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Minutes for 11/13/2007APPROVED MINUTES OF THE REGULAR MEETING
OF THE KENTWOOD PLANNING COMMISSION
NOVEMBER 13, 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 Itani.
C. Roll Call:
Members Present: Laurie Sheldon, Dan Holtrop, Abed Itani, Nancy McIntyre-Evenocheck, Frank Vander Hoff, Chris Winczewski and Johngerlyn Young (came late).
Members Absent: Betsy Artz, Ed Swanson,
Others Present: City Attorney Cliff Bloom, Community Development Director Terry Schweitzer, Economic Development Planner Lisa Golder, Planner Joe Pung, Planner Debargha Sengupta, Staff Secretary Monique Collier, the press, the applicants and 12 citizens.
Motion by Commissioner VanderHoff, supported by Commissioner Holtrop, to excuse Commissioners Artz and Swanson from the meeting.
- Motion Carried (7-0) ?
- Artz and Swanson absent -
D. Approval of the Minutes of October 23, 2007 and Findings of Fact and Findings of Fact for: 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.
Motion by Commissioner Holtrop, supported by Commissioner Itani to approve the Minutes of October 23, 2007 and the Findings of Fact for: 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.
- Motion Carried (7-0) ?
- Artz and Swanson absent -
E. Approval of the Agenda
Motion by Commissioner Holtrop, supported by Commissioner Itani, to approve the agenda for the November 13, 2007 meeting.
- Motion Carried (7-0) ?
- Artz and Swanson 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 #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 but the third portion to be platted (area adjacent to 44th Street being developed as a site condominium early 2007). He stated the proposed plat would consist of 38 lots on 12.69 acres. He stated this will complete the developments main loop road. He stated this is consistent with the zoning district (R1-C) and Master Plan recommendation (low density residential). He stated there were no issues raised by the Engineering or Fire Departments.
Chair McIntyre-Evenocheck opened the public hearing.
Mark Dreisbach, 4676 Morningside Drive and Carmen Biddle of 4765 Morningside SE were residents with concerns. Their main concerns were the silt fence, dumpsters, the cars going on the site after hours and regulations that limit construction hours of operation. They were also concerned about the stream, the swamp and the wildlife.
Motion by Commissioner VanderHoff, supported by Commissioner Itani, to close the public hearing.
- Motion Carried (7-0) ?
- Artz and Swanson absent -
Chair McIntyre-Evenocheck asked the applicant to address some of the concerns regarding the silt fence, dumpsters and the wetlands.
Rob Berrends, with Exxel Engineering was there to represent the request. He stated that Torrington Drive is a public road. He stated houses beyond 1,320 feet can not be developed as residential lots until the loop road is completed and once that is done they can be developed. He stated regarding the concrete wash out area, when phase two was completed Jim Beke from the engineering office closed out the soil erosion permit and part of the city requirement is that the silt fence is removed. There should be no other activity on this portion of the site at this time. He stated regarding the dumpster they will call Allen Edwin and ask them to move the dumpster to the current construction. He stated regarding the DEQ and Kent County Department of Public Works they are not involved in the project, the City of Grand Rapids and Kentwood do the utility review. He stated as far as the drainage and detention, when phase two was built there was a pre treatment pond that was designed by Exxel Engineering and reviewed and approved by the Assistant Engineer Pat Hughes and Angie Lavitis at the Kent County drain office. Mr. Berrends stated there are easements. They did not block the drainage. It is wetland and within 500 feet of Plaster Creek and is regulated. He stated they do have a DEQ permit. He stated phase three of the plat construction plans have been submitted and reviewed. He stated as far as the trees along the west side, they moved the easements away from the property line. All of the trees on the property line stayed and that development is complete. He stated they have no intent to cut down any trees on the neighbor?s properties or beyond that. He stated as far as the sump pumps it is a city ordinance and every lot has a sump pump lead.
Secretary Winczewski wanted to make it clear with the residents that some of the compliance issues would be with Allen Edwin Homes. Winczewski also asked staff to make sure that regarding the pond retention to check to assure they are in compliance. Winczewski suggested when looking at zoning updates in the near future to talk about the noise ordinance. Director Schweitzer stated the noise Restrictions are contained within a regulatory ordinance that restricts construction noise to 7am-8pm Monday-Saturday.
Commissioner VanderHoff asked whether the stream is blocked or damned. Rob Berrends, Excel Engineering stated they can go out and check but on their property there is an easement and they will be happy to walk it with the engineers.
Secretary Winczewski stated it seems like the residents are adamant that the stream is being damned so when they go visit, he would like the residents be invited to go with the city and the developers.
Chair McIntyre-Evenocheck stated she would like to see this development move along and get this neighborhood built and get residents in.
Motion by Commissioner Holtrop, supported by Commissioner VanderHoff, to recommend to the city commission conditional approval of the site plan and preliminary plat dated October 1, 2007 for Woodbury Commons Phase III. Approval is recommended conditioned on conditions 1-5 and basis points 1-3 in Pung?s memo dated 10/26/07.
