Planning Commission Minutes

November 3, 2004

The meeting was called to order by Chairman Nicely, in the Council Chambers at 7:00 p.m.

PRESENT: Jodie Sherman, Dave Zondervan, Steve Maas, Craig Nicely,
Randy Hartgerink, and Virgil Leatherman (arrived at 8:15pm)

ABSENT: Bob Poll

ALSO PRESENT:     Ken Krombeen, City Manager
                                    Dan Johnson, Assistant City Manager
                                    Debby Descheneau, Personnel Assistant

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

Motion by Sherman, seconded by Maas, to approve the minutes of the October 6, 2004 meeting as presented. The motion passed unanimously.

NEW BUSINESS

1. Site Plan Review – Borgman Ford/Mazda – Building Addition – 3150 28^th Street

Dan Johnson reviewed the site plan for a proposed small addition to the Borgman Ford/Mazda dealership at 3150 28^th Street. It was noted that the applicant is proposing the current driveway be relocated further north in order to accommodate the addition which is proposed to be in the middle of the current driveway. This would force the new driveway to be much closer to the driveway closest to 28^th Street, which is not currently used as a vehicle access point and is not currently owned by Borgman Ford. Dan also noted that the tree calipers are 2 inches and the minimum is typically 2.5.

Chairman Nicely asked if there was anyone in the audience who would like to speak to the issues of this Site Plan Review.

Corey Broersma, RJM Design, came before the Planning Commission to answer any question the Commissioners might have.

Chairman Nicely asked if there were any questions or comments from Planning Commissioners.

Steve Maas asked if the curb cut on the northern most lot, not owned by Borgman Ford, could be relocated. Dan noted that it is possible to have that driveway move further north if the minimum separation required by DPW could be met.

Motion by Zondervan, supported by Maas to approve the site plan review for Borgman Ford/Mazda located at 3150 28^th Street with the following conditions 1) sidewalk along 28^th Street should be installed by property owner when determined necessary by the city 2) driveway along Ivanrest closest to 28^th Street should be closed when property is acquired by Borgman Ford/Mazda. If the curb cut is ever used the Borgman driveway shall be relocated so there is an acceptable separation between the two driveways 3) tree calipers shall be 2.5 inches. The motion passed unanimously.

2. Use Consideration – Rivertown Car Wash – 2959 44^th Street

Steve Maas asked to abstain from the discussion and vote on this request as the applicant and owner of Stay Clean is a cousin and the property is owned by his parents.

Motion by Hartgerink, supported by Sherman for Steve Maas to abstain from discussion and vote in the matter of Rivertown Car Wash – 2959 44^th Street. The motion passed unanimously.

Dan Johnson reviewed the request from Rivertown Car Wash to be considered as a permitted use within the I-1, Restricted Industrial, zoning district. The proposed use of the site is a self-serve carwash/oil change/auto audio sale establishment. This is not a permitted use within this zoning district. If the Planning Commission finds this to be a permitted use the applicant would come before the Planning Commission again for site plan review.

Chairman Nicely asked if there was anyone in the audience who would like to speak to the issues of this use consideration for Rivertown Car Wash.

Rick Postema, Richard Postema Architects, came before the Planning Commission on behalf of the applicant to answer any questions the Commissioners might have.

Chairman Nicely asked if there were any questions or comments from Planning Commissioners.

Randy Hartgerink finds this to be a suitable use. As did Dave Zondervan and Jodie Sherman.

Motion by Sherman, supported by Hartgerink to approve the use of a car wash/oil change/auto audio sales establishment, located at 2959 44^th Street, in the I-1, Restricted Industrial, zoning district. The motion passed unanimously.

3. Planned Unit Development – Preliminary Plan Review – Wilson Residential & Professional – NW corner of 44^th and Wilson

Dan Johnson reviewed the request for proposed offices with residential units above them and a bank on the corner. It was also noted that the site is less than the required five acres for a PUD and that the applicant would have to get a waiver from the Council for this minimum lot size requirement. The applicant is also requesting an OS-2, Planned Office/Service use for the property; the property is currently Master Planned as an OS-1, Office/Service district.

Chairman Nicely asked if there was anyone in the audience who would like to speak to the issues of this Planned Unit Development.

John Najar, S.J. Wisinski & Company, came before the Planning Commission to state that he understands there has been a considerable amount of debate relative to this piece of property. He states he has taken in consideration the concerns of the neighbors, as well as the owner, and feels he has developed a sound site plan that would feature condominiums and office, a concept being seen more and more in Grand Rapids. The rear of the property would consist of access to residential units and garage parking only, while the front would be designated to accommodate office. It was also stated that Mr. Najar is looking for an OS-1, Office/Service designated, instead of the OS-2, Planned Office/Service listed on his application. Mr. Najar stated he is open to any comments or suggestions the Commissioners may have.

