Kentwood Committees & Boards
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Minutes for 05/27/2008APPROVED MINUTES OF THE REGULAR MEETING
OF THE KENTWOOD PLANNING COMMISSION
MAY 27, 2008, 7:30 P.M.
COMMISSION CHAMBERS
A. Chair McIntyre-Evenocheck called the meeting to order at 7:30 p.m.
B. The Pledge of Allegiance was led by Commissioner Holtrop.
C. Roll Call:
Members Present: Betsy Artz, Dan Holtrop, Abed Itani, Nancie McIntyre-Evenocheck, Laurie Sheldon, Frank Vander Hoff, Don Yokom, and Johngerlyn Young.
Members Absent: Chris Winczewski. ( absent with notification)
Others Present: City Attorney Cliff Bloem, Community Development Director Terry Schweitzer, Economic Development Planner Lisa Golder, Planner Joe Pung, Staff Secretary Monique Collier, the press, the applicants and two citizens.
Motion by Commissioner Vanderhoff, supported by Commissioner Holtrop to excuse Commissioner Winczewski from the meeting.
- Motion Carried (8-0) ?
- Winczewski absent -
D. Approval of the Minutes and Findings of Fact
Motion by Commissioner VanderHoff, supported by Commissioner Holtrop, to approve the Minutes of May 13, 2008 and the Findings of Fact for: Case #5-08 Fox Kia Hyundai ? Final Site Plan Review of a PUD Phase for a car dealership located at 4101 28th St. North side of 28th between East Paris & Patterson
- Motion Carried (8-0) ?
- Winczewski absent -
E. Approval of the Agenda
Motion by Commissioner VanderHoff, supported by Commissioner Young, to approve the agenda for the May 27, 2008 meeting.
- Motion Carried (8-0) ?
- Winczewski absent -
F. Acknowledge visitors wishing to speak to non-agenda items.
There was no public comment.
G. Old Business
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
Golder stated the applicant emailed her indicating they are still working on issues and would like to table to the June 10, 2008 meeting.
Motion by Commissioner Itani, supported by Commissioner VanderHoff, to table Menards to the June 10, 2008 meeting.
- Motion Carried (8-0) ?
- Winczewski absent -
H. Public Hearing
Case #6-08 DJ?s Lawn Service ? Major Site Plan Change for a Special Land Use contractor?s yard located at 4720 ? 52nd Street
Pung introduced the request. He stated they would like to replace an existing 30x30 salt storage shed with a new 40 x 66 canvas and steel salt storage enclosure. He stated the only issue from the work session was how the structure would look and the landscaping. He stated the applicant indicated they plan to replace any landscaping as needed. He stated he is recommending conditional approval of the site plan dated April 9, 2008 with conditions 1-5 and basis points 1-4.
Doug Stalsonburg, Exxel Engineering appeared representing DJ?s Lawn Service. He indicated DJ would like to expand the size of the structure. He stated the height will remain 24 feet.
Chair McIntyre-Evenocheck opened the public hearing.
One of the neighbors with concern was Nancy Demody, one of the property owners for Development Realty. She stated she is concerned because she doesn?t think it looks the way it should coming from the south on the East Beltline. She was concerned with the upkeep of the landscaping and also the possibility of contamination in the ground by the salt storage.
Motion by Commissioner VanderHoff, supported by Commissioner Itani, to close the public hearing.
- Motion Carried (8-0) ?
- Winczewski absent -
Commissioner Yokom stated he thinks they have done a nice job. He stated the storage building has been there for years and as long as the top is not coming apart and looks unattractive he is fine with the request. He stated maybe they can put some trees behind the structure for screening.
Commissioner VanderHoff stated he doesn?t have any problems approving the new structure. He stated it will be the same height just wider and longer. He stated he also agrees with planting some white pines to shield the building.
Secretary Sheldon suggested the applicant to do more landscaping to hide the building and expressed favor of the project.
