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Minutes for 09/12/2006APPROVED MINUTES OF THE REGULAR MEETING
OF THE KENTWOOD PLANNING COMMISSION
SEPTEMBER 12, 2006, 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 Itani.
C. Roll Call:
Members Present: Laurie Sheldon, Ray Poyner, Dan Holtrop, Abed Itani, Nancy McIntyre-Evenocheck, Ed Swanson, Frank VanderHoff, and Chris Winczewski.
Members Absent: Betsy Artz
Others Present: City Attorney Jeff Sluggett, Community Development Director Terry Schweitzer, Economic Development Planner Lisa Golder, Planner Joe Pung, Planner Debargha Sengupta, Staff Secretary Monique Collier, the press, the applicant and three citizens.
Motion by Commissioner Holtrop, supported by Vice-Chair Swanson, to excuse Commissioner Artz from the September 12, 2006 meeting.
- Motion Carried (8-0)-
- Commissioner Artz absent -
D. Approval of the Minutes of August 22, 2006 and Findings of Fact for: Case #22-06 - Sam?s Club Carwash Special Land Use and Site Plan Review located at 4326 28th Street
Chair McIntyre-Evenocheck made the following corrections to the minutes. On page 4 second to the last paragraph beginning with Bill Pipe the word approving should be reviewing. On page 10, the first paragraph, Commissioner Holtrop brought up Puddingstone; it should actually be Trinity Plaza. On page 11, the second paragraph third sentence; the paragraph beginning with ?composed? the word should be ?compared? instead of ?composed.?
Motion by Commissioner Holtrop, supported by Commissioner Poyner, to approve the Minutes of August 22, 2006 and the Findings of Fact for: Case #22-06 - Sam?s Club Carwash Special Land Use and Site Plan Review located at 4326 28th Street. With the noted corrections.
- Motion Carried (8-0) ?
- Commissioner Artz absent -
E. Approval of the Agenda
Motion by Commissioner Holtrop, supported by Commissioner VanderHoff, to approve the agenda for the September 12, 2006 meeting.
- Motion Carried (8-0) ?
- Commissioner Artz absent ?
F. Acknowledge visitors wishing to speak to non-agenda items.
There was no public comment.
G. Old Business
Case #23-06 - Heritage Pointe (East Paris Professional Complex) Final Site Plan of a PUD located on the South East corner of Burton and East Paris
Planner Sengupta introduced the request. He stated the concern at the work session was the access onto Burton Street. Planner Sengupta stated that he had a meeting with the Road Commission along with the City Engineer and representatives from Heritage Pointe. Planner Sengupta stated that at the meeting they agreed on a right in/right out drive and the applicant was in agreement with the geometrics. He stated that the right in/right out will access the parking to the front of the building only and not to the underground parking. The applicant has indicated that this should take care of traffic concerns and that is why they did not feel that a new dedicated right turn lane for northbound traffic on East Paris was warranted. Planner Sengupta stated that he went back and checked the traffic study on the project and the level of service was projected to be ?C? for a northbound East Paris traffic without a new right turn lane. Planner Sengupta stated that the south property that is mentioned in condition 2 of the recommendation is in reference to the property that is adjacent to this property and to the south.
Applicant Stalsonburg was present to represent the request. He thanked the commissioners on pursuing the right in/right out. He stated that the road commission worked with him very well and he thinks that it is a major improvement to the project.
Chair McIntyre-Evenocheck opened the public hearing.
Shawn Nicholson, 4074 Burton Street, stated that he is happy to see the right in/ right out. He stated that he has concerns with how close it is to the intersection. He stated that he thinks it is a great development but it is an over kill because it is 70,000 square feet on 4.9 acres.
Motion Commissioner Holtrop, supported by Commissioner Itani to close the public hearing.
- Motion Carried (8-0) ?
- Commissioner Artz absent
Commissioner VanderHoff, Commissioner Poyner and Commissioner Itani stated that they are in support of the project and happy to see the right in/ right out.
Secretary Winczewski stated that he is in support of the project and wanted to make sure that the landscaping plan still showed the trees along the east end.
Vice-Chair Swanson stated that he is happy to see everything worked out and it is a good plan that he is in support.
Commissioner Sheldon stated that she is in support of the project also.
Commissioner Holtrop stressed the importance of directional sign display within the site. He also asked whether there any changes regarding the center turn lane onto East Paris. Planner Sengupta stated that there are some informal discussions at the staff level concerning extending the center turn lane further south. He stated that Kentwood will have to work with the City of Grand Rapids in order to develop a strategy to extend the center turn lane.
Chair McIntyre-Evenocheck stated that she is glad to see the other access in there and wants to make sure there is good internal directional signage displayed.
