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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:                Steve Maas, Virgil Leatherman, Bob Poll, Craig Nicely, Dave Zondervan, Randy Hartgerink and Jack Bengtson  

ABSENT:                   Bob Poll  

ALSO PRESENT:     Dan Johnson, Assistant City Manager

Debby Descheneau, Personnel Assistant  

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

Motion by Bengtson, seconded by Maas, to approve the minutes of the March 1, 2006 meeting and the minutes of the Special Meeting March 22, 2006 as presented.  The motion passed unanimously.  

OLD BUSINESS:  

1.         Land Use Variance – 4041 44th Street SW  

Dan Johnson reminded the Planning Commission that John Najar asked to come before them to provide information requested by the Commission at the February meeting in order for the Commission to provide a report to the Zoning Board of Appeals.  Dan informed the Commission that the information they received from John was not turned in on time to go with the packet and staff did not have adequate time to review.  

John Najar came before the Commission to note Tom Stranz of Hope Network, Chris Beckering of Grubb and Ellis, and Ross Pope of Redstone Development were here to answer specific questions on their involvement in the property and proposed project.  

Tom Stranz, 3389 Shoshone, stated that he is in support of the project put together by John Najar.  Hope Network purchased the property August 13, 1990 and operated as an adult living facility until 2000.  The property has been for sale since 1998.  Many reasonable offers that fit within the Master Plan Use for the property have been brought before the Planning Commission and City Council.  All have failed due to approval at one level of the city approval process and as a result Hope Network, a 100% non-profit corporation, is paying taxes at the commercial improved rate with a 2006 SEV rate of $242,000, along with paying insurance and utility cost.  Hope Network does not have a use for the property in its current zoning.   

Chris Beckering, Grubb and Ellis, 300 Ottawa Ave NW, Suite 400, Grand Rapids, MI 49503, noted there has been a lot of interest in the property all of which has been in office and/or retail use for development.  There has been no interest in residential development for this piece since Grubb and Ellis has had the property listed.  The property has been under contract at least three times in the last two years with no successful closing.  Prospective buyer’s initial interest has been discouraged by the City Council’s “not in compliance with the adopted Master Plan” which has really devalued this property.  The development patterns in this area have ultimately resulted in increased average speeds and increased traffic counts rendering the property not desirable under the existing zoning.  Chris feels this proposed use is a very community friendly mixed use, infill buffer that the neighborhood can be proud of.  

Rose Pope, Redstone Development, 105 West Exchange Street, came before the Planning Commission to answer any questions regarding the development of the proposed bank.  Ross noted the property was marketed to Bank One as office because of the Master Plan.  

Steve Maas asked if GW DeHaan had the listing before Grubb and Ellis and how long did they have the property listed.  GW DeHaan had it from 1998, Grubb and Ellis took over the listing in 2001 or 2002.   

Jack Bengtson asked that he remained abstained from discussion and vote on this request.   

Virgil Leatherman asked John Najar what exactly he wanted them to review in the packet provided by him.  John noted the main point of reference was the studies that reflected this piece of property would be zoned office in the future.   

Randy Hartgerink noted the Planning Commission has voted 7-0 on the PUD before.  

Dave Zondervan asked if the Planning Commission should take into consideration that the Master Plan is being revisited.  Dan informed the Commission that they should measure this request against the current zoning.   

Dave Zondervan said he doesn’t see a reason why this project shouldn’t go forward.  

Virgil Leatherman feels we should make a recommendation to the Zoning Board to move forward with the request.  

Randy Hartgerink stated the property has been marketed for an extended period of time, if an institutional use wanted to be there it would have already happened.  He also noted the proposed project is still ¾ residential.  

Chairman Nicely allowed Bruce Poeder to address the Commission.  

Bruce Porter, 4103 44th Street, stated he was against the development of this project.  He is upset the project keeps coming before the Planning Commission after being defeated by the elected officials.  Bruce referenced comments made by Councilman Gates and Councilwoman Pettijohn at the December 2005 meeting regarding citizen opposition for this project.  Bruce stated he knows this piece of property can be developed as a senior living center and mentioned the applicant has had interest.   

