Kentwood Committees & Boards
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Minutes for 09/22/2009APPROVED MINUTES OF THE REGULAR MEETING
OF THE KENTWOOD PLANNING COMMISSION
SEPTEMBER 22, 2009, 7:30 P.M.
COMMISSION CHAMBERS
A. Chair Winczewski called the meeting to order at 7:30 p.m.
B. The Pledge of Allegiance was led by Commissioner VanderHoff.
C. Roll Call:
Members Present: Dan Holtrop, Laurie Sheldon, Ed Swanson, Frank Vander Hoff, Don Yokom, Johngerlyn Young and Chris Winczewski.
Members Absent: Betsy Artz (absent with notification) and Maurice Groce
Others Present: City Attorney Jeff Sluggett, Community Development Director Terry Schweitzer, Economic Development Planner Lisa Golder, Planner Joe Pung, Staff Secretary Monique Collier, the press and the applicants.
Motion by Commissioner Sheldon, supported by Commissioner Holtrop, to excuse Commissioners Artz and Groce from the meeting.
- Motion Carried (7-0) ?
- Artz and Groce absent -
D. Approval of the Minutes and Findings of Fact
Chair Winczewski stated that in Case #6-09 CBS Digital Billboard in the Findings of Fact for the site plan review to add basis point 7 Sections 13.08 A, E and G and 14.05 A, B and F of the Zoning Ordinance, which provides for denial where there will be an adverse impact on neighboring properties as determined by the Planning Commission and as established by the record.
Motion by Commissioner Sheldon, supported by Commissioner Swanson, to approve the Minutes of September 8, 2009 and the Findings of Fact as noted by Chair Winczewski for: : Case # 6-09 ? CBS Digital Billboard ? Special Land Use and Site Plan Review for a Dynamic Display Billboard located approximately 4250 Saladin Dr. West side of I96 North of the Forest Hill Avenue Overpass; Case #8-09 ? Wedgewood Christian Services Counseling Center ? Final Site Plan Review of a PUD Phase located at the southeast corner of 36th Street and Shaffer Avenue 3300 ? 36th Street SE with changes noted.
- Motion Carried (7-0) ?
- Artz and Groce absent -
E. Approval of the Agenda
Motion by Commissioner VanderHoff, supported by Commissioner Young, to approve the agenda for the September 22, 2009 meeting.
- Motion Carried (7-0) ?
- Artz and Groce 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#9-09 ? Fox Ford Mazda ? Special Land Use and Site Plan Review for an Open Air Business located at 3550 28th Street
Planner Golder introduced the request. She stated the site was a Pizza Hut restaurant; the restaurant will be demolished and cleared for additional open air car sales. She stated the parcel that Pizza Hut is on is .68 acres and when combined with the Fox Ford parcel will yield an overall site of approximately 16 acres. She stated joining the two sites will address the special land use provisions for lot area, lot width and lot coverage. Golder stated the circulation in the parking lot has been corrected. She stated one issue that still remains is removal of a curb cut. She stated staff is looking for a declaration of restrictive covenant which is being worked out with the city attorney, the applicant and the applicant?s attorney. She stated it will cover what happens when the Motel 6 is re-developed. She stated the other issue that will be addressed is that we maintain cross access between the two parcels. She stated she is recommending approval for special land use and site plan as stated in her memo date 9/17/09.
Chair Winczewski opened the public hearing.
There was no public comment.
Motion by Commissioner Swanson, supported by Commissioner Young, to close the public hearing.
- Motion Carried (7-0) ?
- Artz and Groce absent -
Commissioner Holtrop asked about the cross access. Golder stated we don?t know how that will work because we don?t know what or how the Motel 6 site may subsequently be redeveloped. She stated it is our hope to leave it open to require access in hopes that it will end up being ok with an adjacent parking lot. She stated the applicant would like for staff to say that the easement is going to be in the southeast corner of the parcel but she would rather leave it open.
Chair Winczewski asked about the easement. Golder stated Motel 6 has an easement across the Fox Ford property into their lot. Winczewski asked if there were any reason why we can?t close it now and have more space. Golder stated Motel 6 needs that to circulate around the building.
Discussion Ensued.
The Commissioners were ok with the plan.
Motion by Commissioner Holtrop, supported by Commissioner VanderHoff, to grant conditional approval of the Special Land Use Open Air Business car dealership as described in Case No. 9-09. Approval is conditioned on conditions 1-3 and basis points 1-4 in Golder?s memo dated 9-17-09.
- Motion Carried (7-0) ?
- Artz and Groce absent -
Motion by Commissioner Holtrop, supported by Commissioner VanderHoff, to grant conditional approval of the site plan dated September 10, 2009 for Fox Ford open air car dealership as described in Case No. 9-09. Approval is conditioned on conditions 1-3 and basis point 1 in Golder?s memo date 9/17/09.
- Motion Carried (7-0) ?