Motion by Commissioner Poyner, supported by Commissioner VanderHoff, to grant conditional approval of the Final Site Plan for an Office Planned Unit Development for Heritage Pointe as described in Case #23-06 as per site plan dated July 5, 2006 and as revised on August 31, 2006 and in Planner Senguptas? memo dated 9/6/06. Approval is condition on conditions 1-8 and basis points 1-8.
- Motion Carried (8-0)-
- Commissioner Artz absent -
H. Public Hearing
Case #24-06 - CBS Partners Site Plan Review located at 2300 44th Street SE
Planner Pung stated that the applicant has requested tabling until September 26, 2006 in order to respond to the issues raised at the work session.
Chair McIntyre-Evenocheck opened the public hearing.
There was no public comment.
Motion by, Commissioner VanderHoff, supported by Commissioner Poyner to adjourn the public hearing to the September 26, 2006 meeting.
- Motion Carried (8-0)-
- Commissioner Artz absent -
Case #25-06 ? T-Mobile Special Land Use and Site Plan Review located at 5592 S. Division
Planner Golder noted that the applicant had requested to table action on this request in order to meet with the City to review the issues raised at the work session. Staff is meeting with the applicant and the City?s engineering consultant to talk about the possibility installing on the American Tower location in Wyoming. She stated that the outcome of the discussions will determine whether or not the or continue pursuit of the Special land Use request.
Chair McIntyre-Evenocheck opened the public hearing.
Todd Olson, 111 Nancy, stated that he and his neighbors are not in support of this project. He stated that one of the views is from his side yard on Nancy Street. He stated that he will be disappointed if this were installed in his neighborhood. He stated that none of his neighbors are for this project and he will have signed petitions if this does continue to go forward. He was also concerned about dropping property values in the area if the project were approved.
Motion by Commissioner Holtrop, supported by Commissioner Itani, to adjourn the public hearing to the September 26, 2006 meeting.
- Motion Carried (8-0)-
- Commissioner Artz absent -
Case # 26-06 ? Wildflower Creek Major Change to a PUD located at North side of 52nd Street across from Bailey?s Grove Drive
Planner Sengupta introduced the request. He stated that the applicant is asking to have a maximum of 40% of the homes to have garages to the side instead of to the back. Secondly, they also would like PUD deviations to allow them to have a 12 feet building separation. The third is to have a waiver to have a minimum first floor area of 520 feet for the two story homes. The fourth is allowing windows to have proportions other than twice their width. Planner Sengupta stated that the major issues that were raised at the work session were that the buildings would be closely spaced. He stated that the total number of homes would not change. He stated that the minimum finished living area for each of the homes will remain the same. The changes will allow the developer to have some diversity in the development that will include bigger backyards and smaller building footprints. Planner Sengupta stated that the recommendation is for approval to the City Commission with conditions 1-4 and basis points 1-5.
Rick Pulaski with Nederveld & Associates was present representing Wildflower Creek. He stated that the developer is committed to this development and doing it in a quality manner. He stated that these homes have no vinyl siding; the developer is going with hardy plank and cement board, which improves the look of the houses. He stated that they are concerned about the streetscape and they are setting their garages back so when they do have the instances with a front load garage it will be back away from the home and the streetscape will be preserved. He stated that the reason they are doing this is that they are getting interest on the model that is currently built and potential buyers are commenting that they would like to have a bigger backyard for their kids to play. Moving the garage closer to the front will accomplish that. He stated that the building separations will let them build bigger houses. He stated that the 520 square foot on a two-story home will look like a colonial style house and it will be two of the exact same footprint from the first to the second floor. He stated that the square windows on the side will be opposite of the garage for more privacy.
Chair McIntyre-Evenocheck opened the public hearing.
There was no public comment.
Motion by, Commissioner VanderHoff, supported by Commissioner Poyner to close the public hearing.
- Motion Carried (8-0)-
- Commissioner Artz absent -
Commissioner Holtrop, Commissioner Sheldon, Vice-Chair Swanson, Commissioner Itani and Commissioner VanderHoff were in favor of the project.
Secretary Winczewski stated that he appreciates the detail that was done on the garages and he thinks the project looks good.
Chair McIntyre-Evenocheck stated that she likes the plan and the architectural features of the garages make a significant difference in how a house looks.
Motion by Vice-Chair Swanson, supported by Commissioner Sheldon, to recommend to the City Commission conditional approval of the Major change to Wildflower Creek R-PUD-2 Low Density Residential Planned Unit Development as described in Case #26-06 Approval is conditioned on conditions 1-4 and basis points 1-5 in Planner Senguptas? memo dated September 6, 2006.