Steve Maas noted the purpose of tonight’s meeting is for the Planning Commission to report back to the ZBA if they feel the property can not reasonably be used in a manner consistent with the existing zoning.   Steve is not convinced that the property can not be used consistent with the current zoning and feels there are opportunities for institutional uses.   

Dan Johnson reminded the Commission the applicant is within his rights.  A denial at the City Council level does not mean the request is done, the City of Grandville’s Zoning Ordinance allows him to pursue this at the ZBA.  

Jack Bengtson questioned Bruce Poeder’s comment that the applicant has had assisted living interest.  John Najar noted it could be put on the property, or any property for that matter, but he is not familiar with that type of program.   

Chris Beckering noted changing the zoning would have a profound impact on the existing property owner’s value.  As for the need or demand of institutional use, Hope Network is one of the largest institutional type users in the State of Michigan with a wide array of different applications.  The reason the property is no longer being used for institutional purposes is because they lost their funding like many other institutional uses have over the past decade.  In regard to calls on the property, Grubb and Ellis fields a lot of calls on the property.  There is no doubt there is interest in the property for a variety of uses, but when you look at the uses as it relates to zoning, even uses by right, there is a very low demand.  Chris also asked about the mention of contract zoning and attaching conditions to a use.  

Dan Johnson noted he was not referring to contract zoning rather he was referring to a Planned Unit Development, which can have conditions attached to it.  This request is for a rezoning through a PUD ordinance.   

Dan Johnson asked Chris Beckering what the Master Plan designation was when Hope Network purchased the property.  Chris is not sure, but will get an answer back.  Dan asked about the former institutional use on the property.  Tom Stranz noted it was a church with a special use variance to use it for the day program service which expired.  Dan asked what the asking price of the property was.  Chris replied $650,000.   

Randy Hartgerink feels the applicant should provide substantial evidence that the property does not have a lot of interest in the area of institutional uses.   

Chris said he could provide examples of institutional uses that have expressed interest but have chosen not to proceed.   

Steve Maas would like to also know why the applicants choose not to proceed.  For example were they given reasonable time.  

Dave Zondervan suggested staff put a report together and bring it back to the Planning Commission next month.   

Tom Stranz noted Hope Network is the largest institutional use in the state with a huge range of settings none of which meet the best criteria.  Many assisted living facilities on the market.  If there was a reasonable project that could meet a reasonable price Hope would pursue it.  

Steve Maas mentioned that Grand Heritage Manor has a waiting list for senior residents.  

Chairman Nicely directed staff to create a draft report to the ZBA for the Planning Commission to review at the next meeting.  The report should include facts on the real estate, project presented as in the PUD, the Commission feels this is a good project and the majority of the Commission feels this property can not be used under its current zoning.   

2.         Master Site Plan Review – 4375 Canal Avenue – Amson Dembs  

Dan Johnson reviewed the Master Site Plan comments and noted Amson Dembs is ready for Master Site Plan approval and Site Plan Reviews.   

Jeffery Pitt – Amson Dembs Development, 26105 Lannys Road, Suite A, Novi, Michigan 48375 – came before the Planning Commission to answer any questions.   

Chairman Nicely asked if all the conditions on the review could be met.  Jeff stated there is no issue with engineering or development agreements and has directed the lighting have shields.  

Jack Bengtson suggested evergreens instead of leafy trees, as well as more landscaping, along the back side of the property to provide a nicer visual effect for the businesses to the north.  

Jeff Pitt reviewed materials for the building, they include split face block for the bottom, windows, brick, stone and painted brick in the back with awnings on the windows.   

Jack Bengtson suggested the light poles on Canal be a lower height.  

Jeff Pitt mentioned he could accommodate what the Planning Commission felt was most appropriate.    

Chairman Nicely allowed Kim Hain, member, Canal Pointe Ventures LLC, representing property to the north of the project, to speak.  

Kim Hain mentioned he is concerned about the appearance of the north side and would like to see the building relocated.  

Chairman Nicely suggested the painted brick be changed to match the rest of the building therefore giving the building four sides.   

Randy Hartgerink suggested landscaping buffers between doors on north side along with some storage.  Randy also feels it is important to look at the traffic studies again.   

