyoming and Gaines Township. Grand Valley Metro Council (GVMC) is drawing on foundation funding to hire the project consultant. Commissioner Yokom and City Commissioner Cummings are also taking part with planning and legislative representations from Gaines and Wyoming.
L. Adjournment
Motion by Commissioner supported by Commissioner to adjourn the meeting.
- Motion Carried (6-0) ?
- Swanson, VanderHoff and Young absent -
Meeting adjourned at 9:30
Respectfully submitted,
Don Yokom, Secretary
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