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Minutes for 09/13/2005APPROVED MINUTES OF THE REGULAR MEETING
OF THE KENTWOOD PLANNING COMMISSION
SEPTEMBER 13, 2005, 7:30 P.M.
COMMISSION CHAMBERS
A. Chair Bohn called the meeting to order at 7:30 p.m.
B. The Pledge of Allegiance was led by Commissioner Gray.
C. Roll Call:
Members Present: Betsy Artz, Maggie Bohn, Todd Gray, Dan Holtrop, Abed Itani, Nancy McIntyre-Evenocheck, Ed Swanson, and Frank Vander Hoff (with notification, arrived at 8:00pm)
Members Absent: Chris Winczewski. (with notification)
Others Present: City Attorney Jeff Sluggett, Community Development Director Terry Schweitzer, Economic Development Planner Lisa Golder, Planner Joe Pung, Planner Debargha Sengupta, the press and the applicants.
Motion by McIntyre-Evenocheck, Supported by Swanson, to excuse Winczewski.
-Motion Carried (7-0)-
Winczewski and Vander Hoff absent
D. Approval of the Minutes and Findings of Fact
Motion by Swanson, supported by Artz, to approve the Minutes of August 23, 2005, and the Findings of Fact for: Case #28-05 CBS Partnership Rezoning of 28,380 square feet from C-4 Office to C-2 Community Commercial, located at 2300-44th Street; Case#29-05 Woodbury Commons Phase II, Preliminary Plat Approval and Final Site Plan Review of a R1-C Single Family Residential Development, located on Torrington Drive extended south of 44th Street and west of Middlebury Drive.
- Motion Carried (7-0) ?
Winczewski and Vander Hoff absent
E. Approval of the Agenda
Motion by Swanson, supported by McIntyre-Evenocheck, to approve the agenda for the September 13, 2005, meeting.
- Motion Carried (7-0) ?
Winczewski and Vander Hoff absent
F. Acknowledge visitors wishing to speak to non-agenda items.
There was no public comment.
G. Old Business
Case#30-05 Republic Bank, Site Plan Review and Special Land Use-Financial Institution, located at the northeast corner of Embassy Drive and East Paris Avenue
Sengupta introduced the Republic Bank project indicating that it is part of a larger four lot development. A lot split and combination will be required for the overall development but it does not require platting. The plan does not call for the retention of trees however Sengupta noted that any tree retention would be credited in the final landscape plan. During the work session it was questioned whether the overall development should be a PUD. The traffic report requested at the work session indicated that traffic associated for the overall development will not be a problem for the traffic flow on surrounding streets. While the traffic report did not address the elimination of the right turn exit only driveway closest to Embassy Drive, Sengupta reviewed the staff position in opposition to this drive. Sengupta indicated that the applicant has agreed to shared parking and cross access arrangements and the elimination of the right turn exit only driveway as a condition of approval. Sengupta went through the recommendations for both the SLU and site plan.
Steve Witte, Nederveld Engineering, was present to represent the applicants, Phil Stenger and Dave Veen, Republic Bank. Witte indicated that the site will have access onto Embassy Drive as well as onto East Paris Avenue directly across from Peninsular Drive. Building elevations were made available described as an attractive brick and stone building. Witte expressed the applicant?s agreement with the proposed conditions of approval.
Chair Bohn re-opened the public hearing that had been adjourned on August 23, 2005.
There was no public comment.
Motion by McIntyre-Evenocheck, supported by Swanson, to close the public hearing.
-Motion Carried (7-0) ?
Winczewski and Vander Hoff absent
Itani inquired about the access points noted in the traffic analysis. After receiving a clarification from Witte, Itani questioned left turns from Embassy onto East Paris Avenue out without a traffic signal.
Sengupta responded that it was not the best access, but should work, according to traffic study.
Holtrop encouraged the applicant to retain as much of the existing vegetation as possible. He also noted that Embassy Drive at East Paris Avenue should be striped to better delineate the left turn lane for traffic lining up for southbound East Paris Avenue.
