Minutes of the regular meeting of the Georgetown Township Planning Commission, held Wednesday, December 20, 2000

Meeting called to order by Chairman Honderd at 7:30 p.m.

Present: Jansma, DeGood, South, Noe, Huizinga, Poskey, Honderd

Absent: none

#001220-01 - Agenda for December 20, 2000

Moved by Jansma, seconded by DeGood, to approve the agenda for December 20, 2000, as presented.

MOTION CARRIED.

#001220-02 - Minutes of the November 15, 2000 regular meeting and the December 6,

2000 work session meeting

Moved by Noe, seconded by South, to approve the minutes of the November 15, 2000 regular meeting, as submitted.

MOTION CARRIED.

Moved by Jansma, seconded by DeGood, to approve the minutes of the December 6, 2000 work session meeting, as submitted.

MOTION CARRIED.

#001220-03 - Unfinished Business Special Use Permit (SUP0018) AT&T Wireless

Services, 30150 Telegraph Rd., Bingham Farms, is requesting permission to have a commercial wireless communication tower, under Section 8.3(O) and 7.3(B), on a parcel of land described as P.P.# 70-14-36-100-044, in a (RR) Rural Residential District, located at 559 Barry.

Matt Jursen represented the applicant and explained that a survey was needed before a revised site plan can be submitted.

The chairman read a letter of opposition, which stated that a second tower would be detrimental to the area. It was clarified that the existing tower would be removed before the new tower would be constructed.

The chairman opened the public hearing because the request has been advertised.

Stanley Sterk, 7890 Cottonwood Dr., stated that it would be a replacement tower.

The chairman adjourned the public hearing, so it could be reopened at a future date.

Moved by Jansma, seconded by South, to table the request.

MOTION CARRIED.

#001220-04 - Special Use Permit (SUP0020) Don Mulder (representing Jenison Christian

Reformed Church), 8574 Rivercrest, is requesting to have a church, under Section 8.3(A), on a parcel of land described as P.P.# 70-14-11-400-001, in a (LDR) Low Density Residential District, located at 8355 10th Ave. and 8360 Cottonwood (not advertised for public hearing)

The request was not addressed because the applicant has not returned with a revised site plan and the request was not advertised.

#001220-05 - Special Use Permit (SUP0021) R.V. Tech (David Stevens), 6558 Kenowa Ave.,

is requesting permission to have an open air business, under Section 16.3(H), on a parcel of land described as P.P.# 70-14-22-450-004, in a (HS) Highway Service Commercial District, located at 2034 Chicago Dr. (not advertised for public hearing)

The request was not addressed because the applicant has not returned with a revised site plan and the request was not advertised.

#001220-06 - Special Use Permit (SUP0022) TCT of Michigan, 10290 48th Ave., Allendale, is

requesting permission to have a radio or television broadcast facility, including towers, studios, and ancillary facilities, but not including outdoor storage areas, under Section 6.3(I), on a parcel of land described as P.P.# 70-10-31-100-013, in a (AG) Agriculture district, located at 10290 48th Ave. (not advertised for public hearing)

The request was not addressed because the applicant has not returned with a revised site plan and the request was not advertised.

#001220-07 - Preliminary Plat of Hager Park West No. 3

Ron VanSingel, Nederveld and Assoc., represented the applicant and presented the request. He stated that the streets would be dedicated to the public and that all lots meet or exceed the LDR requirements of the ordinance. He noted that the plat included an additional 5 acres. There will be a large common general park area. There will be signs and a landscaped berm. All revisions noted at the work session have been addressed.

There was discussion about the lakes and slope, which is 3 to 1. It was noted that the lake would have two tiers.

The chairman opened the public hearing.

Stanley Sterk, 7890 Cottonwood Dr., asked if the western boundary extended to Bauer Rd. and was told that it did.

The chairman closed the public hearing.

Moved by Huizinga, seconded by Jansma, to recommend to the Township Board tentative Preliminary Plat approval of Hager Park West No. 3, as shown on the plan dated revised 12-12-00, with the condition that the future lake/storm water detention areas be graded at a slope of at lease 3:1.

MOTION CARRIED.

Moved by Jansma, seconded by DeGood, to recommend to the Township Board tentative Preliminary Plat approval of the revised layout of Hager Park West, as shown on the plan dated revised 12-12-00.

MOTION CARRIED.

