Kentwood Committees & Boards
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Minutes for 10/23/2007APPROVED MINUTES OF THE REGULAR MEETING
OF THE KENTWOOD PLANNING COMMISSION
OCTOBER 23, 2007, 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 Swanson.
C. Roll Call:
Members Present: Laurie Sheldon, Dan Holtrop, Abed Itani, Nancy McIntyre-Evenocheck, Ed Swanson, Frank Vander Hoff, and Chris Winczewski.
Members Absent: Betsy Artz and Johngerlyn Young
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, five citizens and the applicants.
Motion by Commissioner VanderHoff, supported Commissioner Itani, to excuse Artz and Young from the meeting.
- Motion Carried (7-0) ?
- Artz and Young absent -
D. Approval of the Minutes of October 9, 2007.
Motion by Commissioner Swanson, supported by Commissioner Itani, to approve the Minutes of October 9, 2007.
- Motion Carried (7-0) ?
- Artz and Young absent -
E. Approval of the Agenda
Motion by Commissioner VanderHoff, supported by Commissioner Itani to approve the agenda for the October 23, 2007 meeting.
- Motion Carried (7-0) ?
- Artz and Young absent -
F. Acknowledge visitors wishing to speak to non-agenda items.
G. Old Business
Case #5-07 Broadmoor Center ? Site Plan Review for Shopping Center located at 3450 & 3460 28th Street SE Kentwood.
Case #6-07 Broadmoor Center ? Special Land Use for a Parking Facility in a Floodplain located at 3450 & 3460 28th Street SE Kentwood.
Planner Golder introduced the request. She stated this is a special land use because part of the building and parking lot is in the floodplain. She stated the DEQ has jurisdiction over the floodplain and they are requiring a fill permit. When that happens the city engineer would submit a revision floodplain map based on fill which will change the boundary of the floodplain. Golder stated the city engineer is also asking that the storage for floodplain be replaced and the applicant has done that. She stated there are still three buildings and two parcels and one of the issues raised at the work session was that the parcels lines weren?t spaced adequately from the building. They have corrected that and it now meets the setback requirements. She stated another change was the buildings have been enlarged by about 300 square feet. She stated there is still an issue regarding ownership. Several of the parcels are owned by trust and families. The triangular piece of property does not meet the ordinance requirement but they are looking for easements to all the other properties to make it work. She stated another thing staff wants to see was sidewalk provided across 28th Street to the corner. She stated she would like to add to the condition of approval that the sidewalk be installed before an occupancy permit is issued for the first building in order to assure it is done in a timely manner. Golder stated she is recommending conditional approval of the special land use. The recommended conditions include permitting from the DEQ and replacement of the floodway storage. Golder stated the two existing parcels shall be combined or shall be combined and split to meet zoning ordinance requirements for lot dimension and setback. The applicant must either a) provide a formal cross access easement to the property to the east (Mattress World) as is currently provided; or b) seek approval from the property owner to the east to provide one curb cut on the common lot line serving both properties. The access easement described in option a) shall be reviewed and approved by the City. If option b) is chosen, the applicant must provide recorded access easements between the properties, as well as finance the construction of the driveway. The access easement must be approved by the City. In addition the applicant must secure approval of the location and design of the 28th Street curb cut from the Michigan Department of Transportation.
Bob Petko, Landscape Architect with Progressive AE represented the applicant. He stated regarding item 2 they propose to expand the cross access to Mattress World to 24 feet wide to coincide with the parking. He stated they will pursue the option to provide a formal cross access easement to the property line. He stated they have had discussion with the Department of Transportation and are in the process of formalizing those through a commercial driveway permit through MDOT and the Kent County Road Commission. He stated MDOT has directed them to close one drive. Mr. Petkco stated some the things that need to be worked out yet are the deceleration lane that may occur across the front. He stated they have agreed to provide a cross access agreement to Eastern Floral. He stated right now it is not a defined access but it is an access between the two properties between Broadmoor and 28th Street, both Eastern Floral and Ben Realty are satisfied with the agreement. He stated the proposed condition that gives them cause for concern is access to the triangular piece on the corner. He stated it isn?t clear if there is an access easement to the triangular piece and their concern is that is property isn?t under their control. He stated giving a cross access to a piece of property that is an illegal piece will not be in his best interest. He stated they are bound on the two sides by their property and the other being MDOT right of way. They have no interest in the property and don?t see any value in putting an access easement to that property, it is not a buildable piece. He stated they ask that portion to be stricken. They will continue to have a cross access easement with Eastern Floral.
