Planning Commission Minutes

CITY OF GRANDVILLE
PLANNING COMMISSION MINUTES
JULY 11, 2001

The meeting was called to order by Chairman Zondervan in the Council Chambers at 7:03 p.m.

PRESENT: Virgil Leatherman, Steve Maas, Craig Nicely, Bob Poll, William Timmer, and David Zondervan.

ABSENT: Joe Valicevic

ALSO PRESENT: Kenneth Krombeen, City Manager

Dan Johnson, Assistant City Manager

Motion by Poll, seconded by Maas to approve the agenda as presented. The motion passed.

Motion by Maas, seconded by Leatherman, to approve the minutes of the June 6, 2001 meeting. The motion passed.

PUBLIC HEARING

1. File No. 01-016. Chairman Zondervan opened the public hearing at 7:05 p.m. to receive public comment on the request from Borgman Ford to rezone 2890 Ivanrest Avenue from R-3, One-Family Residential, to C-3, Commercial Highway District. Assistant Manager Johnson reviewed the request and indicated there was a public hearing held at the June, 2001 meeting; however, due to some confusion with the notification the public hearing notice was republished and mailed to the neighbors. He also pointed out that the request is not consistent with the Master Plan.

The applicant John Borgman, Borgman Ford, was in attendance to discuss the request.

Dave Whitney, 2902 Ivanrest Avenue, requested the property remain zoned R-3 to allow for a buffer to the residential area south of the property requested to be rezoned.

Motion by Leatherman, seconded by Maas, to receive into record a letter from Borgman Ford dated July 11, 2001. The motion passed.

Motion by Poll, seconded by Nicely, to close the public hearing at 7:12 p.m. The motion passed.

Discussion followed with the general consensus being that the applicant has been able to use the property as is without rezoning and there does not seem to be a need to change the zone; and that the request is inconsistent with the Master Plan.

Motion by Nicely, seconded by Maas, to recommend City Council deny the rezoning request for 2890 Ivanrest Avenue. The motion passed.

GENERAL BUSINESS

1. File No. 01-014. Request from Randy Mulder for site plan approval of an eleven-unit moderate density residential development proposed to be located on a 1.65 acre site at 3912 Kenowa Avenue. Assistant City Manager Johnson reviewed the request and indicated the site is zoned RM-3, Moderate Density Residential District, and the use is permitted. He also reviewed the adjacent zones, uses, Master Plan designations, parking, utilities, and landscaping. Mr. Johnson pointed out the setbacks are met through a variance that was granted on the rear yard or east side setbacks; the front yard variance was granted with the condition that the applicant work with City staff on the landscaping and buffer area; and the retention pond will need to be approved by the Kent County Drain Commissioner.

The applicant, Randy Mulder, 8197 Cottonwood Dr., Jenison, indicated he intends to put a hedge along the north side of the entrance, a 6 foot fence from the garages to the south, and a storm water connection will be made to the Anchor Estates retention pond to the south. He plans to work with the neighbors and the City to insure that an appropriate buffer or landscaping along the entrance and the west property line is used.

Mr. Poll was concerned about issuing occupancy prior to completion of the landscaping. Mr. Leatherman suggested the applicant provide a letter of credit.

Motion by Poll, seconded by Maas, to grant site plan approval at 3912 Kenowa including: (1) a letter of credit be provided to the City regarding the landscaping with an amount to be determined by City staff, (2) separate sign permit required for site signage, and (3) approval from Kent County Drain Commission for storm water service. The motion passed.

2. File No. 01-019. Preliminary Plan Review for the Brouwer PUD to be located on the west side of Wilson Avenue across from RiverTown Crossings Mall. The Assistant City Manager reviewed the request and indicated the approx. 13 acre site is zoned OS-2, Planned Office/Service District. He discussed the seven items to be addressed by the PUD Ordinance including scale, contours, relationship to the streets, utilities, elevations, internal circulation, and the written statement. Other areas of concern are the open

space areas, information on detention areas, the special land uses, relief from some requirements such as bufferyards, fencing and parking area locations.

