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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, Steve Maas, Randy Hartgerink, Craig Nicely, and Virgil Leatherman  

ABSENT:                   Bob Poll, Dave Zondervan  

ALSO PRESENT:     Ken Krombeen, City Manager

                                    Dan Johnson, Assistant City Manager

                                    Debby Descheneau, Personnel Assistant  

Dan Johnson noted that the agenda had been amended to move old business item 2, rezoning request discussion, after the first public hearing.      

Motion by Maas, seconded by Sherman to approve the amended agenda, moving the rezoning request discussion after the first public hearing, as presented.  The motion passed unanimously. 

Motion by Sherman, seconded by Maas, to approve the minutes of the June 1, 2005 meeting as presented.  The motion passed unanimously.                  

PUBLIC HEARING:  

1.         Rezoning – 2918 Sanford Avenue – Jodi Porter  

Dan Johnson reviewed the applicant’s request to rezone the property at 2918 Sanford Avenue from C-3, Commercial Highway District to R-1, One Family Residential.  Dan provided the Commission with the long history of this site and others surrounding it, noting they may have been part of a comprehensive update to the Zoning Ordinance many years ago, in which the property owners were not aware of the rezone.  Dan suggested the property be rezoned to RM-2, Two Family Residential, rather than the proposed R-1, One Family Residential as RM-2 would be consistent with the other residential zoning in the area and would result in a conforming lot in regards to lot size requirements.   

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

Jodi Porter, 2918 Sanford Avenue, came before the Commission to state she is hoping to rezone the property for the purpose of refinancing her home.  She is open to either the R-1 or RM-2 rezone.  

Chairman Nicely opened the public hearing for the rezoning of 2918 Sanford Avenue at 7:11 p.m.

Chairman Nicely asked if anyone in the audience would like to speak to the issue of rezoning 2918 Sanford Avenue.   

There were no comments to be made.  

Motion by Leatherman, supported by Maas to close the public hearing.  The motion passed unanimously.  The public hearing closed at 7:11 p.m.   

Chairman Nicely asked if the Planning Commissioners had any questions or comments.   

Steve Maas said he was in favor of the rezoning.  Jodi Sherman concurred.   

Virgil Leatherman asked about the possibility of a variance being granted by the ZBA.  He recalled a residential property on Ivanrest that had structural fire damage to the pole barn and the ZBA granted a variance to reconstruct the pole barn in the same location.  He noted that a residential lot in that neighborhood was not allowed to construct a pole barn.   

Motion by Maas, supported by Leatherman to recommend onto City Council the rezoning of 2918 Sanford Avenue from C-3, Commercial Highway District to RM-2, Two Family Residential.  The motion passed unanimously.  

OLD BUSINESS:  

2.         Rezoning Request – 3899 Oakes Street, 3895 Oakes Street, and 3847 28th Street – Discussion

Dan Johnson reviewed that the Planning Commission has asked the City Council for an extension on the rezoning of 3899 Oakes Street, 3895 Oakes Street, and 3847 28th Street.       

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

Dave Dishaw came before the Commission to state Land & Company would like to postpone their rezoning applications for 3899 Oakes Street, 3895 Oakes Street, and 3847 28th Street until the August meeting giving Land & Company 30 days to work with city staff to come up with a Conditional Rezoning request.  Land & Company feels there is some benefit to the Conditional Rezoning and they’d like to use those guidelines to construct a plan.   

PUBLIC HEARING:  

2.         Planned Unit Development – 4041 44th Street – Grand Village Square  

Dan Johnson reviewed the site plan comments, paying particular attention to the following Final Plan Review and PUD requirements:            

·        Calculations submitted for site density are not based on a 3.45 acre site.  Staff requests revised calculations.

·        Kent County Road Commission will allow a right in right out only drive on Wilson Avenue.

·        The percentage of open space needs to be clarified. 

·        Driveway alignment may be necessary for the south side of 44th Street. 

·        The number of residential units has increased from 17 to 20 from previous plans; however the daycare use has been eliminated.

·        Te minimum parcel size for all PUD’s is 5 acres.  This lot is 3.45 acres, however there is a request to amend Section 10A-3 of the Zoning Ordinance to allow consideration for PUD’s with less than 5 acres. 

·        The plans show reduced parking setbacks along the east and south property lines, some locations as low as a zero foot setback.  Staff recommends sufficient landscaping if the reduced setbacks are granted.

·        Elevations for the bank need to be provided.

·        The proposed 20 foot light pole height may be too high for this residential area.

·        More signage information such as height and materials should be provided to staff.

·        All permitted uses shall be as determined by the City Council upon recommendation from the Planning Commission.

·        The concept of increased density residential and a bank in this area is compatible with the lower density residential to the north and west and the office and commercial to the south. 

Dan also provided the Planning Commission with a list of items not met under the normal Site Plan Review.  

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

John Najar came before the Planning Commission to state he wants to work with the Planning Commission and that the suggestions made in the PUD comments are all workable.  

Chairman Nicely opened the public hearing for the Planned Unit Development, Grand Village Square at 4041 44th Street at 7:35 p.m.  