Chair McIntyre-Evenocheck opened the public Hearing.
There was no public comment.
Motion by Commissioner Itani, supported by Commissioner Swanson, to close the public hearing.
- Motion Carried (7-0)
- Artz and Young absent-
Commissioner Swanson questioned who owns the triangular piece of property. Mr. Petko stated it is the VanHouter Family Trust. Mr. Petko stated the family owns the entire property but Mr. Muller has a 100 year lease. Swanson asked who will landscape. Mr. Petko stated that a large amount of the site is tree covered and he wasn?t sure who will landscape. He stated they propose compensatory stormwater storage south of the whiskey creek drain.
Secretary Winczewski stated he would like to see the sidewalk as a condition. He stated he agrees with the applicant on the triangular piece and the easement. Winczewski asked staff about the triangular parcel. Golder stated it is isolated by the applicant?s property. She stated the underlying property owners are in favor.
Commissioner Itani stated that he agrees with MDOT closing the other driveway. He stated regarding the issue of the triangular peice, if he were the property owner he would be seeking the developer to buy the property. He stated he would have liked it if they looked at the whole area between 28th and 29th Street. He stated he is in favor of the project.
Chair McIntyre-Evenocheck stated she appreciated the applicant taking care of the issues with staff before bringing it to the planning commission. She stated she is still undecided about the triangular parcel access.
Mr. Petko asked if it is approved with the triangular piece, do they have an option to appeal to the city commissioner if it is approved as recommended Mr. Muller feels very strongly about that. Attorney Sluggett stated that they can.
Motion Commissioner Swanson, supported by Commissioner VanderHoff to grant conditional approval of the Special Land Use parking facility
as described in Case No. 6-07. Approval is conditioned on the following conditions 1 and Basis points 1-3.
- Motion Carried (7-0) ?
- Artz and Young absent ?
Motion by Commissioner Swanson, supported by Commissioner VanderHoff, to grant conditional approval of the site plan dated October 16, 2007 as described in Case No. 5-07. Approval is conditioned on the conditions 1-4 removing condition 2 and basis points 1-10 with condition 4 to read ?the applicant shall provide or continue to provide a cross access easement to the Eastern Floral site.? And adding condition 11, ?sidewalk to be added on 28th Street and to be installed prior to the occupancy permit of the first building on the site.?
- Motion Carried (7-0) ?
- Artz and Young absent -
H. Public Hearing
Case# 11-07 Thomson?s Auto Repair ? Major Change to an Approved Site Plan located at 5215 Kalamazoo Ave. SE
Planner Golder went over the history of the site. Golder stated the applicant would like to provide parking along 52nd Street and then to install a 26x34 foot building. She stated the proposed building was originally to be 21 feet high but has now downsized to 18 feet high; the new building would allow them to do more business in order to afford and acquire the 3 acres to develop more permanent use. Sengupta showed a graphic of what the site would look with the building and parking. Golder stated some of the issues are: concern of the building being a temporary use and there would be more deviations that would have to be approved and zoning board variances. Golder recommended denial of the site plan dated September 14, 2007 for Thomson?s Automotive Repair.
Mr. Thomson stated some of the variances were sought as a result of people leaving cars indefinitely since they didn?t have the money to pay for them. He stated that the setback from the parking on Kalamazoo, there is a 6 foot sidewalk to the road so as far as the clear vision it will not be a problem. He stated he is also under conditions where the planning commission can shut him down anytime if he fails to do some of the items. He stated the pole building would come down even if he were to leave the area.
Chair McIntyre-Evenocheck opened the public hearing.