Planning Commission was concerned with what percentage of the underlying zone should be special land uses.

Jeff Smith, S.E. Spohn Construction, Brian Silvernail, Grand Rapids Real Estate, and Bill Bussey, Grubb & Ellis, were in attendance to discuss the PUD plan.

The Planning Commission discussed the proposed uses, green space, landscaping, zone designation and size of the proposed Lazy Boy store. Suggestions made included reducing the size and moving the Lazy Boy store to the west and increasing the green space between the sidewalk and the building; upgrading the front façade with either materials or windows; upgrading the north side façade with materials, paint, or trees; increasing the landscape islands by eliminating some parking spaces.

3. Request from Cassandra Vaughn-Ryan to locate a dance studio at 3490 Viaduct. The Assistant City Manager indicated it is a request to locate in tenant space within the I-2 District and the use is not specifically listed as a permitted use; however, similar uses have been approved as compatible with the intent and purpose of the I-2 District.

Rick Vaughn, 8071 Teakwood, Jenison, was in attendance to respond to questions regarding the request and asked the Planning Commission not to table the request.

Motion by Poll, seconded by Nicely, to allow Timmer to abstain from voting due to a family connection to the property owners and to allow Maas to abstain due to other business dealings with the property owners. The motion passed.

Motion by Leatherman to allow Maas to withdraw his abstention. The motion died for lack of support.

Motion by Leatherman, seconded by Nicely, to table the request to the August meeting. The motion passed.

PUBLIC HEARING

2. File No. 01-021. Chairman Zondervan opened the public hearing at 9:12 p.m. to receive public comment on the request from Marc Daneman to locate a Nextel telecommunications tower at 4100 Kenowa, Grandville Public Schools bus garage zoned Office/Service District. Mr. Johnson indicated the use is a special land use and reviewed the general standards for approval of special land uses

according to the Zoning Ordinance. Items required under Section 3-34, Wireless Telecommunications Tower and Antennas, as referenced in Mr. Johnson’s memo to the Planning Commission that were not met included:

Section 3-34 (G)(2)(a)(1) – Site plan does not show adjacent land uses. This includes Master Plan classifications for the adjacent sites.

Section 3-34 (G)(2)(a)(3) – Nearest residential units and/or residentially zoned properties are not shown. Setback distances from these areas cannot be determined.
Section 3-34 (G)(2)(a)(4) – No inventory of existing towers has been included. This subsection must meet Section 3-34 (D)(3) requirements. Nextel has at least one tower and one co-location in Grandville.
Section 3-34 (G)(2)(a)(8) – No notarized statement by the applicant as to whether construction of the tower will allow co-locators. Applicant says this will be permitted in his letter, however, it is not notarized.
Section 3-34 (G)(2)(b)(2) – Proximity to residential structures and residential district boundaries is unknown.
Section 3-34 (G)(2)(b)(3) – Unknown nature of uses on adjacent properties. Buildings are only labeled "building."
Section 3-34 (G)(2)(b)(5) – No tree coverage information provided.
Section 3-34 (G)(2)(c) – Cannot determine availability of suitable existing towers, other structures or alternative technology as no information is provided on existing tower inventory.
Section 3-34 (G)(2)(d) – Required setback is 113 feet (75% of 150’ height). Applicant is requesting a setback of 40 feet. He can ask for a variance (Which has been tabled by ZBA) or a modification to this requirement. Planning Commission can reduce this setback requirement based on public health, safety and welfare. Applicant has included his justification to this setback modification request and it seems to be because they do not want to place it in the middle of the parking lot. Placing a cell tower in the middle of a private, secured, single-use parking lot does not constitute a public health, safety or welfare hazard. There does not appear to be a reason to grant the setback modification based on public health, safety or welfare.

Mr. Johnson stated that the Planning Commission cannot make a fully informed decision without all the information.