- Motion Carried (7-0) ?
- Artz and Swanson absent -
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 the second phase of a development originally approved in 2005. He stated the proposed plat would consist of 27 lots on 9.21 acres. He stated this would complete the development?s second means of access onto 60th Street. He stated it is consistent with the zoning district (R2 Two Family Residential) and Master Plan recommendation (low density residential) and there are no issues raised by the Engineering and Fire Departments.
Delores Sabo, 5877 Leisure South Drive expressed her concerns about is a sign that says clinic use, the trash and how close the site will abut to her property.
Motion by Commissioner VanderHoff, supported by Secretary Winczewski, to close the public hearing.
- Motion Carried (7-0) ?
- Artz and Swanson absent ?
Dan Burrill, Southwood LLC, 2879 Barcroft was there to represent the request. He stated as far as the trash issue, his partner?s son has started cutting the grass and picking up trash and they should see a significant difference. Mr. Burrill stated this is a construction site and trash will occasionally blow with the wind. There are dumpsters next to the homes, when they get full they have them emptied. He stated as far as the clinic use sign they do not own that property.
Sheldon asked if the applicant would clarify to the neighbors how close it will be to their property line. Dan Burrill stated his property does abut their property, but there are front yard and rear yard setbacks they will abide by. He stated they want to set the houses as far front as possible, it is less concrete they will have to use.
Motion by Secretary Winczewski, supported by Commissioner VanderHoff, to recommend to the City Commission conditional approval of the site plan and preliminary plat dated May 31, 2007 for Clear Pointe No. 2. Approval is conditioned on conditions 1-5 and basis points 1-3 and described in Pung?s memo dated 10/26/07.
- Motion Carried (7-0) ?
- Artz and Swanson absent -
I. Work Session
Case #14-07- Bretonfield - PUD Phase 1A Site Condominium located at Sable Ridge Drive extended east of Discovery Elementary School ? Applicant has requested tabling to the November 27, 2007 meeting.
Motion by Commissioner VanderHoff, supported by Secretary Winczewski, to table Case #14-07 Bretonfield to the November 27, 2007 meeting.
- Motion Carried (7-0) ?
- Artz and Swanson absent ?
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
Planner Golder introduced the request. She stated the only landscaping issue that has come up was a big tree located just southwest of the proposed building. The utility plan may take out the tree. They will try to relocate the sanitary sewer lateral so they can preserve the tree.
Commissioner Itani asked about the concerns about the drainage and elevation of the lake and the parking garages noted during the previous planning commission meeting. Bob Perl, Clark Retirement, stated that was not an issue. There is under ground parking planned for the apartments and any question that was raised has been addressed with staff.
Secretary Winczewski asked about the sidewalk issue with the five parking spaces. Planner Golder stated that has been addressed.
Chair McIntyre-Evenocheck stated the elevations look very nice.
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.
Planner Sengupta introduced the request. He stated this is a 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 located north of 28th Street half way between East Paris Avenue and Patterson Avenue.
Sengupta sated some of the issues:
-Wetlands
- Parking ? Re-evaluate needs, reconfigure parking one way aisles
- Traffic circulations ? driveway alignment, reconfigure south east access point
- C-PUD Regulations ? pedestrian circulations, separation and pedestrian features and connections, connect to the building, connect to Sparks Dr. and provide art, site amenities planters, bushes etc.
- Architectural enhancement
-Landscape buffer requirement issues
-performance guarantee waiver
-revising car storage layout and aisles to reduce impervious areas
Sengupta stated it is in compliance with the zoning ordinance and master plan.
Steve Fry, Architect with Concept Design Group, was there to represent the request. He stated regarding the wetlands they have confirmed that it is small enough that it is not a regulated wetland. He stated there is a 20-30 foot drop off through the middle portion of the site. He stated they pushed the entire parking lot to allow them to grade the bank up with natural grass to eliminate the concrete wall. He stated this is a double dealership between Honda and Kia. He stated the landscape buffer along the edges was just an interpretation issue and they will be moving the property line back 10 feet to comply with the 20 foot buffer.
He stated one of the things talked about with staff were the building materials for the project. Mr. Fry passed out displays of standard dealerships materials from Kia and Hyundai (a silver panel and a white panel) that represent each manufacturer and has the standard color panel of what they want on their building. He also passed around a sample of the concrete block which was a combination of the two colors. Mr. Fry stated they have put windows in the building. He stated there are only a few spots that are blank walls and that will be where the cars are being serviced. He stated these are very upscale materials. He stated the front of the building is mandated by the manufacture of what they have to do. He stated the only choice they had was the block on the back of the building. Discussion ensued regarding the look and material of the building. He stated their grade is too steep to make the main drive work along the westernmost portion of the site. They are also not looking for a cut through for people.
Secretary Winczewski asked about the wall signage. Planner Sengupta stated they will look at the wall signs when they apply for the sign permits and it will have to be in compliance with the ordinance. They are not asking for a variance on wall signs. Winczewski stated the east and west elevations and some of the north elevations of the northern building involve a lot of long lines on a long building. It looks like there isn?t much artistic feature to it and one of the walls faces the lot. Mr. Fry stated there is a ramp to the east. Winczewski stated he doesn?t have an issue with the rezoning. He stated he will be open to waive the performance guarantee.
