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Planning Commission Minutes

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

PRESENT:                Jodie Sherman, Craig Nicely, Steve Maas, Dave Zondervan, Randy Hartgerink, and Virgil Leatherman  

ABSENT:                   Bob Poll

ALSO PRESENT:     Ken Krombeen, City Manager

                                    Dan Johnson, Assistant City Manager

                                    Debby Descheneau, Personnel Assistant  

Dan Johnson noted that the agenda has been amended.  Under the section New Business – Use Consideration, Inflatable Party has withdrawn their request to come before the Planning Commission.   

Motion by Maas, seconded by Leatherman to approve the amended agenda, dismissing Inflatable Party, as presented.  The motion passed unanimously.  

Motion by Sherman, seconded by Leatherman, to approve the minutes of the April 13, 2005 meeting as presented.  The motion passed unanimously.                  

PUBLIC HEARINGS:  

1.         Rezoning – 3899 Oakes Street – Land & Company  

Dan Johnson reviewed the request by Land & Company to rezone 3899 Oakes Street from RM-2, Two-Family Residential to C-3, Commercial Highway.  Dan noted that the request was consistent with the Master Plan designation, but is in conflict with the DDA plan.   

Chairman Nicely asked if the applicant would like to speak in regards to the rezoning request.  

Dave Dishaw – Representative for Land & Company – 1701 Porter SW Suite 6, Wyoming, MI., – stated that this request should have been part of the previous two rezoning request from Land & Company as all three parcels are contingent upon the other’s rezoning.  Dave noted that he believes this rezoning is necessary due to the fact that the front properties along 28th Street are zoned C-3 and are non-conforming in terms of it’s size for a typical C-3 lot for an automotive business.  He continued to note that what is in front of 3899 Oakes will not forever be a car lot and at some point when an application is made the applicant will either have to seek a variance or they will be prohibited to make money due to the fact that 3899 Oakes Street is not zoned C-3.   Dave noted that the pieces on 28th Street need the pieces behind them to be zoned C-3 in order to be functionable.          

Chairman Nicely opened the public hearing for the rezoning of 3899 Oakes Street at 7:07 p.m.

Chairman Nicely asked if anyone in the audience would like to speak to the issue of rezoning 3899 Oakes Street.   

Polly Underhill, 3890 Oakes, came before the Planning Commission to state her disagreement with the rezoning request.  She feels there is enough commercial property surrounding her residential neighborhood.  

Mark DeVries, 3044 Bliss Ct., came before the Planning Commission to state he feels rezoning this property to C-3 is the best fit for the property.  

John Smith, 3970 Oakes, came before the Planning Commission to state he is against this rezoning request.  He talked of the historic value of the neighborhood.  He would like to keep his neighborhood in tact.   

Motion by Zondervan, supported by Maas to close the public hearing.  The motion passed unanimously.  The public hearing closed at 7:12 p.m.   

Chairman Nicely asked if there were any questions or comments to be made by Planning Commissioners in regard to the rezoning request.   

Dan Johnson clarified that the C-3 zoning district does not have minimum lot size requirements.  As long as the set back and other ordinance requirements are met an applicant can build on the property.  

Motion by Zondervan, supported by Leatherman to table the Rezoning request for 3899 Oakes Street – Land & Company.  The motion passed unanimously.           

OLD BUSINESS:  

1.         Use Consideration – 2950 Prairie Street – Mobile Pallet Service  

Dan Johnson reviewed the applicants request for use consideration.   It was noted that Bob and Shirley Godfrey submitted a letter of disagreement for this type of use at the location of 2950 Prairie.  

Chairman Nicely asked if the Planning Commissioners had any comments.  

Jodi Sherman noted that she went to the Zeeland operation and thought the site was nicely presented, however she feels the use does not fit the 2950 Prairie location.  

Randy Hartgerink concurred that the use does not fit the 2950 Prairie location.   He feels the only way it could be considered is if the machines were located inside.  It has already been noted by the applicant that this would be a huge cost.  

Virgil Leatherman stated he was comfortable with the end unit being used for the sale of mulch, but he feels the overall operation is not a good fit for the 2950 Prairie location.   