Chairman Nicely asked if anyone in the audience would like to speak to the issue of the Planned Unit Development, Grand Village Square.   

Bruce Poeder, 4103 44th Street, is against the PUD.  Mr. Poeder stated when he moved into his house the city promised him that the zoning north of 44th Street would not change.  He also noted that the city promised him that this particular piece of property would not change zoning.  He mentioned he is ok with the residential component but does not want a bank next to him.  He has put a lot of work into his property and does not want to see commercial next to his home.   

Before Mr. Poeder sat down Virgil Leatherman wanted to clarify if Mr. Poeder was against the residential component, commercial component, or both.  Mr. Poeder then announced both.

Jack Bangston, 4305 Wilson, is not opposed to the PUD.  Mr. Bangston mentioned that one of the good things about the project is it will block 44th Street and Rivertown traffic.   

Motion by Maas, supported by Sherman to close the public hearing.  The motion passed unanimously.  The public hearing closed at 7:42 p.m.   

Chairman Nicely asked if the Planning Commissioners had any questions or comments. 

Virgil Leatherman asked if the proposed driveway was 175’ from 44th Street.  Dan responded yes.  Virgil also asked if there would be a deceleration lane.  Dan responded it is not on the plans.  Staff will review the plans to see if a deceleration lane is necessary.   

Chairman Nicely questioned how northbound traffic will maneuver through site with a right in right out only drive.  John Najar said the driveway could be adjusted to provide a straighter shot out of the site.   

Randy Hartgerink likes the idea of condominiums on the site but does not like the bank.  He also noted that this mixed used idea is what he has envisioned for Chicago Drive and the MPUD that is being constructed.  

John Najar noted that the condominiums will take up 2.60 acres with approximately 7.7 units per acre and the bank will sit on .85 acre.  

Jodi Sherman would like to table the request and have the applicant come back for the August meeting with revised plans.  She feels there are too many areas that need addressing before she’d be comfortable moving forward.  

Steve Maas likes the residential component and feels it has been constructed in a way that it diminishes the effect of the bank.  

Chairman Nicely likes the mixed use concept; his only concern is with traffic flow.  

Virgil Leatherman suggested using the deferred parking to the west of the bank to create a driveway that is tunneled with trees and landscaping.  

Motion by Leatherman, supported by Maas to table the Planned Unit Development, Grand Village Square at 4041 44th Street.  The motion passed unanimously.  

OLD BUSINESS:  

1.         Site Plan Review – Rivertown Car Wash – 2959 44th Street  

Dan Johnson reviewed the Site Plan Comments for Stay Clean Inc.  He reminded the Commission that the use has been approved and the applicant has received some necessary variances from the ZBA.  He noted the biggest issues for the site plan are utilities and landscaping for a reduced front yard setback.  

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 his parents have a financial interest in the property as well.  

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

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

Dale Veldhouse of Richard Postema & Associates presented the Planning Commission with elevations for the site.  

Virgil Leatherman asked the applicant how they envision traffic flow.  Mr. Veldhouse replied that he anticipates most of the traffic will use Spartan Industrial Drive to enter and exit the property.  Virgil is concerned about the width of the parking lot that will host the vacuum center and traffic flow, he questions if there will be enough room for both functions.  

Jodi Sherman voiced her concerns about the reduced setbacks.   

Motion by Sherman, supported by Hartgerink to approve the site plan review for Stay Clean Inc. located at 2959 44th Street with the following conditions 1) building elevations provided for file 2) sign plans shall be approved by city staff 3) trees should be 2.5 inches in diameter 4) copy of the ingress/egress easement shall be provided to the city 5) comments from DPW and City Engineer shall be incorporated in revised plans 6) separate sign permit required for site signage 7) Final utility connections are subject to Department of Public Works and City Engineer approval 8) a reduced front yard setback of 8 feet from 20 feet is permitted.  The motion passed unanimously.  

3.         Mixed Use - Discussion  

Dan reviewed the modified MPUD language which incorporated some suggestions and comments made at the sub-committee meeting.  Areas of discussion were:

·        Mixed use developments focusing more on an urban design that emphasizes pedestrian-based traffic.

·        The City Council public hearing that is held for PUD’s would be eliminated, thus leaving MPUD’s to only conduct one public hearing at the Planning Commission level.  However, the City Council still has the right to request a public hearing when they feel it may be necessary.

·        Minimum parcel size of 5 acres may be reduced for individual proposals in sensitive areas. 

Virgil Leatherman asked if the conditional rezoning should be addressed in our zoning ordinance.  Dan will check with Randy Kraker and get back to the Planning Commission.  

Virgil Leatherman asked if the trailer park site can have limited traffic access for the service drives.  Staff will have Pete LaMourie draw up a plan for the overall vision of 28th Street.  

Virgil Leatherman asked that staff get comparables from other cities regarding the maximum percentages of net area that can be used for district uses not permitted in underlying zoning.  More specifically the concern is with multistory buildings and how high one may go.  

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 Sherman, supported by Maas to adjourn.  The motion passed unanimously.  The meeting adjourned at 8:45 p.m.  

Debby Descheneau

Recording Secretary

 

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