- Artz and Groce absent -
I. Work Session
Case #10-09 ? Consideration of a Street Tree Regulatory Ordinance.
Deputy Administrator Rich Houtteman was there to represent the request. He stated there is an Emerald Ash Boer problem in Kentwood and the city has begun taking trees down and will continue to do so over the next 18-24 months until there are no longer ash trees in the right-of-way of Kentwood streets. He stated Kentwood has about 1,700 trees in the right of way. He stated his recommendation was to have a street tree ordinance that contained all the parameters of placement, removal, pruning etc. He stated if an ordinance were put into place changes could occur more easily. He stated the rationale for street tree management was to develop a tool to make an argument for managing street trees and a method to do so.
Chair Winczewski asked if there is a precedent for an ordinance recognizing a policy. Schweitzer stated he investigated Grand Rapids Street Tree Ordinance and found it to be structured in this manner. Schweitzer stated staff is proposing this to become a regulatory ordinance because it has the effect of retroactivity. He stated anything in place has to be retroactively included. What is existing non conforming can continue to stay in that location.
Director Schweitzer stated staff would like perspective from the planning/city commission on the prospect of the trees; when you take the trees out do you replace them where they were planted or will they have to comply with the policy. Schweitzer stated the master plan addressees open space and green ways and if you go with the master plan regarding arterial streets it suggests that instead of having them within the parkway alongside the street edge you could group the trees periodically. Rather than have them all in a row have them grouped so you have space in between the grouping of trees along stretches of arterial roadways. Schweitzer stated this approach to making a regulatory ordinance and having it retroactive to the trees that are within the right of way now would be consistent with the Master Plan. He stated this is a good time to re-access the master plan and see if we want to go with the treeline streets or looking to move the trees behind the sidewalk and further remove from the street pavement. He stated the police department has spoken throughout the years regarding their concerns with having trees alongside the street pavement.
Chair Winczewski stated he sees inconsistency with our police department?s view of immovable objects in the proximity to streets, but our unwillingness to do the same for telephone poles. Winczewski stated if it is a safety issue that trees are next to the street then we should bury the power lines as well. He stated power poles are a safety issue as well as the tree. He stated the trees are a city benefit and a telephone pole is detrimental. Schweitzer stated new subdivision streets generally have all utilities underground. It is very costly yo bury utilities alon existing arterial corridors.
Discussion Ensued.
Chair Winczewski asked what if we didn?t have a policy and let the residents be responsible where the trees will be placed. Winczewski stated if we are going to put trees along the street will it be okay to leave it up to the current residents to be responsible. Schweitzer stated there are treatment methods for the Emerald Ash Boer that have to be done periodically that can be undertaken to get rid of the pest but it is costly and not yet guaranteed to save the Ash trees. Deputy Administrator Rich Houtteman stated what staff would like to do is give the opportunity for people to be able to treat a tree if they wish to it is called a No Cut Policy. Houtteman stated if your tree is not at least 50% dead and you do want to try treat it you can, however, once the tree is 50% dead the city has the right to take that tree and the property owner will have to split the cost of the removal. Houtteman stated staff is not trying to devastate a neighborhood and will try to take the worse ones and allow residents to treat them should they choose. Houtteman stated should the trees get over the tipping point they will be subject to removal. Houtteman stated we are preliminarily recommending having that property owner split the cost of removal if the treatment doesn?t work.
Discussion Ensued.
Commissioner Swanson asked about the neighborhood where there are no street trees; will they remain as they are and will there be no requirement to plant street trees? He stated he is concerned about the retroactive part. Schweitzer stated as we go forth with the policy it is staff?s desire to have the tree between the sidewalk and the curb.
Chair Winczewski stated he thinks it should be clearer on ownership and responsibility of the tree in the right of way. Schweitzer stated right now even though it is in the public right of way it is the responsibility of the homeowner to maintain the grass shovel the walk and prune the trees. Houtteman stated the city will come through and offer to take the tree initially at no cost to the property owner, if they choose to treat the tree they take more of an ownership.
Discussion Ensued.
Chair Winczewski stated what we need to find out is do we want to allow street trees in the right-of-way between the street and the sidewalk and then how they should be grouped. He stated we can take this into account when looking at new developments. He stated if the commission adopts the trees within the right of way stance how will this mesh with other organizations and their safety goals. Schweitzer stated staff took a look at immovable objects in proximity to street edge and attempted to develop a policy consistent with those standards. Schweitzer stated the policy that was adopted on a staff level makes it easy to establish street trees between the sidewalk and curb in a residential subdivision, anything above local street makes it difficult to have those to be placed between sidewalk and curb.
Discussion Ensued
Vice Chair Sheldon asked if there were any particular areas the police department is most concerned that the commissioners could take a look at. Schweitzer stated the traffic safety specialist has accumulated quite a bit of literature that supports the police department?s position and we can get the information for the public hearing. Sluggett stated he?d be inclined to between this meeting and the public hearing talk to Grand Rapids and see what their rationale was and see what they took a look at in terms of enforcement issues and other things that come to mind.