Chairman Nicely asked if there were any questions or comments from Planning Commissioners.

Dave Zondervan asked for clarification on this concept being presented in Grand Rapids. Mr. Najar presented the Commissioners with news articles that discussed three different locations in Grand Rapids where similar concepts are under construction. Zondervan stated that he would need to give this concept some thought.

Randy Hartgerink asked if the property across the street on the NE corner of 44^th and Wilson would also fit the Office/Service zoning. Dan noted that the NE corner is Master Planned as Moderate Density Residential.

Chairman Nicely stated he would like to see the offices closer to the 44^th/Wilson intersection along with larger landscaping to the north and west closer to residential.

Chairman Nicely opened discussion to any neighbors present. He noted that this is not an official public hearing but would like to hear some brief comments from anyone who would like to speak.

Judy Bengtson, 4305 Wilson, noted she lives north of the proposed project and is concerned with building heights. She also suggested the idea of a group home.

Bruce Poeder, 4103 44^th, shares concerns of higher traffic volumes, busier feel, and loss of natural space. He stated he is 100% against this concept and would like to see the area designated as residential.

Jack Bengtson, 4305 Wilson, states he is concerned with where the curb cuts would go and feels they should only be on 44^th Street. He is concerned with the increased traffic to Wilson Avenue. He would like to see the Planning Commission change the Master Plan to residential.

Steve Maas stated that he liked the residential component of the plan, but has concerns with the suggested office and needs more time to think it over. He noted that there is a need for more senior housing in Grandville and suggested that as an option for this site.

Randy Hartgerink likes the proposal, it is a new trend that is happing throughout Michigan, he just doesn’t like the proposed location.

Steve Maas asked how high the proposed buildings would be. Mr. Najar did not have specifics.

Jodi Sherman asked how Commissioners felt about the size of the property. Steve Maas said the size does not concern him too much; he is flexible since the lot is only a half acre shy of the required size for a PUD. Also with the PUD Ordinance the Planning Commission can get very specific with their language.

Dave Zondervan asked if the applicant should go before the Council for a waiver on the lot size. It was determined that the lot size would not be the primary breaker of the deal and that applicant go through the steps and have the Planning Commission recommend something onto the Council.

Jodie Sherman stated that she does like the concept and would like to see it reworked.

Chairman Nicely suggested that Mr. Najar rework the plans. Given the comments by Commissioners and neighbors he suggests a more residential feel.

4. Planned Unit Development – Plan Amendment – Preliminary Plan Review – Parkway Place PUD

Dan Johnson reviewed the PUD comments for the Parkway Place PUD. He noted that the applicant, Investment Property Associates (IPA), would like to amend their PUD for a use not previously discussed for the southern portion of its site. The PUD has been previously approved for OS-1, Office/Service, on the north end and C-1, Neighborhood Commercial, on the south end. The proposed use is a new vehicle dealership and would occupy the majority of the southern portion of the site. Dan also noted that the applicant is requesting to be allowed a new car dealership and ground signs as permitted under the C-3, Commercial Highway, zoning.

Chairman Nicely stated that the firm involved in the design of the dealership, Design Plus, is one that he is a partner in and that he has not been directly involved in this project and feels he can evaluate this plan with independent judgment. He asked that he be allowed to comment and vote on decision.

Motion by Maas, supported by Sherman that Chairman Nicely be allowed to participate in the discussion and voting of this project. The motion passed unanimously. (Note: Virgil Leatherman present at 8:15pm)

Chairman Nicely asked if there was anyone in the audience who would like to speak to the issues of this PUD amendment.

Denny Cherette, IPA, came before the Planning Commission to discuss the proposed plan. He noted that there are no plans for a body shop on the site. It was also mentioned that this plan is 34,000 square feet vs. the 60,000 square feet allowed under C-1. In terms of traffic flow, Mr. Cherette stated that this type of use with fixed hours would have less of a traffic impact than other permitted uses for the site such as a 24-hour drug store or Family Video. The new car dealership would operate Monday – Saturday with a closing time of 9:00pm and no Sunday hours.

Steve Maas asked for clarification on traffic volumes. In a letter to Denny Cherette dated November 2, 2004 Ed Swanson, Swanson Consultant Services, stated that retail would generate approximately 2,800 trips a day and a dealership would generate 1,000 trips a day. Steve thought that 1,000 trips a day was high. Denny replied that the study went on the high end of volumes for industry standards and that on a typical day the dealership would see 70 customers a day and expect to sell a car to 1 of every 4^th customer or approximately 200 cars a month.