- Motion Carried (8-0)-
- Commissioner Artz absent -
Case #27-06 - Camp Bow Wow Special Land Use and Site Plan Review located at 4150 40th Street SE
Planner Golder introduced the request. She stated that Camp Bow Wow is a kennel for dogs daycare and/or boarding in the Industrial Zone. She stated that ordinance amendments to allow kennels in the industrial zones have now been approved by the City Commission. Planner Golder reviewed the issues that were discussed during the work session. She indicated that a statement clarifying the provisions of the kennel was submitted as recommended by the City Attorney. She stated that they reduced the size of the outdoor play area to 3,600square feet and put a solid fence around it instead of the chain link with slates and reduced the height of the fence from 10 feet to 8 feet.
Chair McIntyre-Evenocheck opened the public hearing.
Andy Young indicated he owns the adjacent site. He stated that he just built the building and will be moving in a week. He stated that it is an office building and the hours of operation are from 8am-6pm. He stated that he is concerned about a kennel next door to his business. He stated that he thinks it will devalue his property immediately. He stated that he will be able to hear the dogs outside his conference room windows. He stated that he has serious concerns with a kennel in an office park area where business is being done with dogs barking all day long. He stated that he has spent a lot of money on his project to have a dog kennel right next door. He stated this he has a food marketing company; he calls on Meijer, Spartan etc. and has many manufacturers come to town General Mills, Nestle, etc. to visit him. He does not want a kennel next to his business.
Motion by Commissioner Holtrop, supported by Commissioner Sheldon, to close the public hearing.
- Motion Carried (8-0) -
- Art absent -
David and Cindi Haynes stated that Camp Bow Wow is not a traditional kennel. Mrs. Haines stated that the dogs are not out past the hours of operation. It is an indoor/outdoor facility where the dogs remain indoors most of the time. She stated that they have indoor and outdoor play areas. They have 150 franchises located nationally. She stated that at no time has there ever been an issue with dogs barking. She stated that they employ one certified camp counselor per 15 dogs and they are directly supervised. She stated that they do not allow the barking at Camp Bow Wow. If they have a client that has dropped off a dog for daycare or over night boarding and the dog is a barker the dog will be not be able to be returned to the camp. She stated that they monitor that very closely. She stated that at all the Camp Bow Wow?s the dogs are generally with people, so being outside will not be an issue. They will not constantly be outside, they are just outside to relieve themselves and then they come back inside. She stated that they would be happy to provide other landlord testimonials.
Commissioner Poyner asked if it would be possible to provide to Andy Young with the testimonials from any other businesses that are located near other Camp Bow Wow?s. Mrs. Haines stated that they can. She stated that they are opening another camp Bow Wow out in Hudsonville and the neighbor there is a shared multi tenant who happens to be sharing with other tenants in the same building and it is a not an issue.
Commissioner Sheldon?s concern was the average time period the dogs spend out side. Mrs. Haines stated that they usually just to go out to relieve themselves. Mrs. Haines stated that the indoor play areas are connected to the outdoor play areas. She stated that the dogs will typically come to where the camp counselors are they like to interact with humans and they want to play with the other dogs and 90% of the time they are indoors. She stated that if it is an excessive barker they will ask the client not to bring the dog back to camp. She stated that they do not take all dogs they have to go through a certification process, they have to be spayed/neutered and appropriately socialized. If the dogs don?t meet the standards then they are not accepted into camp. If they have behavior issues they will let the client know that they can not return to camp until their behavior issues are rectified. Commissioner Sheldon asked if the inside of the building is sound proof. Mrs. Haines stated yes.
Commissioner Holtrop asked if there is a noise ordinance and how would it be applied in a situation like this. Attorney Sluggett stated that it would apply just as our barking dog ordinance would. Attorney Sluggett stated that it would become a question of a neighbor complaining and the city following up on it the same as any other enforcement.
Commissioner Holtrop asked how many dogs per cabin. Mrs. Haines stated that the only time the dogs would go into the cabin is if they are borders. She stated that they are set up for one dog, but if you have a family that has two dogs they have cabins that accommodate two. She stated that the only other time that the cabin would be used is if the dog needs time out then they will go inside the kennel.
Vice-Chair Swanson asked where the nearest franchise is located. Mrs. Haines stated that it is in Troy, MI. There is one in Hudsonville that isn?t open yet. Vice-Chair Swanson concern was the kind of neighbors they have. Mrs. Haines stated it was a stand-alone building in a mixed use industrial area. Vice-Chair Swanson stated that he is inclined to table this until the next meeting and give Andy Young an opportunity to visit the other sites and give the applicants time to meet with him and answer his questions.
Secretary Winczewski asked if it is in the franchise agreement regarding barking dogs. Mrs. Haines stated that this is part of their camp bow wow standards. Secretary Winczewski stated that he thinks that if it is within the time line that tabling this is good and it would ease the concern with the noise.