In response to Swanson?s inquiry, Witte indicated that they plan to build the access onto East Paris Avenue across from Peninsular Drive as part of the first phase development. He also noted that the traffic report indicated that there will be natural gaps on East Paris Avenue to accommodate southbound turns out of Embassy Drive.
McIntyre-Evenocheck, Gray and Bohn had no additional comments.
Motion by McIntyre-Evenocheck, supported by Gray, to grant conditional approval of the Special Land Use freestanding financial institution for Republic Bank, as described in Case #30-05. Approval is conditioned upon conditions 1and 2 and basis points 1-6 in Sengupta memo dated 9/6/05.
-Motion Carried (7-0) ?
Winczewski and Vander Hoff absent
Motion by McIntyre-Evenocheck, supported by Gray, to grant conditional approval of the site plan dated July 18, 2005 for Republic Bank, as described in Case #30-05. Approval is conditioned upon conditions 1-8 and basis points 1-8 in Sengupta memo dated 9/6/05.
--Motion Carried (7-0) ?
Winczewski and Vander Hoff absent
H. Public Hearing
Case #31-05 52nd Street Auto Spa, Site Plan Review and Special Land Use ? Vehicle Wash and Drive-up Service Establishment, located on the South side of 52nd Street, approximately 520 feet East of Eastern Avenue (900-52nd Street)
Vander Hoff arrived at 8:00pm
Golder reviewed the details of the case. She noted that the project description states that the drying will take place within the building. No more than ten stacked cars during peak season. The ice-cream stand is both walk-up and drive through; both uses can be a principle use individually and staff has interpreted the proposed use as ?principle use collectively?. Golder went over the circulation for the development. Parking spaces on site and offsite; proof of parking easement is a recommended condition. Access to the driveways is available. Application has been filed with the ZBA for a reduction in rear yard setback (because of flipping the buildings). Golder briefly went through the special land use standards relative to the noise condition. The doors to the car wash would be closed except when the cars enter, would cut down on the noise..
Golder went over her conditional recommendations for Special Land Use and Site Plan Review.
Mike Houseman, Houseman Construction, Jim Vanden Berge, architect, and Chris Hennessey, applicant, were present.
Houseman indicated that flipping the buildings improved the layout. He also noted that t the revised layout provides a greater separation of the drive openings from the 52nd Street right-of-way. He indicated that the applicants agreed with all the proposed conditions. He also indicated that the engineer?s recommendations would be met.
McIntyre-Evenocheck questioned whether the windows are real or just decorative to which Houseman indicated that they were real. She also commented that the proposed chain gate on the southeast portion of the site would not be attractive.
Houseman indicated that they can put in something more attractive, perhaps a steel gate since the need to exit will be infrequent.
Swanson commented that heating the exit is a good idea and suggested moving the car wash menu board to allow cars to stack-up while they examine the menu.
Houseman said it could be done
Artz inquired about the location of the vacuums and about garbage disposal.
Houseman indicated that the vacuums will be north of the car wash as a security consideration raised by the police department. There would be 2-50 gallon garbage containers that would be serviced daily, one each for ice-cream stand and carwash. The dumpster would be shared by the two uses.
Chair Bohn opened the public hearing.
There was no public comment.
Motion by Swanson, supported by McIntyre-Evenocheck, to close the public hearing.
-Motion Carried (8-0) ?
Winczewski absent
Motion by Holtrop, supported by Vander Hoff , to grant conditional approval of the special land use vehicle wash establishment and drive through service establishment for the 52nd Street Auto Spa as described in case #31-05. Approval is conditioned upon conditions 1-5 and basis points 1-7 in Golder memo dated 9/7/05.
-Motion Carried (8-0) ?
Winczewski absent
Motion by Holtrop, supported by Artz , to grant conditional approval of the site plan dated September 6, 2005 for the 52nd Street Auto Spa as described in case #31-05. Approval is conditioned upon conditions 1-6 and basis points 1-4 in Golder memo dated 9/7/05.