Commissioner Holtrop asked what was the difference between the temporary and permanent structure. Director Schweitzer stated it was originally treated as temporary because it was a product that didn?t have a track record. Schweitzer stated we wanted to see how it weathered and then the applicant could determine at that point whether they wanted a more permanent structure. Schweitzer stated the applicant found that it can be very durable and they have a selected a structure that is larger and will maintain its look and durability for a longer period of time.
Commissioner Artz stated she drives by the site and she has always noticed how well maintained the property is. She stated they do a good job. She also wanted to know about the contamination to the site that was mentioned by adjacent property owner.
Doug Stalsonburg, Exxel Engineering, stated the salt is stored on the existing pavement and there is no direct contact with the sub soil. He stated the purpose of the enclosure is to keep the rain water off from the salt to keep it from draining off the site into the storm sewer system.
Commissioner Itani stated he is in favor.
Commissioner Young stated she is in favor of the request and feels there can be some creative landscaping done that will be pleasing to the eye.
Chair McIntyre-Evenocheck stated the use for the property is perfect. She stated she just wants to make sure the landscaping that has been dying does get replaced because it will help with screening. She stated she is in favor of the project.
Motion by Commissioner Young, supported by Commissioner Artz, to grant conditional approve of the site plan dated April 9, 2008 as described in Case #6-08 D.J. Lawn Service Major Change. Approval is conditioned on conditions 1-5 and basis points 1-4 as described in Pung?s memo dated 5/20/08
- Motion Carried (8-0) ?
- Winczewski absent -
I. Work Session
Case #7-08 Fox Ford Mazda- Special Land Use and Site Plan Review for an Open Air Business Vehicle Sales located at 3570 28th Street SE
Planner Golder introduced the request. She stated the site was the former Don Pablos Restaurant and it has now closed. She stated Fox Ford Mazda bought the property and are looking to do used car sales.
Planner Golder stated an evaluation of the general standards would suggest that it is appropriate for the area. She stated with the specific standards there are issues. She stated the minimum lot width is 200 feet and the parcel is 170 feet, therefore the applicant has made application to the zoning board of appeals. She stated that we are asking for Buffer Zone ?B? along the side and rear lot lines to enclose and screen the open air sales. She stated this is not being met since they don?t have enough area on the sides or the rear. They will be going to the zoning board of appeals for that relief as well as on the amount of landscaping that is required. Planner Golder stated the other features of the site plan include putting up a 2,700 square foot office for vehicle display. She stated there are 112 display spaces and 9 for customer parking planned. There is a requirement for the area for display of cars, that will require an additional 23 spaces for customer parking in addition to the 9 that are for the office. They will be going to the zoning board for that relief on the amount of customer parking.
She stated from a circulation standpoint staff is looking for some easements to make sure they have access. Golder also suggested taking out a few parking spots for better circulation within the site. She stated we need to see dumpsters along the site. She stated the applicant will be providing sidewalks along 28th Street.
Tom Rothwell, stated with respect to the lot coverage ratio, they are within 1,200 feet of what is required. He noted they are providing more landscaping than what Don Pablos had for lot coverage. He stated the parking issues they will meet their customers needs. He stated the 23 addition spaces based upon the ordinance is more than what they need so they will go to the zoning board to look for some relief. He stated as far as the dumpster they will not generate a lot of trash where they will need an exterior dumpster and would like to avoid that if possible. He stated the easements are in place if not they are willing to grant them.
Commissioner Young suggested taking out some additional parking for better circulation. Mr. Rothwell stated he understands the issue.
Commissioner Itani stated 28th Street is mostly restaurants and a car dealer in the middle of restaurants doesn?t seem too appealing. Itani?s concern was whether or not we need to have another car dealership on 28th Street. He stated he will probably vote against any ordinances changes and variances the applicant is requesting because he doesn?t think it is a good fit.
Secretary Sheldon stated she doesn?t think it is a good fit, but she would like to see the property being used instead of just sitting vacant.
Planner Golder told the commissioners to keep in mind that as a special land use it is permitted when it meets the criteria and whether they like it or not the criteria is in the ordinance.