Virgil Leatherman was concerned with lighting and asked for clarification on the type of lighting that would be used. Denny replied that the light fixtures are down lighting that will be dimmed by 10:00pm and off for the overnight hours. Virgil Leatherman asked staff if they recalled what the maximum number of trips allowed for proper traffic flow at the intersection of 44^th and Canal. Ken replied that it is not so much measured by the number of cars as it is the level of service. The actual level of service was not readily available, but Ken assured Commissioners that when the original proposals went through the intersections were both looked at in terms of the traffic that would have been generated and at that point the level of service was not failing, but the conditions noted that if warranted a traffic signal would have to be installed at the intersection of 44^th and Canal.

Dave Zondervan likes the plan, feels it fits well in the location, and that they would make good neighbors.

Harold Zeigler spoke to the matter that Chrysler came to him and wanted to develop an Alpha Point dealership (Chrysler, Dodge and Jeep) in the Grand Rapids area, which would be 1 of 20 or 25 nationwide making it a flagship dealership. Because it’s a new concept in the West Michigan region it is very important to Harold Zeigler, and Chrysler that the concept is done right and with class.

Chairman Nicely opened discussion to any neighbors present. He noted that this is not an official public hearing but would like to hear some brief comments from anyone who would like to speak.

Brandon Vanderhoof, 4215 44^th Street, came before the Planning Commission to state he would like to see the area zoned C-1. He feels that a car dealership would not be as attractive as a commercial building would be. He is not necessarily concerned with traffic and feels that if this concept was part of the original plan it would have been denied.

Randy Hartgerink asked if the landscaping as seen in the plans was already in place. Denny replied yes. Randy stated he is impressed with the project, it’s a quality project, and he is in favor of it.

Virgil Leatherman asked how many parked cars would be on the site. Denny replied that the inventory is scheduled for 250 cars.

Chairman Nicely stated he would like more clarification on the traffic study provided by Ed Swanson. Denny replied he would have Mr. Swanson contact Dan Johnson.

The Planning Commissioners were unanimously in agreement to approve the Plan Amendment to the Preliminary Plan Review for the Parkway Place PUD and to set a Public Hearing for the December 1, 2004 Planning Commission meeting for Final Plan Review.

5. Zoning Ordinance Review

Ground Signs for Office Lots

Dan Johnson reminded the Commissioners that this specific ordinance pertains to businesses that have frontage on one major street and one local street. Last month the Commissioners asked staff to determine how many properties are affected by this ordinance, Dan informed the Commissioners that there are approximately eleven lots affected.

The Planning Commissioners agreed that staff can bring draft language to the Commissioners at the December 1, 2004 Planning Commission meeting.

Open Unoccupied Spaces

Two years ago the Planning Commission added the term bay windows to Section 3-12 of the Zoning Ordinance. The added language has added more harm than help because there is not a definition of what is considered a bay window. Typically bay windows are not an occupied space they are more of a decorative feature. However it is becoming more and more common for bay windows to be used as occupied spaces. Staff is recommending removal of the term bay window in Section 3-12 of the Zoning Ordinance. If future situations arise, applicants can go before the Zoning Board of Appeals for approval.

The Planning Commissioners were in agreement that the term bay windows should be eliminated from Section 3-12 of the Zoning Ordinance.

Used Car Sales

Dan informed the Planning Commission that the Zoning Board of Appeals tabled the request for new to used vehicle sales in the C-3 district pending the Planning Commissions discussion of the use and ultimately the City Councils action. Staff provided the Commissioners with some standards they felt should be addressed and included in whole:

· Special Land Use

· C-3; Commercial Highway District Only

· Located on a Regional Arterial street as classified by the City of Grandville Transportation Plan

· Immediate preceding use was for new vehicle sales

· Lot shall be at least 3 acres in size with a minimum lot width of 250 feet

· Front yard parking setback shall be at least 20 feet

· Only permanent signage permitted, such as wall and ground signs

Steve Maas stated he liked the direction staff was going with the language.

The Planning Commissioners were in agreement that staff should continue to create draft language and bring it back for further discussion at the December 1, 2004 meeting.

PUBLIC COMMENT

1. Chairman Nicely asked if there were any public comments to be made. There were none.

OTHER BUSINESS

Chairman Nicely asked if there was any other business to discuss.

Steve Maas showed concern about what he considers a loop-hole in the Zoning Ordinance language surrounding illegal use of signs and applicants who have a valid application with the Zoning Board of Appeals. Currently if there is a valid application on file with the ZBA the illegal use can continue until the ZBA acts on the application. Staff informed the Commissioners that the process cannot change at this time based on case law.

Motion by Zondervan, supported by Leatherman to excuse Bob Poll from the meeting. The motion passed unanimously.

Motion by Maas, supported by Sherman to adjourn. The motion passed unanimously. The meeting adjourned at 9:12 p.m.

Debby Descheneau

Recording Secretary

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