Commissioner Itani stated he hopes they plan to meet with the hotel to rework the southeast drive. He stated he agrees he thinks it will be a viable business and a good development for that site. He doesn?t have any problems supporting.
Commissioner Sheldon stated she understands they are limited to what they have to work with as far as the look of the building, but she isn?t impressed with it and appears very plain. She stated she would like to see colors on the site plan. Mr. Fry stated he would try to bring a three dimensional site plan to the next meeting. She stated she would like to see a cross access easement off of 28th Street with the neighbor to the east. Mr. Fry stated it is an existing curb cut and they are making no modifications and it is what it is. Mr. Fry stated he will have a traffic engineer look at it and see if there is anything else that could be done.
Commissioner Holtrop expressed concern about the western elevation of the building. Mr. Fry stated he is excited about the building, he thinks it is going to be good looking and it is very expensive panel. Holtrop asked if he could put any windows on the western side of the lower building. Mr. Fry stated they would not want to put in any lower level windows.
Chair McIntyre-Evenocheck stated she thinks it is a very cold and sterile looking building. She stated she understands that car dealerships have been progressing with similar materials. She stated she wants to be sure that the display areas on the site plan are the only display areas they are allowed to have and she does not want to see any parking of any vehicles in any area that is not designated on the display area. She stated there are several issues in Sengupta?s memo that still need to be covered but she wants to make sure staff work with the applicant to make sure it is taken care of to their satisfaction by the next meeting. She is happy to see the applicant stay in Kentwood and happy to see them trying to make something of the site.
J. New Business
There is no new Business
K. Other Business
1. Conservation Oriented Development Planning and Regulations
Director Schweitzer stated at the last meeting there was discussion about the process of master planning section 13 and 34. He stated there may be new regulations to help to achieve the vision. He stated we are projecting in April that there can be new regulations in place. He stated at the last meeting the commission had discussion regarding a moratorium. He stated from staff perspective and given the current economy, by the time one would enact a moratorium we will be well into the process of coming up with new regulations. Therefore a moratorium is not necessary at this time.
Chair McIntyre-Evenocheck stated she would like the COD sub committee to meet to review the documents and make a recommendation to the planning commission as well as some recommendations to the zoning ordinance committee. McIntyre-Evenocheck stated she would like the COD committee to meet on November 27, 2007 at 6:30p.m. Itani stated he will fill in for Swanson.
Planner Sengupta stated he is working on the main document that will compile all three memos and everything that has been worked on. He stated he can have the entire document done before the COD committee meets.
Secretary Winczewski stated he has been extremely impressed with the COD and told Sengupta he did an excellent job.
Motion by Commissioner Holtrop, supported by Commissioner VanderHoff to accept the COD features.
- Motion Carried (7-0) ?
- Artz and Swanson absent -
2. Commissioners? Comments
Secretary Winczewski stated he was very impressed with the moratorium document and thanked staff for their hard work in putting it together so quickly.
Commissioner VanderHoff stated he may not be at the November 27, 2007 depending on his flight. VanderHoff also stated regarding the public hearings, he would like to limit the residents to 3-4 minutes and encourage them to get to the point.
Commissioner Sheldon stated last week she saw a cement truck cementing something over at Thomson?s. Schweitzer stated the lift mechanism will be removed and he has to have someone do that for him. Sheldon also stated that she would like to find out ahead of time when an applicant is behind on their taxes before we try to take action and can?t.
Chair McIntyre-Evenocheck stated December 11, 2007 she would like the possibility of another planning/city commission joint meeting. McIntyre-Evenocheck stated she would like to see something in the ordinance regarding Haul Away dumpsters. She stated a friend told her that one of her neighbors had one in their driveway for a year. Schweitzer stated she should contact the planning department. He also stated for an on going construction project there is some allowance, but it should not be there for a year. He stated this is a public nuisance issue.
Chair McIntyre-Evenocheck asked staff to add a notion limiting speaker comments to 3-4 minutes on the agenda under the public hearing format.
Commissioner Holtrop asked about the Paul Henry trail. Schweitzer stated they want to take Paul Henry to 60th Street and over to East Paris Avenue this spring.
Director Schweitzer stated another project in the works is a trail along M6 and it will have a segment that will come up to Wing and 60th Street.
Commissioner Itani asked about Celebration at Woodland Mall and wondering why you have to wait six weeks to see a new release and all the movies are second hand and why the downgraded quality of the movies. He was encouraged to talk to Commissioner Artz.
3. Staff?s Comments
There was no staff comment.
L. Adjournment
Motion by Commissioner VanderHoff, supported by Commissioner Itani, to adjourn the meeting.
- Motion Carried (7-0) ?
- Artz and Swanson absent -
Meeting adjourned at 9:30p.m.
Respectfully submitted,
Chris Winczewski, Secretary
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