Commissioner Yokom stated there were two restaurants that went in there and they failed. He stated he doesn?t see a problem with it being a used car lot as long as it looks good.
Chair McIntyre-Evenocheck stated she too has mixed concerns, but following the special land use general standards it is permitted. She stated her concern is Fox will eventually take over the other existing buildings that are in the front property too so the whole section between 28th and 29th will be one big car lot. She stated she agrees there should be some better circulation through the site. Mr. Rothwell stated better circulation is reasonable and they will work with staff to resolve the issues. McIntyre-Evenocheck stated she thinks they need some dumpsters.
Case #8-08 -Burton Street/ Patterson Ave. Mini Storage ? I-1 Light Industrial Conditional Zoning for a site currently zoned R1-C Single Family Residential located on the north side of Burton Street at Patterson Ave.
Planner Golder introduced the request. She stated the sire is overall nine acres in area and three acres is in Cascade Township. The site is currently zoned R1-C and master planned in Kentwood for Medium Density Residential/Office and Cascade Master Plans it as Office/Service. She stated in Kentwood the only place a mini storage would be permitted would be in an industrial zone, therefore they would have to ask for a rezoning.
The conditional rezoning they are offering is that this will only be used for mini storage and if that use went away then the zoning would revert back. She stated it is not consistent with the Master Plan and there are wetlands on the site. She stated the property could be used for uses in the current zoning and some of the things that are allowed in the master plan. She stated the things that were offered are not adequate for the parcel. She stated there is a building but we do not know the height and the proposal, didn?t mention the kind of building materials. She stated lacking that information they can go to the permitted height in the industrial use which is 45feet and she thinks it will be inappropriate. She stated they didn?t mention the kind of fencing and its height on the site plan. A landscape buffer of 50 feet but they didn?t mention where the trees are currently and whether the berm they speak of would take out the trees or leave them in. She stated she has discussed these issues with them and they are working on the conditions.
John Slagbloom, stated they would like a mini storage. He stated they had a meeting with the neighbors and all the neighbors were receptive to the plan. He stated they were concerned about berming and he is willing to put special fencing up in the areas to the north where it is wide open to the expressway as well as berm and put up pine trees. He stated he thinks it will help reduce some noise to those residents. He stated the self storage sites are: a low vehicle usage; they average about one car per hour; there will not be a lot of traffic; and it will blend in well in the residential area. He stated they have addressed most of Planner Golder?s concerns.
Commissioner Yokom asked about the barbwire on top of the fence. Mr. Slagboom stated it will be a six foot chain link fence with no barbwire. Yokom asked if this will be a place that you get in with a card 24/7. Mr. Slagboom stated this site will be computer accessed, everybody will have their own private codes and it will be open 24/7, but it is a very low usage. He stated depending on the size of the site they may put in a small office.
Commissioner VanderHoff stated if the conditions Planner Golder was concerned with are adequately addressed he would not have a problem with it.
Commissioner Holtop stated his concern is the view from the west. He stated he is glad they met with the neighbors. Holtrop asked if there was a house they acquired. Mr. Slagboom stated they haven?t, there is one that is in foreclosure, but they are looking at other avenues. Holtrop asked what Cascade?s thoughts are. Mr. Slgboom stated he has a meeting on Thursday with Steve Peterson at Cascade Township, they haven?t reviewed the request as of yet. Holtrop asked if conditional rezoning will automatically revert back to R1-C. Attorney Cliff Bloem stated the statue is not clear but thier office takes a position that you have to re-initiate a zoning back.
Commissioner Artz asked how many residents came to the meeting they held. Mr. Slagboom stated about six neighbors attended.
Commissioner Itani stated he is against this project, it is totally out of place. He stated he knows that it is difficult to develop and it is close to the freeway but he thinks this parcel can be developed as residential.
Commissioner Young asked what size the units will be. Mr. Slagboom stated they will be 5x10 small units and the largest will be a 10x20. He stated on this site they plan to build climate control, it will be heated and air conditioned.