Residents with concern were Mel Holloway, 5226 Newcastle, Karen Gumbert, 5214 Newcastle, Debbie Knol, Aire Knol Auto Center 5189 Eastern. They would like to see the corner look nice and Mr. Thomson should have the same restrictions that every one else has. They were concerned with the trucks that come through speeding, if they allow him to put the building up will there be twice as many cars. They don?t think it will add to the community and thinks he has outgrown the facility.
Motion by Commissioner Swanson, supported by Commissioner Itani to close the public hearing.
- Motion Carried (7-0) ?
- Artz and Young absent -
Itani asked what would happen if the request were denied. Mr. Thomson stated he would keep working as usual. He stated he doesn?t forsee in the near future to be able to afford the 3 acres or look at another site that he can afford. He stated he would like to stay at his current facility.
Commissioner Holtrop asked about the trucks the residents were talking about. Mr. Thomson stated it is his truck when he has a car on the trailer. Mr. Thomson stated that the truck that stays near the house was someone who didn?t have enough money to fix it. He stated some of his workers park back in the back too.
Commissioner Swanson stated that he would be willing to make a motion to table until he can get someone that has a skill to help with the site plan and to meet the ordinances and come up with something that doesn?t require ZBA approval. It was also noted that Mr. Thomson has the option to withdraw.
Commissioner Sheldon asked if the planning commission could put conditions on the pole barn as far as how long it can stay on the property. Attorney Sluggett stated if you are approving the addition to the site plan that runs with the land and we do not have authority to view it as a temporary building. Sheldon stated one of the concerns that came from the public hearing is if we were to approve this then there will be others one coming for the same thing. Sheldon stated she wants his business to be successful and would like to see him grow and thinks he needs to wait until he get to the point where he has the resources to grow. Sheldon stated at this time she is not in favor of the proposal.
Commissioner VanderHoff stated Mr. Thomson runs a fine business, but he is trying to cram to much on his site. He stated it is too small and it will not work. He asked if Mr. Thomson would try to buy one acre or a ? acre from the owner enough so that he can deal what he wants on the corner without buying the entire 3 acre parcel. Mr. Thomson stated as far as purchasing the corner the current owners will not separate just the corner. He stated he was looking to buy 1/3 of the overall site either on Kalamazoo or 52nd Street which would run along where the drive comes in on 52nd Street. He stated that the owners have not been receptive to that.
Secretary Winczewski stated there isn?t a single commissioner who doesn?t want to see the applicant grow his business in Kentwood. He stated however, that the commissioners are also responsible for the safety and the security of the Kentwood residents and is concerned about the continued violations on the site. Secretary Winczewski stated Mr. Thomson has a great business plan but doesn?t see how it can fit on the existing site. He stated he would like to see him expand, but looking at the safety concerns along Kalamazoo he will not approve the plan on this sized site. He stated he hopes that they can work together to expand the business in Kentwood.
Vice Chair Swanson asked Thomson whether he would be willing to table. Mr. Thomson stated that he doesn?t think any amount of time will change anything. Discussion ensued regarding tabling.
Attorney Sluggett stated there may be another issue whether the taxes on the property have been paid. Attorney Sluggett stated if they are not paid there is a section in the city code that prohibits the planning commission or any other body in the city from prossessing that application until the taxes have been paid. If the taxes are due the planning commission should not be making a decision tonight. Instead they should adjourn unless Mr. Thomson chooses to withdraw his application.
Chair McIntyre-Evenocheck stated that her advice would be to adjourn or withdraw seeing no action can be taken due to the tax issue.
Mr. Thomson withdrew his application.
I. Work Session
Case #12-07 Woodbury Commons Phase III ?Preliminary Plat and Final Site Plan Review for a single family subdivision- located south side of 44th Street, Middlebury Dr. extended & Southbury Court
Planner Pung introduced the request. He stated this is the fourth phase of the development, but the third portion to be platted. He stated that it will consist of 38 lots on 12.69 acres and this would complete the loop road for the development. Pung stated it is consistent with the zoning district and the master plan recommendation and there were no issues raised by the engineering department or fire department.
Commissioners Swanson, VanderHoff, Sheldon, Itani, Holtrop and McIntyre-Evenocheck stated it looked fine.
Secretary Winczewski stated he would like to see a park or an attraction in the middle section. However, he acknowledged it meets everything and he doesn?t have a problem with the site.