Representing Nextel was Marc Daneman, Wireless Facilities, Inc., 6440 E. Fulton, Ada, MI 49301. His introduction comments covered the request for 4100 Kenowa and 3750 Ivanrest. He stated they did look at using existing towers for co-location, however, did not find any that would provide the coverage Nextel needs to fill gaps in coverage as shown by the radio frequency design and indicated that Nextel does need both sites. Regarding the 4100 Kenowa site Mr. Daneman addressed the location of the tower on the property, setbacks, landscaping, public safety issue, and City staff comments.

Virgil Leatherman stated he has been working with Mr. Daneman on behalf of the Grandville Public Schools. He informed the Planning Commission he has no financial interest in the request and that the school district is not pushing for approval of towers on their property.

John Herweyer, owner of the property to the south of 4100 Kenowa, point out the proposed tower location is approximately 40 feet from his tenants parking lot and also is close to the driveway.

Motion by Maas, seconded by Nicely, to allow Virgil Leatherman to participate in the discussion and to vote on the special land use request for 4100 Kenowa Avenue. The motion passed.

Motion by Maas, seconded by Poll, to close the public hearing at 9:48 p.m. The motion passed.

Motion by Nicely, seconded by Leatherman, to table the special land use request at 4100 Kenowa until the August meeting to allow the applicant to provide items not provided in the initial application. The motion passed.

3. File No. 01-020. Chairman Zondervan opened the public hearing at 10:03 p.m. to receive public comment on the request from Marc Daneman to locate a Nextel telecommunications tower at 3750 Ivanrest, Calvin Christian Schools. Assistant City Manager Johnson reviewed the request including adjacent zones, uses, Master Plan designations.

As referenced in a memo to the Planning Commission Mr. Johnson reviewed the general standards for approval of special land uses according to the Zoning Ordinance which include:

1. The proposed use will comply with the general objectives and land-use policies contained in the Grandville Master Plan.

Wireless communications towers are permitted as a Special Land Use. They also have to meet all the requirements of the Special Land Use approval process that is part of Section 3-34, Wireless Telecommunications Towers and Antennas.

2. The proposed use will be designed, constructed, operated and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity; will be compatible with the intent of the Zone District; and will not change the essential character of the surrounding area.

Planning Commission needs to determine if cell tower is compatible with the residential nature of the area.

3. The establishment, maintenance, location, or operation of the use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in that Zone District.

The use does not impede the normal development of surrounding properties, based on the information provided.

4. The establishment, maintenance, location, or operation of the proposed use will not be detrimental to or endanger the health, safety, or general welfare of any persons; will not be injurious to or conflict with the use or enjoyment of neighborhood property for the purposes permitted; and will not result in any significant adverse impact on the natural environment. Further, the proposed use will not involve activities, processes, materials, and equipment or conditions of operation that will be detrimental to any persons, property, or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare, or odors.

Planning Commission needs to determine if the tower conflicts with the enjoyment of neighborhood property.

5. Adequate utilities, highways, streets, access roads, drainage structures, police and fire protection, refuse disposal, schools, and other necessary services or facilities have been or will be provided to serve the proposed use, and so that the proposed use will not place demands on public services or facilities in excess of capacity.

Adequate utilities and roads are in place to service the site.

6. The proposed use will, in all other respects, conform to the applicable regulations of the Zone District in which it is located, conditions imposed on approval, and all other applicable provisions of law, ordinance, or statute.

The proposed use should conform with all applicable regulations of Section 3-34. Planning Commission should consider if an intensive, residentially zoned property is the proper location for a cell tower.

Other Information for Section 11-2 (B).

Applicant mentioned the Kenowa Avenue site was selected to avoid concentrations of residential activity. This site is in the heart of a high-density residential area.

Items required for approval under Section 3-34, Wireless Telecommunications Tower and Antennas, as referenced in Mr. Johnson’s memo to the Planning Commission, that were not met included:

Section 3-34 (G)(2)(a)(1) – Site plan does not show adjacent land uses. This includes Master Plan classifications for the adjacent sites.