#001220-08 - Ordinance Amendments Sec. 25.9, 29.3, 29.4, 29.5

The amendments are proposed to address issues in the office regarding confusion over a zoning Certificate of Occupancy and a building Certificate of Occupancy. Also, the ordinance only required a building permit for a sign and the amendment will add the requirement of a sign permit.

The chairman opened the public hearing. No one was present to speak on this topic. The chairman closed the public hearing.

Moved by Jansma, seconded by DeGood, to recommend to the Township Board approval of the ordinance amendments to Sec. 25.9, 29.3, 29.4, 29.5 as follows:

Sec. 25.9 BUILDING PERMIT AND ZONING SIGN PERMIT.

A building permit shall be required for the erection, construction or alteration of any sign of area exceeding twenty (20) square feet, and a Zoning Sign Permit shall be required for all signs not specifically exempted in Section 25.4, and all signs shall be approved by the Zoning Administrator as to their conformance with the requirements of the Zoning District in which they are located and the requirements of this Section.

Sec. 29.3 ZONING COMPLIANCE PERMITS CERTIFICATE.

  1. No building, structure, or item shall be erected, altered, or moved, and no use be commence, unless a Zoning Compliance Permit Certificate shall have been issued for such work or use by the Zoning Administrator.
  2. Except upon written order of the Zoning Board of Appeals, no Zoning Compliance Permit Certificate shall be issued for the erection, alteration, or use of any building or structure, or for the use of any land which is not in accordance with all provisions of this Ordinance.
  3. A record of all Zoning Compliance Permits Certificates issued shall be kept on file in the office of the Zoning Administrator.

  1. No vacant land shall be used and no existing use of land shall be changed to a different class of use unless a Zoning Compliance Certificate Permit is first obtained for the new or different use. (revised 1-24-2000)

Sec. 29.4 CERTIFICATE OF OCCUPANCY ZONING COMPLIANCE CERTIFICATE FOR RESIDENTIAL BUILDINGS.

(A) No dwelling, building, part of a building, or mobile home, subject to the provisions of this Ordinance, shall be occupied or used until the Zoning Administrator has issued a Certificate of Occupancy Zoning Compliance Certificate to the owner of such dwelling, building, or mobile home. Further, no change of occupancy, tenancy, or use shall be permitted within any non-residential building until a Certificate of Occupancy Zoning Compliance Certificate has been issued to the owner of such building in accordance with Section 29.5. At least three (3) Township working days prior to being ready for use or occupancy, the owner shall notify the Zoning Administrator who shall be assured himself that the building is in proper conformity and, if so, issue a Certificate of Occupancy Zoning Compliance Certificate, in two (2) copies. One (1) copy may be retained in the Zoning Administrator's files. One (1) copy shall be returned to the owner. If a certificate or application is disapproved for cause, the owner or applicant shall be so notified in writing. (Revised November 1997)

(B) If, at the time the Certificate of Occupancy Zoning Compliance Certificate has been requested, any requirements of this Ordinance or other conditions of approval have not been complied with due to circumstances beyond the applicant's control, as determined by the Zoning Administrator, a Temporary Certificate of Occupancy Zoning Compliance Certificate may be issued.

(C) Such Temporary Certificate of Occupancy Zoning Compliance Certificate shall MAY not be issued until the applicant has provided the Township with a letter of credit, performance bond, cash deposit, or other financial guarantee acceptable to the Township Board in an amount established by a qualified estimator, equal to the cost of the unfinished improvements which may include but not be limited to drives, walks, utilities, landscaping, parking lots, fences, and other site improvements.

(D) The Temporary Certificate of Occupancy Zoning Compliance Certificate shall expire six (6) months after the date of issuance, or upon completion of the required improvements, whichever comes first. If the required improvements have not been made by the date of expiration, the financial guarantee shall be forfeited and the Zoning Administrator shall cause the improvements to be made.

Sec. 29.5 CERTIFICATE OF OCCUPANCY ZONING COMPLIANCE CERTIFICATE FOR NON-RESIDENTIAL VACANT BUILDINGS.

No vacated building, except residential structures, shall be occupied or used until such time as the Certificate of Occupancy Zoning Compliance Certificate has been issued by the Zoning Administrator or such other Township official as may be designated by the Township Board from time to time.

(A) An application for Certificate of Occupancy Zoning Compliance Certificate may be made by the owner, lessee, or proposed occupant or lessee, or owner at any time that the building is vacant or within thirty (30) days prior to the proposed vacation of the building. The application shall be include information as to the proposed occupancy and the intended use of the property, and shall grant to the Zoning Administrator the right to make an inspection of the building.