Case #13-07 ? Clear Pointe No. 2 ? Preliminary Plat and Final Site Plan Review for a single family subdivision ? located 573 60th St SE
Planner Pung introduced the request. He stated this is a second phase of the development and this plat will consist of 27 lots on 9 acres. He stated it is consistent with the zoning and the master plan. Fire and engineering had no issues.
Commissioner VanderHoff asked if he plans to build duplexes.
Max Schols, one of the partners of Southwood LLC, was there to represent the request. He stated that when they purchased the property they looked at the possibility to change to a zoning that would allow smaller lots. He stated he likes that fact that they can offer bigger lots. Mr. Scholls stated at this time they do not plan to build any duplexes, but they do not want to restrict the development to no duplexes in the future. He stated they would like to keep their options open, that is the way they bought the land. Commissioner VanderHoff stated he had a concern with all the rental units that are in Kentwood now. Max Schols stated that if they did do duplexes they would own them themselves and have them fit in with the rest of the houses. VanderHoff asked the price range of homes. Max Scholls stated they would be about $129,000-140,000. A couple may be more expensive. Their smallest is 900 square feet but most average around 1,200 square feet.
McIntyre-Evenocheck stated the homes that were currently built are nice and she appreciates this and hopes this phase will be built and kept up just as nicely.
J. New Business
Case #14-07- Bretonfield - PUD Phase 1A Site Condominium located at Sable Ridge Drive extended east of Discovery Elementary School
Case #15-07 ? Clark on Keller Lake ? Final Site Plan Review of a PUD (Elderly/Independent Living Facility) located at 2451 Forest Hill Avenue SE
Case #16-07 ? Fox Kia Hyundai Car Dealership- Rezoning to Commercial Planned Unit Development (CPUD) from Community Commercial (C2) and Office (C4); preliminary PUD Site Plan Review; and Special Land Use for an Open Air Business for Fox Kia-Hyundai Car Dealership. Located north of 28th Street half way between East Paris Avenue and Patterson Avenue.
Motion by Commissioner Holtrop, supported by Commissioner Itani to set the public hearing date of November 27 for Case #14-07- Bretonfield - PUD Phase 1A Site Condominium located at Sable Ridge Drive extended east of Discovery Elementary School;Case #15-07 ? Clark on Keller Lake ? Final Site Plan Review of a PUD (Elderly/Independent Living Facility) located at 2451 Forest Hill Avenue SE; Case #16-07 ? Fox Kia Hyundai Car Dealership- Rezoning to Commercial Planned Unit Development (CPUD) from Community Commercial (C2) and Office (C4); preliminary PUD Site Plan Review; and Special Land Use for an Open Air Business for Fox Kia-Hyundai Car Dealership. Located north of 28th Street half way between East Paris Avenue and Patterson Avenue.
- Motion Carried 7-0) ?
- Artz and Young absent -
K. Other Business
1. Section 13 Master Plan discussion
Planner Sengupta requested consideration of a recommendation to approve the section 13 concept plan and narrative dated September 20, 2007.
Motion by Swanson, supported by, Itani to approve Section 13 Concept Plan and narrative dated September 20, 2007.
- Motion Carried (7-0) ?
- Artz and Young absent ?
Vice Chair Swanson stated we have to make sure we know what we are approving when we approve section plans. He questioned whether the commission had talked the options through enough. Discussion ensued.
Secretary Winczewski stated he would like to see a moratorium on development in sections 13 and 34 in order to allow the consideration and adoption of ordinance amendments to assist in achieving the City of Kentwood?s vision for these areas. Discussion ensued.
2. Commissioners? Comments
Chair McIntyre-Evenocheck stated that the Bounce sign is on the grass in the right of way. Director Schweitzer stated they have been notified.
3. Staff?s Comments
There were no staff comments.
L. Adjournment
Motion by Commissioner VanderHoff, supported by Commissioner Itani, to adjourn the meeting.
- Motion Carried (7-0) ?
- Artz and Young absent -
Meeting adjourned at 9:00p.m.
Respectfully submitted,
Chris Winczewski, Secretary
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