Craig Baker with First Companies stated that he is working with Camp Bow Wow. He stated that they want to work with the neighbors and if that is what they need to do they will do that. He stated that one of the ideas that they had was to flip the site make the parking on the east side and the building on the west side and it will allow them a little more green area and they can do some berming and additional plantings in there as well. He stated that he thinks that it is a good fit. Mr. Baker stated that they will flip the plans if it will allow some improvements on the site.
Commissioner Itani stated that he likes the option with switching the parking and the building around. Commissioner Itani?s concern was how many dogs will be out at the same time to relieve themselves. Mrs. Haines stated that it depends on the day, on average about 20 at one time. She stated that spring break will be the peak time. Commissioner Itani stated that he doesn?t think that noise will be an issue. Mrs. Haines stated that they plan to install pines trees. They want it to feel like you are coming up to a lodge, they plan to do a waterfall up front. She stated that it will be one of the state of the art Camp Bow Wow?s nationally. She stated that they have bought two properties here in west Michigan and plan to open 2-3 Camp Bow Wow?s. She stated that they feel that their service needs to be brought into the community. Mr. Haines stated that since the article has shown up in the Grand Rapids Press they have gotten more than 60 hits to their website with residents wondering when they are coming to the City of Kentwood. Mr. Haines stated that they are putting in features like a full fire suppression system into the building that are not required by ordinance. He stated that if there happens to be a fire at the facility they don?t have to wait for the fire department to come since the sprinkler system will activate and save all the pets.
Commissioner Itani stated that the commission still needs to worry about their neighbor. Chair McIntyre-Evenocheck stated that the commission needs to be able to say that the project is a good fit for the area under the special land use standards.
Commissioner Poyner stated that he likes the idea of tabling and changing the orientation of the property.
Commissioner VanderHoff stated that he understands Mr. Young?s concern about the noise. He stated that he thinks it is possible to work around this by flipping the building around and emphasizing that they add extra insulation on the east wall and some white pines to absorb noise. He stated that he would recommend tabling for a couple of weeks.
Chair McIntyre-Evenocheck stated that she agrees that flipping the site may be a part of the solution. She stated that she would be in favor of tabling so that the site can be flipped and that Mr. Young can get more information.
Motion by Commissioner Holtrop, supported by Commissioner VanderHoff, to table Case #27-06 to the September 26, 2006 meeting.
- Motion Carried (8-0)-
- Commissioner Artz absent -
I. Work Session
There were no work sessions
J. New Business
There is no new business
K. Other Business
1. Commissioners? Comments
Hotrop wanted to know the status for the final phase of Bailey?s Grove. Planner Golder stated that it has to get reapproved at the City Commission level. Commissioner Holtrop asked when they plan to get their sidewalks. Planner Golder stated that when the project went to the City Commission they required that he either build the sidewalk along 60th Street or submit a letter of credit. They provided the letter of credit. By the time the units are built and occupied there will be the sidewalks there. Director Schweitzer stated that the county parks department is still pursing the non motorized trail along 60th street frontage so the letter of credit for sidewalk provides a back up plan.
Vice-Chair Swanson stated that he noticed the city commission approved the rezoning along Division Ave. Director Schweitzer stated that the convenience store owners are withdrawing the pending zoning board application and reapplying for an alternative site plan and variances the October meeting. Director Schweitzer stated they have had conversations with the adjacent property owners and they are still discussing.
Vice-Chair Swanson briefly discussed the Luz committee meeting.
Chair McIntyre-Evenocheck stated that she would like staff to get a hold of the Java Cone owner to find out why the carwash seems to have limited hours.
Commissioner Itani talked about putting some sidewalks on 28th Street. Planner Pung stated that there is a follow up meeting. Amongst the agencies along the corridor to consider an application for federal funding for sidewalk improvements.
Commissioner Poyner stated that he believes the staff and planning commission pushed hard for the right in/right out for Heritage Pointe. He said thanks.
Commissioner VanderHoff stated that he will be out of town for the next meeting on September 26, 2006. Commissioner VanderHoff stated that at East Paris and 32nd he would not be in favor of high density residential.
2. Staff?s Comments
Attorney Sluggett reminded commissioners on the special land use to keep in mind that if they approve a special land use it is not the operator that they are approving. Any other business can come in and as long as they met the expressed conditions assigned to the use they have every right to operate. If there are going to be conditions imposed he encouraged them to focus on the conditions and not on the individual operating the use.
Planner Sengupta stated that next meeting they will discuss Section 13 and 34.
L. Adjournment
Motion by Commissioner Poyner, supported by Commissioner VanderHoff to adjourn the meeting.
- Motion Carried (8-0) ?
- Commissioner Artz absent -
Meeting adjourned at 8:40p.m.
Respectfully submitted,
Chris Winczewski, Secretary
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