(B) The Zoning Administrator shall issue a Certificate of Occupancy Zoning Compliance Certificate if the building and its proposed use, including the site, are in proper conformity with this Ordinance, and with the provisions of the Georgetown Township BOCA National Building Code Ordinance, as amended.

(C) If a Certificate or application is disapproved for cause, the owner or applicant shall be notified in writing and such notice shall contain the reasons for disapproval.

(D) If, at the time the Certificate of Occupancy Zoning Compliance Certificate has been requested, any requirements of this Ordinance or other conditions of approval have not been complied with due to circumstances beyond the applicant's control, as determined by the Zoning Administrator, a Temporary Zoning Compliance Certificate Certificate of Occupancy may be issued.

(E) Such Temporary Zoning Compliance Certificate Certificate of Occupancy shall MAY not be issued until the applicant has provided the Township with a letter of credit, performance bond, cash deposit, or other financial guarantee acceptable to the Township Board in an amount established by a qualified estimator, equal to the cost of the unfinished improvements which may include but not be limited to drives, walks, utilities, landscaping, parking lots, fences, and other site improvements.

(F) The Temporary Zoning Compliance Certificate Certificate of Occupancy shall expire six (6) months after the date of issuance, or upon completion of the required improvements, whichever comes first. If the required improvements have not been made by the date of expiration, the financial guarantee shall be forfeited and the Zoning Administrator shall cause the improvements to be made.

MOTION CARRIED.

#001220-09 - Other Business-Master Plan Amendment

The chairman opened the public hearing.

Mike Dolce, 6801 Gettysburg, submitted two letters. He said that he would like his land, which is located at Baldwin St., and 48th Ave. to be zoned commercial. He stated that he had spoken with Henry Hoffman, Blendon Township supervisor, who was not opposed to commercial zoning in the Georgetown Township area that bordered Blendon Township. He noted that Blendon Township intends to update their Master Plan within a year.

It was noted that the area of Baldwin St. and 48th Ave. was not a location that the Planning Commission wanted commercial development in the future because other areas were designated for commercial. In addition, commercial activities would tend to expand to encompass more area. Also, commercial at that area was not advisable because 48th Ave. will become a major corridor in the future.

Jon Hulsing, 1263 Astro Ct., asked if this would affect the Boynton project and suggested that the Master Plan amendments not be adopted until after the Board acted upon the Boynton project.

It was explained that the Bend in the River area had been studied by the County and the proposal for the area meets the future guidelines for the area. It was explained that the Master Plan is merely a guide for future development and was not a legally binding document, like the current zoning map.

Mike Dolce stated that there already is commercial on 36th Ave., Bauer and 48th Ave., and on Port Sheldon, and he asked that the Planning Commission consider commercial for his property.

It was noted that 36th Ave. was considered better for commercial zoning and that 48th Ave. would be an arterial connector, especially because of the traffic from Grand Valley State University. It was noted that Blendon Township would revise their Master Plan within a year.

Moved by Jansma, seconded by Noe, to adopt the amendments to the Master Plan as follows and ask the Board to endorse the amendments:

 

MOTION CARRIED.

#001220-10 - Unfinished Business Special Use Permit (SUP0009)

Nathan Boynton, 1129 Taylor St., is requesting permission to have a commercial campground and marina, under Section 6.3(K) and 6.3(T), on parcels of land described as 70-14-02-400-011, -018, -013, -006; 70-14-02-200-005, -006, and -007, in a (RR) Rural Residential district, located at 8900, 9300, and 9400 12th Ave. and 1025 and 805 Taylor St. (advertised 12-12-00 for public hearing on 12-20-00, to be on the Board agenda on 1-8-01)

Ron VanSingel, Nederveld Assoc., represented the applicant and presented the request. A narrative was submitted (copy on file). He stated that the land has been mined and the mining would not be complete for about seven to eight years. The campground and marina will be private and membership required to enter. The main entrances will be manned. All buildings will match in color and design, with an old rustic-type look. The number of parking spaces exceeds the requirements of the ordinance. Details were provided for the entrance sign on Taylor St. All roads will be paved. Walking trails will link areas. Sidewalks will be provided around the store and restaurant.

John Scholtz, Ottawa County Parks and Recreation Director, said that the project blends well with the Bend in the River Master Plan. He said that although he could not determine if the project was appropriate for the community, he said that the Boynton project would co-exist and be complimentary to the future proposed park for the Bend in the River area.