Section 3-34 (G)(2)(a)(3) – Nearest residential units and/or residentially zoned properties are not shown. Setback distances from these areas cannot be determined.
Section 3-34 (G)(2)(a)(4) – No inventory of existing towers has been included. This subsection must meet Section 3-34 (D)(3) requirements. Nextel has at least one tower and one co-location in Grandville.
Section 3-34 (G)(2)(a)(8) – No notarized statement by the applicant as to whether construction of the tower will allow co-locators. Applicant says this will be permitted in his letter, however, it is not notarized.
Section 3-34 (G)(2)(b)(2) – Proximity to residential structures and residential district boundaries is unknown.
Section 3-34 (G)(2)(b)(3) – Proximity to residential structures and residential district boundaries is unknown.
Section 3-34 (G)(2)(c) – Cannot determine availability of suitable existing towers, other structures or alternative technology as no information is provided on existing tower inventory.
Section 3-34 (G)(2)(d)(1) – Tower base appears to be 65 feet from the "Approximate Property Line." The tower needs to be 75 feet from the actual property line to meet setback requirements.
Section 3-34 (G)(2)(e) – Cannot determine if separation requirement of 300 feet is met because no adjoining properties are shown.
Section 3-34 (G)(2)(f) – Fence around the site is wooden. While this is aesthetically attractive the requirement is for a security fence, unless waived by the Commission. A more secure fence may be appropriate due to its location on school property and next to a park.

Representing the applicant, Nextel, was Marc Daneman. He pointed out that there is not a gap in coverage in this area; however, Nextel would like to provide better coverage for the residents. He indicated Nextel is proposing a stealth facility with a bell tower 100 feet in height; a banner with Calvin Christian Schools logo will be located on the tower. The banner is proposed to be 20 feet in height on all sides and painted yellow with green lettering.

Bill Haverkamp, Calvin Christian Schools, stated the schools are supportive of the tower; have tried to locate it in the least conspicuous location to the neighbors; aesthetically pleasing design; and do prefer the wood fence. Calvin Christian did verify that it is not a danger to the health to students. He asked the Planning Commission to act favorably towards the request.

Walter Bobeldyk, 3670 Ivanrest, doesn’t feel there is a problem with the coverage in the area; and he is concerned for the safety of the students.

John Savage, 3656 Alder Dr., doesn’t feel there is a need for another tower; that the tower would change the character of the neighborhood; that the banner is distasteful and that the tower is an eyesore. He asked that the Planning Commission not approve the request.

Motion by Nicely, seconded by Leatherman, to accept into the record letters from Noreen Gould, 3658 Aspen Ct.; Robert Horan, 3654 Aspen Ct.; James R. and E. Kay Scoville, 3848 Meadowood Ln.; and Don Remtema, 3046 Willow Creek. The motion passed.

Motion by Nicely, seconded by Poll, to close the public hearing at 10:35 p.m. The motion passed.

Mr. Johnson pointed out that per Section 3-34 of the Zoning Ordinance no signs are allowed on cell towers.

Mr. Leatherman does not like the looks of a banner at the top of a tower in a residential area.

Mr. Nicely is opposed to the request to locate a tower in this location.

Mr. Maas stated the needs of the neighbors are more important than the needs of Nextel; the proposed tower is inharmonious, inappropriate in appearance with the existing or intended character of the general vicinity, incompatible with the intent of the zoning district, and would change the essential character of the surrounding area.

Motion by Maas, seconded by Poll, to deny the special land use request for a Nextel telecommunications tower to be located at 3750 Ivanrest. The motion passed unanimously.

OTHER BUSINESS

Discussion on the landscaping at the Consumer Energy sub-station site on 44th Street.

PUBLIC COMMENT

Marc Daneman asked for direction from the Planning Commission on an alternate location or type of tower used.

Motion by Poll, seconded by Maas to adjourn. The motion passed. The meeting adjourned at 11:00 p.m.

Mary Meines

Recording Secretary

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