-Motion Carried (8-0) ?
Winczewski absent
I. Work Session
Case #32-05 East Paris Professional Complex, Rezoning of 4.92 acres from R1-C Single Family Residential to OPUD Office Planned Unit Development, located on the Southeast side of Burton Street and East Paris Avenue
Sengupta introduced the request involving 70,000 square foot of building on a 4.92 acre site. Six parcels were being aggregated to make this request. He noted that the city has authority under the PUD zoning to consider a deviation from the 5 acre minimum site requirement. The project had been initially reviewed by the LUZ committee as a CPUD zoning prospect. Given the mixed use office/medium density residential master plan designation for the East Paris frontage south of Burton, the committee suggested that the applicant contact the owner of the 11 acre area immediately to the south about a joint request. Staff made the contact and learned that there was no immediate interest but that there was a long term expectation of office use. Staff then contacted the applicant?s representatives and suggested that an OPUD zoning may be most effective to incorporate features that would be consistent with residential components of the master plan recommendation. Sengupta stated that some of the basic components of the OPUD zoning request had not yet been submitted. He highlighted some of the site design features of the PUD plan and noted that during the staff review meeting on September 12 that the applicant?s representative questioned whether a C-4 Office zoning may be feasible. Lastly, he indicated that it would be desirable to have a better idea of the wetlands on the property to the south in order to assess the compatibility of the proposed plan with the master plan recommendation.
Rob Berends, Exxel Engineering, represented the applicant. He reviewed an aerial photo of the site relating it to the surrounding area. He noted the master plan recommendation while noting extenuating topographical features including wetlands on site and off as well as the 14-18 foot drop in grade from East Paris Avenue eastward. He felt that the concept plan devised by staff may be flawed due to suspected wetland area on the 11 acre property immediately to the south. He concluded that the plan under consideration met the intent of the OPUD zoning provisions. Berends noted that 20 percent of the parking would be under the building and the executive summary of the traffic study (just released the day of this meeting) suggested that the proposed drive location onto East Paris was acceptable provided there were some minor timing changes instituted at the Burton/East Paris intersection. He indicated that his clients were willing to consider the pedestrian amenities suggested by Sengupta. Berends went on to detail the footprint of the building where breaks in the fa?ade were being planned. Berends stated that C-4 Office zoning did not allow for the 50 foot building height they are planning. The southern third of the building is intended for a medical tenant, the northern third for professional office while the middle third is still open.
Swanson stated that he liked the concept plan presented by Sengupta that portrayed master planning with the property immediately to south including sharing the main access drive. However, he questioned whether this concept could be modified and incorporated into this plan given the apparent wetlands limitations on the property immediately to the south. Berends acknowledged the benefit of moving the access further away from the intersection.
Golder recounted her discussion with the property owner to the south concerning the expectation that she would sell rather than develop the property. The property owner expressed an opinion that the property would carry more value if it were all developed as office rather than the master plan recommendation of mixed use medium density residential/office.
Artz stated that she felt the proposed buildings were attractive and she desired to see the pedestrian amenities suggested by Sengupta incorporated into the plan.
Holtrop indicated that the parking under the building was a good feature. However, he felt that it would be more desirable to have the site access further removed from the East Paris/Burton intersection. He also supported the incorporation of pedestrian amenities suggested by Sengupta.
Itani stressed that a primary safety consideration was the left turn conflicts associated with motorists entering this site from the north competing with motorists approaching the East Paris/Burton intersection from the south and wishing to turn to the west. He stated that it was desirable to share access and otherwise interconnect with the property to the south. The traffic study would be valuable in assessing the anticipated left turn conflicts.
Berends reiterated that they had just received the traffic analysis the day of the meeting and that it would be distributed to allow staff and the planning commission the opportunity to review the analysis and recommendations.