It was noted that the Boynton project was adjacent to Wallinwood Golf Course and blended well with it.

The applicant stated that the campground and marina would generate traffic during the non-school season and it would only generate 1/3 of the traffic compared to an average household.

The applicant stated that according to Ottawa County traffic counts, projected increases on 10th Ave., Cottonwood, and Fillmore St. would not come closed to allowable increases on these roads. The 12th Ave. access has been eliminated. Dry hydrants have been provided and emergency vehicles can retrieve water. He said that the proposal would not strain the school system as residential developments would. Also, the applicant received a letter from the airport stating that campfires would not be a determent. He said that the prevailing winds would carry the smoke away from the neighboring residential district. The applicant stated that he had checked with the Fire Department and over 100 fire permits had been taken out by people in the neighboring residential district during the last year. Also, the project would take mining trucks off the road.

The chairman opened the public hearing, which had been re-advertised and property notices had been sent out for the second time.

Allen Thigpen, 8727 Lumina Ct., asked if the use, if approved, could be expanded. He was told that the special use permit would be approved only for the parcels listed in the application and advertisement. The applicant would have to return for an additional special use permit for any additional parcels if the project would be expanded onto neighboring parcels. Allen Thigpen also asked about the definition of the word "harmonious," as used in the general standards for a special use permit. He was told that the determination of the use being "harmonious" was a judgement call made by the Planning Commission after the application is thoroughly reviewed.

In response to a comment regarding water pressure, the chairman stated that the Planning Commission does not deal with such issues, which should be handled by the Township Office.

Stanley Sterk, 7890 Cottonwood Dr., stated that this was the lowest point in the Township.

Allen Thigpen stated that a traffic study was not done by an outsider and that the applicant took available information from the County. He stated that the project would not generate much additional traffic during peak hours, but people will live there and have to commute to work, which will add traffic on Cottonwood Dr. He asked how the applicant intended to keep the general public out.

The applicant stated that there would be access gates and people would have to be registered through the office to use the facilities. He added that this would not be a compound and that pedestrian traffic from the neighboring area would probably use the tennis courts and basketball courts.

Allen Thigpen stated that this was not the best use of the land.

It was noted that the determination of the best use of the land was not a standard for a special use application. That determination was used for a rezoning application; however, this application did not consist of a rezoning request and the proposed use was allowed in the current zoning district with a special use permit. Therefore, the "best use of the land" determination was not relative to the discussion of a special use permit.

Allen Thigpen stated that he was opposed to the project.

Jon Hulsing, 1263 Astro Ct., stated that he was opposed to the proposal. He said the retail sale of beer would increase at Meijers if the project was approved. He said that the plans were inadequate. He said that there was a consensus that there were traffic concerns. He said that for ingress and egress Fillmore St. should be extended to 12th Ave. and an entrance should be located there.

It was noted that the applicant did not own the land to extend the entrance to Fillmore St. It is owned by the County and that plan was not feasible.

Gary Schenk, 601 Three Mile Rd., attorney representing Jim and Arlene VanSingel, stated that the members of the Planning Commission have as choice to determine if the proposal is "harmonious" with the surrounding area. He said that this is one area where they can exercise their judgement. He said that the campground would generate as much traffic as a residential development.

Carole Lindeman, 8778 Chevelle, said that there were security issues. She said that Grand Rapids Gravel had locked gates and it was still difficult to keep out dirt bikes and people. She asked if the restaurant would serve alcohol and was told that was not an issue for the Planning Commission. She stated that she was concerned that golfers would park their carts and go to the restaurant for drinks.

Bob Schellenberg, 575 Wallinwood Lane, stated that golfers can not leave the golf course in the middle of a golf game. He said that he lives by the clubhouse for Wallinwood Golf Course and that it is an asset. He said that it is harmonious with a residential area and that the campground and marina would also be harmonious. He said that he supports the project.

Jack Klawiter, 2230 Fillmore St., said that he bought 3 acres years ago to keep his neighbors away. He said that the project would be harmonious with Berger Estates. He said that he has had to put up with the traffic from Berger Estates since it was built.

Stanley Sterk, 1178 Cottonwood Dr., stated that the campground has been planned since the late 70's, which was before Berger Estates had been built. He said that Fillmore could not be extended as an entrance to the campground because Boynton does not own the land. He said that the density is 100 units per 200 acres, compared to the equivalent of two-plus per one acre in Berger Estates. He said that he lives on Cottonwood and has a difficult time turning left because of the traffic from Berger Estates. He said that the problem began in 1988 when people started moving into Berger Estates. He stated that he is the chairman of the Township Mineral Mining Board and has been looking for a positive reclamation plan for the gravel pits in the area and this is a good one.