Virgil Leatherman feels a decel lane should be added now not later when deemed necessary. 

Jack Bengtson suggested a sidewalk into the site from Canal.  

Dan noted the elevations presented tonight are for the main building.  The remainder buildings are also four sided buildings and the Planning Commission may want to reserve the right to approve the appearance of those buildings in the future or state now there should be a consistent theme throughout the site.  

Motion by Maas, seconded by Hartgerink to approve the Master Site Plan for 4375 Canal Avenue with the following conditions:  1) comments from City Engineers and the Department of Public Works addressed 2) a decel lane for southbound traffic installed based on city standards 3) shields placed on all lighting around the site 4) building materials should be consistent on all four sides of all the buildings 5) future approval by the Planning Commission of any future stand alone buildings 6) incorporation of the City Council development agreement for the lift station on Canal, installation of a traffic signal at 44th and Canal, and landscaping improvements on 44th Street west of Canal 7) additional landscaping along the north side of the building.  The motion passed unanimously.  

Virgil Leatherman strongly suggests the tenants do not use the back side of the building as storage.   

NEW BUSINESS:  

1.         Site Plan Review – 4375 Canal Avenue – Amson Dembs  

Dan Johnson reviewed the Site Plan comments for 4375 Canal Avenue.  It was mentioned the Planning Commission can reduce the front yard set back along 44th Street if they feel significant landscaping is in place.  

Steve Maas feels reducing the front yard setbacks along 44th Street from 20 feet to 10 feet is appropriate.    

Virgil Leatherman questioned the height maximum for the freeway sign.  Dan replied 75 feet.   

Chairman Nicely suggested all landscaping areas be irrigated.  

Chairman Nicely suggested the applicant work with staff on pedestrian access to the interior of the site coming from the sidewalk along Canal.  

Motion by Bengtson, seconded by Zondervan to approve the Site Plan Review for 4375 Canal Avenue with the following conditions 1) Utility connections subject to Department of Public Works and City Engineer approval 2) separate sign permit required for site signage 3) Knox boxes shall be installed in all buildings per Fire Department requirements 4) all conditions from the Master Site Plan approval shall be incorporated 5) all landscaping shall be fully irrigated 6) reduced front yard set back from 20 feet to 10 feet along 44th Street 7) installation of sidewalks to interior of site.   The motion passed unanimously.   

OLD BUSINESS:  

3.         Master Plan Consultant – Discussion  

Dan Johnson reviewed the revised proposal from LSL which is now within the $35,000 budget.  LSL eliminated some meetings, maps, and documents, none of which are critical.    

Motion by Leatherman, supported by Zondervan to recommend onto the City Council the approval of LSL as the Master Plan consultant.  The motion passed unanimously.   

Dan Johnson mentioned the recommendation will go before the City Council at the April 24, 2006 meeting.   

NEW BUSINESS:  

2.         Use Consideration – 2605 Sanford Avenue – Recreation Use  

Dan Johnson reviewed this is a different recreation use than what was approved by the Commission over six years ago, therefore requires a separate approval by the Commission.   

John Demester of Battlefront Gaming and R/C came before the Planning Commission to state for their use they need a lot of space and reasonable rent, Industrial districts are the best places to find this combination.  John noted some activity will take place outside on a track.  

Steve Maas asked if they would be taking over current space from the roller hockey.  John stated the hockey area would remain the same.   

Steve Maas feels the hours are late.  

Jack Bengtson asked what type of cars would be used.  John replied gas (outdoors only) and electric.   

Jack Bengtson asked if there is a similar use in Grand Rapids now.  John replied no.   

Jack Bengtson asked how money is made.  John noted they will collect monthly fees, fees for individual races, fees for day passes, etc.  

Motion by Zondervan, supported by Maas to approve the recreational use of Battlefront Gaming and R/C at 2605 Sanford Avenue with the conditions outlined in the letter from Battlefront Gaming and R/C.  The motion passed unanimously.   

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 Zondervan, supported by Leatherman to adjourn.  The motion passed unanimously.  The meeting adjourned at 8:55 p.m.  

Debby Descheneau

Recording Secretary  

 

 

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