Itani expressed a desire to have the proposed parking setback at least uniform with that otherwise along East Paris.
McIntyre-Evenocheck indicated that she did not see any benefit to the city associated with the proposed design of this OPUD request. She felt the concepts and recommendations provided by Sengupta contained features that would approach a plan that was responsive to the PUD standards and beneficial to the city.
Gray felt the elevations portrayed an attractive building and he liked the provision of parking under the building. However, he felt access into the site would be more desirable if it were moved further to the south at least to the common lot line. He questioned the compatibility of all office use of this site with the master plan recommendation for mixed use office/medium density residential especially if there are not even any residential features incorporated into the site design.
Vander Hoff expressed general agreement with the comments offered by his fellow commissioners. Bohn questioned the desirability of the view for the resident immediately to the east relative to the proposed building. She agreed that the drive access should be located further to the south. She expressed agreement with Gray?s question on the master plan mixed use recommendation and stressed the importance of understanding the extent and location of wetland on the property to the south.
Swanson commented on the importance of knowing the proposed relative grade along the east line of the site. Berends indicated that the grading plan is not yet devised.
Case #33-05 GR Cars by Owner, Site Plan Review and Special Land Use ? Open Air Business ? Vehicle Sales, located at 5990 S. Division Avenue
Pung introduced the request noting the desirability of placing a fence along the east line of the site common to the city?s pump station property to dissuade motorists from cutting through the site to avoid the traffic light. He described the recent improvements to the site including an upgrade to the building fa?ade. The site has been previously utilized as an open air sales site for motor homes which accounts, to some extent, for the paved setback along Division Avenue. Pung noted that the existing southernmost drive into the site can only be retained if the applicant seeks and secures a variance from the zoning board of appeals. The applicant currently has approval to operate a short term open air sales on this site.
Troy Austin, applicant, and Phil Roberts, property owner, were present. Austin indicated that they would not allow any inoperable vehicles on the site. In response to Vander Hoff?s question Austin indicated that the business would operate only on Saturday form 8:00 am to 3:00 pm. The site would be otherwise unmanned except for the computer sales use that shares the office building.
McIntyre-Evenocheck asked if they considered themselves to be a broker. Austin indicated they were not as they were not handling titles. McIntyre-Evenocheck asked if they were required to have a dealer?s license. She stated dealer?s have criteria they have to meet such as $10,000 Surety Bonds, Fleet insurance, etc. as well as tougher requirements of PA Act 495 effective beginning in January of 2006. She felt this operation was ?unfair? competition to Dealers in the area that have to follow the State of Michigan laws. She asked staff to check with the State of Michigan Secretary of State with regards to this type of operation. Austin stated there were other operations like this, one located in Wyoming. She also informed Austin the signs they have around the city that are placed in the public right-of-way can be removed by the city and they are not allowed to have off premise signs.
Swanson suggested that the garage in disrepair be removed from the site. He also suggested that it may be more desirable to replace the Division Avenue drive closest to the 60th Street/Division intersection with a new drive onto 60th Street. He also stressed the need for an upgraded landscape plan for the site and the unattractive nature of the existing sign display.
The rest of the commissioners noted the unique nature of the business and the need to reconcile it with state licensing.
Case #34-05 Woodhaven Condominiums, Major Change to an Approved Site Plan, located on the East side of Walma Avenue, South of 44th Street
Golder introduced the project. She noted that last year that Bill Bussey had secured approval of a PUD zoning and preliminary site development plan for this site. The proposed plan represents changes from that plan sufficient to qualify as a major change. The changes were summarized as follow:
1. All streets in the development were to be public in the preliminary plan while under the new plan only Wildflower Lane will be public ;
2. The new plan calls for sidewalks on one side of the private streets whereas sidewalk was going to be on both sides of all streets on the old plan;
3. The closest building to the Justice Center is now proposed to be 100 feet away as opposed to 60 feet before. This greater separation should be more responsive to the prospective noise issue the police department previously raised.