Chair McIntyre-Evenocheck stated if they plan to have air conditioners then there is concern about the noise. She questioned whether they be roof top mounted. She stated she has concerns about the site and she knows it is a difficult area because it is close to the expressway. However there are many houses built next to expressways without concerns. She stated if Cascade Township hasn?t approved the request yet, she is hesitant to rezone this parcel and having this use at the proposed site. She stated it seems out of character for the neighborhood and thinks this is still a neighborhood that can be zoned as residential.
Director Schweitzer explained when there are projects before the Planning Commission that are for a special land use, the commissioners look at the project and approve or deny or approve with conditions. He stated this is different with a conditional zoning the applicant is making an offer of a set of conditions for the commissioners to consider and it?s a matter of the commissioners saying yes or no. Attorney Cliff Bloem stated they have to offer it and they have to offer it at there own free will. He stated the risk they run if they see the commissioners have certain desires in certain areas then they refuse to do, that they run the risk that the planning commission may recommend approval to the city commissioner or recommend denial, but it has to originate with the applicant.
Case #9-08 -East African Grocery Store ? Special Land Use Convenience Store and Site Plan Review located at 2975- 28th Street SE (northeast corner of 28th Street at Ridgemoor Dr.)
Planner Pung introduced the request. He stated the request is for a convenience store in the lover level 3,000 square feet of an existing 11,000 square foot building. He stated the overall site is nonconforming in regards to front yard (35 feet) landscaped setback and on-site parking: 44 spaces required, 36 provided. He stated the nonconformities are preexisting conditions and variances are not required in order to utilize the property for the proposed use. He stated the site plan shows on street parking along Ridgemoor Dr. For a number of years there appears to have been informal parking along Ridgemoor Dr and the property owner is currently working with City staff on how to address this issue. This will be going before the service committee in June to look at the ability to widen the pavement in the right of way to allow for parallel parking along Ridgemoor Dr.
Arne Larson, Driesenga and Associates, was there to represent the request. He stated there isn?t real accessible parking for the lower level, but there are a couple of spots in the front that are for the lower level. He stated they would like to put in a convenience store in they lower level. He stated they would also like to preserve some of the trees. He stated there are some grades issues and they don?t want the parking too close to the building otherwise it would bury their building. He stated they now have five spots that could be parallel parking spots, and they will have a barrier free parking spot.
Mr. Mohammed, the potential tenant for the building, stated the site was previously used as a Bosnia cafeteria.
Commissioner Yokom stated the parking is a concern to him.
Commissioner VanderHoff wanted more information on the East African Grocery Store. Mr. Mohammed stated it is food for everybody but focusing on food for people from his community who live in the Kentwood area, it will be mainly ethnic food. VanderHoff asked what kind of traffic is anticipated throughout the course of the day at one time. Mohammed stated weekdays two to three cars at a time and on the weekends hopefully five to seven cars at one time.
Secretary Sheldon asked about the signage on the property. Arne Larson stated they will work with the staff on the sign permit. Schweitzer stated they will be entitled to wall sign display.
Commissioner Itani?s concern was if the building was fully leased will it be problem with the parking. Pung stated it has been this way for awhile and it has been fully leased in the past and there haven?t been any complaints. He stated it is non-conforming and has been this way since its been built and it has been sufficient for the uses in the building.
Commissioner Young stated she is happy to see something is going on there.
Chair McIntyre-Evenocheck asked about shopping carts. Mr. Mohammed stated what he is planning on are the hand held basket shopping carts. McIntyre-Evenocheck summarized the concerns to be: signage; the carts; and parking.
Case #10-08 Assorted Zoning and Regulatory Ordinance Amendments
Director Schweitzer introduced the second installment of the zoning ordinance amendments. He stated the commissioners had concerns with the first installment of the zoning ordinance text amendments on the electronic message centers. Pung stated there were concerns with the brightness and he looked at the Grand Rapids regulations and mimicked what they stated. Pung stated the other issue was how much the sign could be used as a changeable message sign: Grand Rapids had 50%; and Delta Township had 60% of the sign could be used as a changeable message center. He stated he used the Delta Township 60% limitation.