Discussion Ensued
Vice-Chair Sheldon asked how would we notice this since it will affect everyone. Schweitzer stated it will be posted in the newspaper.
Chair Winczewski stated it would be great to get some publicity. He stated he doesn?t think we are ready for a public hearing.
Discussion Ensued.
Chair Winczewski stated we are not ready for a public hearing and feels this is a master plan type of issue. He stated he would like to see some public involvement as much as we can get. He stated a good policy would be to get more of an ownership feel with residents who live behind these street trees to ask them what they want.
Discussion Ensued.
Houtteman stated the Mayor?s Office is working with MSU?s extension services to study the ash trees in the Forest Hills neighborhood. They are going to make recommendations for the species replacement and also learn about what our actions will be in the next two years.
J. New Business
There is no New Business
K. Other Business
1. Master Plan
Planner Pung discussed the land use map.
Planner Golder summarized the neighborhood surveys. She stated most people liked their neighborhood and thought it was safe. She stated some had concerns about rental units; too many and don?t want more. She stated they liked the diversity in Kentwood. Golder stated there were a few negatives things about the school but most people liked them. She stated they did have concerns about property maintenance.
CommissionerYokom asked about the property maintenance, how the process works, how will they be cited. Schweitzer stated staff gives them a notice, then gives them a chance to correct the violation, if they don?t correct then staff will vendor the property. Yokom stated he consistently sees violation and sees the city cars riding by and the police riding by and nothing seems to be getting done regarding the violations. Yokom stated we should start enforcing our codes. Schweitzer explained the City?s policy to respond to citizen complaints as well as proactively enforce the property maintenance codes.
Discussion ensued.
Planner Golder discussed the planning principle, what we want to see in the city. Golder stated the economy has changed so the businesses have changed, manufacturing changed, bus rapid transit has come about, sustainability less dependence on oil more bike paths.
Planner Golder asked commissioners what they want to see and what is their goal.
Planner Golder spoke about Open Space and Greenways. Winczewski stated the need for greenway networks and bike paths are greater. He stated we should tie in some transportation options but don?t have the density. He stated the greenway networks can enhance your density in certain areas. Golder asked would they consider a density trade off for open space. Winczewski stated he would be open it if it were useable open space, if it?s not swamp land. He stated if you can make a park out of it then he?d be willing to go twelve or sixteen units an acre, if there is a fifteen acre park.
Planner Golder stated developers have donated property to the city in the past but the city has been reconsidering the donations of land taking into consideration maintenance costs. Winczewski stated there was a nonprofit group in Grand Rapids that helps.
Golder asked if they would be willing to look at changes to allow more natural landscape.
Chair Winczewski stated the trails don?t always have to be bike paths; can we adopt a city policy that anytime city roads are updated that there is bike path included. He stated we should do tiny things such as putting up signs that say share the road. Schweitzer stated in 2011 we will be installing a bike path along an upgrade of Forest Hills and looking to connect with Ada, Cascade, Grand Rapids Township, which will be a staff initiated rather than a direction that has been laid out in the master plan.
Planner Golder stated she will gather some information and maybe have parks and recreation come and talk to the commissioners.
Discussion Ensued.
Traffic/Transportation/ Transit Networks
Golder stated are these principles that we still hold to and we should talk about street trees, roads and the concept of complete streets. Pung stated that the Federal and State level are requiring that complete street be taken into account whenever using federal or state money.
Discussion ensued regarding major arterial, greening arterials, the quadrant approach and transit corridor.
Commissioner Swanson stated the quadrant approach is a good idea but had concerns about implementation.
Chair Winczweski asked if we have thought about expanding the quadrant approach to some type of big round about where all of the traffic has been routed off of the main intersection and the intersection itself is some walking downtown area or some type of city center.
Swanson stated the only place he sees the quadrant approach working is between 44th and Breton.
Schweitzer suggested taking a closer look to find out what we want to accomplish. He stated from the discussion there aren?t very many examples to implement.
Golder stated the city has been in support of the transit corridors. Winczewski stated we should correlate this to the green networks and try to get the trails to the transit corridors and look at the zoning ordinance to increase our density that is allowed along the transit corridors that are identified.
Discussion ensued.
2. Commissioners? Comments
VanderHoff stated he will not be at the October 13, 2009 meeting.
3. Staff?s Comments
Schweitzer stated there has been a lot of discussion regarding the Charter High School and we will discuss it at the next meeting.
L. Adjournment
Motion by Commissioner VanderHoff, supported by Commissioner Sheldon, to adjourn the meeting.
- Motion Carried (7-0) ?
- Artz and Groce absent -
Meeting adjourned at 9:35p.m.
Respectfully submitted,
Don Yokom, Secretary
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