4. Only 98 units are proposed compared to the 100 that were originally approved.
Golder went on to review the staff review discussion regarding traffic calming along Wildflower Lane. She also reviewed how wetland mitigations would be done and how the wooded areas would be retained. She pointed out that they may be seeking a deviation on the perimeter setback. Golder pointed out that Walma is now scheduled to be improved around 2010-11.
Rob Berends and Aaron Jonker were present. Berends explained the reasons for the changes and the loss of units in terms of the process of obtaining DEQ permits and the resulting need to mitigate. He pointed out that the darker areas on the site plan show where trees would be preserved. The housing units located along the private streets measure setback from the pavement edge.This site plan also allows them to pull the buildings further away from Walma. Sidewalk is planned on both sides of Wildflower Lane and only on one side of the private streets. Berends indicated that they do not want to put in a sacrificial sidewalk along Walma since it?s not up to grade yet. Wetlands in the right-of-way cannot be impacted without reapplying to DEQ. They would prefer to set aside the money for the sidewalk with the City putting them in when Walma is built to its final grade.
Swanson suggested that a full fledged sidewalk is not required. He felt a crushed stone sidewalk would be a desirable interim measure for pedestrians until Walma is brought to final grade. He otherwise felt they had done a great job with the site plan. He expressed appreciation that 33 of the 98 units would have the garages flush with the house.
Discussion ensued concerning the location of sidewalk within the Walma right-of-way, the consideration of deferring the installation of Walma sidewalk and the consideration of traffic calming measures along Wildflower Lane. Berends indicated that as long as a new DEQ permit is not required, it would not be problem to put in a temporary sidewalk along Walma.
J. New Business
Motion by McIntyre-Evenocheck, supported by Vander Hoff, to set the public hearing date of October 11, 2005, for: Case #35-05 Breton Woods North-Phase II ?In the Woods?, Final Site Plan Review and PUD Phase ?Approval, located on the south side of Pfeiffer Woods Drive approximately ? mile west of Shaffer Avenue
--Motion Carried (8-0) ?
Winczewski absent
K. Other Business
1. Commissioners? Comments
McIntyre-Evenocheck expressed condolences to City Commissioner Frank Cummings on the recent passing of his father.
McIntyre-Evenocheck inquired about the status of the installation of sidewalk on 60th
Street, west of East Paris Avenue. Schweitzer indicated that he would check with Kent County.
Swanson requested that the engineering department provide the planning commission with presentation on their perspective on traffic calming in Kentwood. Schweitzer indicated that will be explored but cautioned that it may not happen in the next couple of meetings. He indicated that discussion on street trees is ongoing. Traffic calming can be discussed at the same time.
Swanson inquired about the status of the Kalamazoo Avenue study. Schweitzer stated that an RFP had been distributed and several of the responding firms were scheduled to be interviewed on September 21. The city, the Kent County Road Commission and Metro Council are working together. By late September/October we will have a consultant working on the study which will take into account design, land use, safety and aesthetics. An Environmental Assessment is required in order to utilize the state and federal monies scheduled for this project. Monies for the stretch between 60th Street and 52nd Street are scheduled for 2008, although we are hoping to move it up to 2007, and get reimbursed later. There are also have monies allotted for the upgrade of the intersection of 52nd and Kalamazoo, that can be tied to this project. So the study is timely.
Swanson commented that the sidewalk in front of the former Kentwood Village Mall is in bad shape. People in wheelchairs are having problems.
Golder indicated that the next LUZ meeting is scheduled for next regular meeting starting 6:30 pm. A hotel is looking at the triangular shaped area bounded by Patterson, Broadmoor and 52nd Street
L. Adjournment
Motion by Holtrop, supported by Artz, to adjourn the meeting.
- Motion Carried (8-0) ?
- Winczewski absent
Meeting adjourned at 9:30pm
Respectfully submitted,
Nancie McIntyre-Evenocheck
Secretary
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