Chair McIntyre-Evenocheck stated there was a letter submitted by Jim VanTol and he thinks a three second interval change is good, but she thinks five minutes is better. She stated she thinks these can be dangerous if people are paying too much attention to them.
Annual Report from the Planning Commission to the City Commission
The Michigan Planning Enabling Act amendments will go into effect on September 1, 2008 which call for the annual report from the Planning Commission to the City Commission.
Freestanding Off Street Parking
In industrial and commercial zones the ordinance is structured that parking is strictly an accessory use, therefore if you have a vacant piece of land you have to have a principle use on the property before you can establish parking. There are circumstances where it may be desirable to allow for parking as an effective free standing use, it may be an indefinite period of time or a transition towards eventual development of the property.
Open Air Vehicle Sales
There is a specific requirement that you put buffer yard b on the perimeter of the open air sales site. Staff would like to amend the ordinance so that it is not an expressed requirement but have it a consideration for all open air businesses to provide the planning commission with the discretion as part of the special land use review.
Planning Commission Service on Other Boards
Currently if someone wants to serve on two boards the ordinance will preclude having that dual service. Staff feels that having an individual that has some special skills to serve on both commission should be able to do so.
Commissioner Holtop stated in the portion of Schweitzer?s memo it would be clearer if it reads: shall hold no other City of Kentwood elected office nor serve as an employee of the City..
Update of State Law Reference Specifying Planning Commission Powers, Duties and Functions
Schweitzer stated the current ordinance refers to an outdated state statue and this would be an effort to reference the updated 2008 statue. He stated state statues take place September 1, 2008 and these amendments would suggest as it goes forward the effective date be September 2, 2008.
Wind Energy Systems
Pung stated staff had drafted regulations which would allows the wind energy systems as part of the conservation oriented development district. He stated looking at other communities such as Grand Rapids they opened it to all zoning districts. Pung stated instead of limiting it only to the conservation oriented development district, this ordinance amendment is drafted to allow them in all zoning districts. Practically speaking not every place will be able to have one, there will be setback restrictions, you will have to have a large piece of property in order to have a 30 or 60 foot high system. He stated they are also coming out with roof top systems that would be limited to no more than 15 feet above the height of the existing roofline which is the same restriction as tv antennas, chimneys and various other structures. Different zones you are required more.
Commissioner Holtrop stated some of his concerns relate to the structure height. Schweitzer stated now that the technology has improved and the designs have been introduced in residential and commercial setting they blend into the landscape.
Discussion ensued.
Schweitzer stated the intent is to have both sets of amendments to go to a public hearing June 10, 2008.
J. New Business
Schweitzer stated regarding Case #13-08 there was a city commission ordinance committee meeting that preceded and they recommended to the applicant of Cascade Winery to defer setting a date at this time.
Motion by Commissioner Holtrop, supported by Commissioner Itani, to set the public hearing date of June 24, 2008 for: Case #11-08 ? Heritage Pointe ? Rezoning from R1-C Single Family Residential to O-PUD Office Planned Unit Development and Final Site Plan Review of a PUD Phase located at Burton and East Paris; Case #12-08 ? Arie Nol ? Major Site Plan Change for a Special Land Use Major Repair Establishment located at 5189 Eastern Ave. SE; Case #14-08 ? MVP Sportsplex ? Final Site Plan Review of a PUD Phase located at 4035 Burton Street SE
- Motion Carried (8-0) ?
- Winczewski absent -
K. Other Business
1. Commissioners? Comments
Commissioner Yokom stated he is enjoying his time on the planning commission.
Chair McIntyre-Evenocheck stated Encore Motors are parking their cars on the grass next to the monopole sign that they have.
2. Staff?s Comments
There were no staff comments
L. Adjournment
Motion by Commissioner VanderHoff, supported by Commissioner Yokom, to adjourn the meeting.
- Motion Carried (8-0) ?
- Winczewski absent -
Meeting adjourned at 8:57 p.m.
Respectfully submitted,
Laurie Sheldon, Secretary
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