Chairman Nicely asked if the applicant would like to address the Planning Commission.  

Marvin Kamps came before the Planning Commission to answer any questions and to state that his main concern is whether or not the Planning Commission feels the back side of the property could be used to store the 60,000 yard stock piles of mulch.  

Steve Maas asked how many employees the operation employs.   Mr. Kamps stated the current Grand Rapids operation employ 50.  

Mr. Kamps noted that 1/3 of the property was in the flood plain and that he’d like to excavate this area in the future.   

Dan informed the Planning Commission that excavating properties is a matter that the Zoning Board of Appeals would hear.  

Dave Zondervan suggested that the Planning Commissioners and staff hear the operation of the JL French machinery in order to gage the noise of the pallet operation.  

Ken Krombeen noted that noise ordinances are separate from use consideration.  It is up to the applicant to adhere to the ordinances set forth for noise.  

Chairman Nicely is concerned about the noise and visual impact for this type of use.  

Mr. Kamps stated he feels bad that staff and the Planning Commission did not get the chance to hear the mulching machine in operation.   Mr. Kamps would like to arrange a time for this meeting to take place.  He does want the Planning Commission to hear the machine.  Mr. Kamps stated that one of his boys was supposed to send staff a letter outlining a schedule to hear the mulching machine.  Dan Johnson replied that he did receive a phone call on Monday, May 2nd from Steve Kamps.  Dan suggested Mobile Pallet wait to see what comes from the May 4th Planning Commission meeting.  

Dave Zondervan stated he did not like the amount of semi trucks that could potentially be coming and going from this type of operation.   Dave noted he would like to table the request until the Planning Commission and/or staff can obtain decibel readings and discuss further.  He suggested the applicant contact staff to set up a meeting for Commissioner’s to hear the mulching machine in operation.  

Motion by Zondervan, supported by Maas to table the Use Consideration for Mobile Pallet Service – 2950 Prairie Street – upon further review and discussion of the operation.  The motion passed unanimously.  

2.         Mixed Use Ordinance    

Dan Johnson informed the Planning Commissioner that the direction staff and city attorney, Randy Kraker, would like to take on the mixed use ordinance is a Mixed Use Planned Unit Development (MPUD).  This would be a separate ordinance from the Planned Unit Development (PUD) but using the same concept.  Dan presented some areas of the PUD ordinance that Commissioner may want to address in creating a MPUD, they are:           

Ø      Whether all residential, office and commercial districts be included.

Ø      Allow residential and non-residential in the same building.

Ø      Increase the amount of open space from 10%.

Ø      Decrease the minimum overall PUD size.

Ø      Noise reduction and visual screening requirements for residential components and/or neighboring properties.

Ø      Require residential construction first if the underlying zoning is residential.

Ø      Place limitations as to how much non-residential can be on a PUD.  For example, non-residential can be no more than double the amount of residential.  This may only apply where residential is the underlying zoning.

Chairman Nicely asked if the Planning Commissioners had any comments.  

Steve Maas asked if the residential component of a PUD allows for retail use.  Dan responded that residential is limited to residential.   

Steve Maas feels that the new MPUD should offer flexibility in the interest of developers and the city.  

Chairman Nicely feels that the MPUD can work on the trailer park site.  He stressed a need for open space.  He also feels that the Planning Commission should construct the MPUD cautiously so commercial does not take over the residential component of the ordinance.  

Virgil Leatherman suggested that the MPUD ordinance address the idea of developers being charged to improve roads.  Virgil also suggested that staff talk with the City of Walker as they are going through a similar process of charging developers for road improvements and maintenance.   

Randy Hartgerink suggested staff set up a meeting with Land & Company representatives and members of the DDA.  Dan responded that staff would attempt to schedule the meeting for the following week.  

The Planning Commission suggested staff rework the MPUD language and bring updates to the June meeting.  

PUBLIC COMMENT  

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.  There was none.  

Motion by Maas, supported by Zondervan to adjourn.  The motion passed unanimously.  The meeting adjourned at 8:17 p.m.  

Debby Descheneau

Recording Secretary

 

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