Joe Dombrowski, 8781 Astro Dr., stated that a golf course is an asset if it is upscale and the campground would be an asset if it is upscale. He said that the marina would be upscale and would be an asset. He said that the project would be an improvement for the area.

Gordon Toering, 1271 Astro Ct., stated that Section 20.3 of the Township Zoning Ordinance gives the Planning Commission discretion. He said that he has two concerns, traffic and fire pits. He said that there should be community fire pits.

Barb White, 8742 Rivercrest, asked what would happen if the lots were not sold and whether the campground would become open to the public.

It was noted that the special use permit can contain conditions and that if the conditions were not met the applicant would have to return to the Planning Commission or the special use permit could be revoked.

Kim Finses, 1115 Lumina Dr., stated that the proposed lights to the entrance would not be harmonious.

Richard Klute, June Hills Dr., Grand Haven, stated that he is a former resident and intends to return to the area. He said that he plans to retire here and he is in favor of the proposal because it would be good for families and good for the community. He said that the only real concern is the traffic and that could be addressed.

Henry VanderVeen, 8114 Weatherwax Dr., stated that people wait longer at a traffic light than they do to exit onto Cottonwood.

Dirk Neinhuis, 8341 Wallinwood Springs, said that it is a good use of the land.

The chairman noted that several letters had been receive and they were read (copies on file).

The chairman closed the public hearing.

Ron VanSingel stated that campers were not necessarily beer drinkers because many families camped. He said that the intention was not to light up the whole area, but to only light necessary areas for safety-type standards. He said that there would not be any specific tent camping spots. He said that the campground would be set back so as many trees as possible could remain. He said that no permanent development could be constructed at this site because it is in the flood plain. He said that the site would be open to members only and that an identification system would be put in place at the entrances.

Moved by Poskey, seconded by DeGood, to remove the item from the table.

MOTION CARRIED.

Moved by Poskey, seconded by Noe, to recommend to the Township Board approval of Special Use Permit (SUP0009) Nathan Boynton, 1129 Taylor St., permission to have a commercial campground, under Section 6.3(K), on parcels of land described as 70-14-02-400-011, -018, -013, -006; 70-14-02-200-005, -006, and -007, in a (RR) Rural Residential district, located at 8900, 9300, and 9400 12th Ave. and 1025 and 805 Taylor St., after notice of the public hearing was advertised in the Grand Valley Advance on December 12, 2000, notices of the public hearing were sent to property owners within 300 feet of the site on December 7, 2000, and after a public hearing was held on December 20, 2000, and because the request does meet the general standards of section 20.3 as follows:

    1. 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 and that such a use will not change the essential character of the area in which it is proposed.
    1. Be served adequately by essential public facilities and services such as highways, streets, police, fire protection, drainage structures, refuse disposal water and sewage facilities, or schools.
    1. Not create excessive additional requirements at public cost for public facilities and services.
    1. Not involve uses, 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.

and because the request does meet the specific site design standards of section 20.4(F) as follows:

Planning Commissions gave the following reasons for the determination that the request meets the standards:

Moved by Poskey, seconded by Noe, to amend the motion to include the requirement that a legal description of the campground be provided.

MOTION CARRIED.

MOTION AS AMENDED CARRIED.

Moved by Poskey, seconded by Jansma, to recommend to the Township Board approval of Special Use Permit (SUP0009) Nathan Boynton, 1129 Taylor St., to have a marina, under Section 6.3(T), on parcels of land described as 70-14-02-400-011, -018, -013, -006; 70-14-02-200-005, -006, and -007, in a (RR) Rural Residential district, located at 8900, 9300, and 9400 12th Ave. and 1025 and 805 Taylor St., after notice of the public hearing was advertised in the Grand Valley Advance on December 12, 2000, notices of the public hearing were sent to property owners within 300 feet of the site on December 7, 2000, and after a public hearing was held on December 20, 2000, with the condition that a legal description of the land be provided, and because the request does meet the general standards of section 20.3 as follows:

It was noted that the previous reasons for finding compliance with the general standards of the ordinance are the same for this motion.

MOTION CARRIED.

Moved by Jansma, seconded by Poskey, to table the site plan.

MOTION CARRIED.

#001220-11 - Adjournment

The chairman adjourned the meeting at 10:55 p.m.