PC minutes 5-21-2003

The chairman opened the floor to public comments. No one was present to make comments on this item. The chairman closed the floor to public comments.

Moved by DeGood, seconded by Poskey, to approve the site plan dated 5/14/03 because it meets the ordinance requirements.

MOTION CARRIED.

#030521-04 - Special Use Permit (SUP0303) Veronica Pechumer, 7180 48^th Ave., is

requesting to have a daycare center, under Sec. 14.3(F), on a parcel of land described as P.P.# 70-14-15-, 200-024, located at 1919 (1941) Baldwin, in a (NS) Neighborhood Service Commercial district

The applicant submitted a letter asking to withdraw the request.

Since the application had been advertised for a public hearing, the chairman opened the public hearing. No one was present to speak on this topic. The chairman closed the public hearing.

Moved by DeGood, seconded by South, to accept the request to withdraw the application.

MOTION CARRIED.

#030521-05 – Planned Unit Development (PUD0301) Sunset Manor, 725 Baldwin St., is

requesting a Planned Unit Development for an independent and assisted living community with associated commons, service area, parking and open space, under Chapter 22, on a parcel of land described as part of P.P.# 70-14-22-400-006, located at 1751 Port Sheldon

The Zoning Administrator explained that the Ottawa County GIS system was used by the Township to assemble address lists to send out property notices to property owners within 300 feet. The system has a glitch because it does not recognize condo developments; therefore, property notices were not sent to the condo owners within 300 feet of the site. The omission was discovered on Friday, May 16, 2003, at which time the notices were sent out for the hearing on May 21, 2003 and for a hearing to be held on June 4, 2003 to meet the requirements of the law. It was noted that the public hearing should be held tonight for those that did receive the notices on time, and recessed until June 4, 2003, at which time the Planning Commission could take action.

Todd Stuive, Exxel Engineering, represented the applicant and presented the request. He said that the land owner, architects, and representatives from Sunset Manor were present. The project is located on a 35 acre parcel in the MDR district. The site is surrounded by MHR to the east, Industrial zoning to the north, and PUD and condos to the south. The site will have 234 units for independent living and 48 units for assisted living, totaling 282 units. The assisted living units are to be located on the lower floors in the east wing. Garages are proposed on lower levels for the independent living units. Some wings will be four stories and some three stories, with the common area in the middle to be one and a half stories. There will be two entrances, the main one on 18^th Ave. and the service entrance off Port Sheldon. Berming will be provided along 18^th Ave. and 44^th St., similar to that at Meadows East.

The PUD ordinance requires 20% of the area to be open spaces. The plan shows 9 acres of open space, which equals 25% of open space. The density is 8 units per acre, which is consistent with the Master Plan. Due to the previously noted concern with the four story wing, it has been changed to three stories. The number of parking spaces has been increased from 178 to 192 surface spaces and a future bank of 77 parking spaces is shown along the exterior ring road, to be available if needed. The parking calculation was based on a analysis of the true need reflected at the current campus. The sidewalks have been changed to the outside of the parking spaces so vehicles would not back out onto them.

Cornelia Hodgson, Dorsky Hodgson Architects, stated that the number of units was provided based on the density allowed. Minimum travel distances in the hallways were provided for the senior residents, resulting in four stories in some areas. A rendering was submitted showing dimensions of heights and the low pitched roof. The structures are to have low profiles.

A concern was noted regarding the calculations for the number of parking spaces provided. The applicant was directed to provide an analysis of how the number of parking spaces was determined.

Hodgson stated that the calculations were determined as follows: one space per 1,000 square feet of common area totaling 50 spaces; one space per independent living apartment totaling 234; .4 spaces for each assisted living unit, 48 units totals 20 parking spaces; .6 spaces for each employee, because they will not all be working at the same time, 117 employees totals 71 spaces. The calculation totals 375. The key issue appears to be car ownership and usage by the residents. For the assisted living units, parking spaces are only needed for visitors. The applicant stated that a typical usage of senior living would be provided.

It was noted that green space was preferable to parking spaces, but there should be enough spaces to accommodate the needed usage.

The chairman opened the public hearing.

Jim Jerkatis, 6787 12^th Ave., stated that his property borders Rush Creek and the area was once the Grand River bottom. He said that Rush Creek is the main drain and in 1975 the Township agreed to work with FEMA to make flood insurance available. He said in 1981 there was a 100 year flood. He asked about the fill for the project and how it would impact the floodway, floodplain, and the properties downstream. He said in 1993 they experienced flooding and that structures were required to be built one foot above the 500 foot flood plain.

A member of the audience stated that he represented the Rush Lake association and that they experienced problems with Rush Creek drainage.

Todd Stuive said that portions of the project are located in the flood plain and had an elevation of 608. He said that a 8.5 acre lake would be excavated within the floodplain providing cuts in excess of 1 to 1, and only 1 to 1 was required. He said that they would submit a proper application to the DEQ and an amendment to FEMA. He said that they would not be permitted to create any downstream affects and that was the reason for the compensating cuts. He said that the pond would serve as a detention pond. He said that he was not aware of requirements in regards to the elevation of the 500 year flood plain and that the structures would be 3.5 feet above the 100 year flood plain. He said that fill would be used on site.

The planner stated that the DEQ has the final authority over development in the flood plain. The Ottawa County Drain Commissioner would have to approve the plan and determine that there were no off-site impacts. The Township requires that the elevation must be at least one foot above the flood level.

Jerkatis said in 1981 it took seven minutes for Rushmore Lake to fill up. He said that it was handling more water. He said that he had planted trees to stabilize the banks of the creek and they are now going into the creek. He said that the volumes of water increase with more development upstream. He said that when the volumes of water increase, the banks of the creek become eroded. He said that in the early 1990’s, the Township granted permission to reroute around Rushmore Lake.

Curt Miedema, 822 Brentwood, stated that he represented the Rushmore Lake Association. He said that the creek was moving toward his house and the neighbors put up flood vents so their garage would not flood.

Jim Holtvluwer, Township Supervisor, said that he previously lived on Rushmore Lake and the Township built six holding ponds upstream. He said there was not flooding now. He said that Mr. Jerkatis’s problem was with the bridge. He said that the 9 acre holding ponds help the situation.

Marv Mastergen, 6376 Springmont Ct., stated that he had received a property notice and the map showed the parcel as including the land across 18^th Ave. He was told the project would only be located east of 18^th Ave., even though the property owner also owned the land west of 18^th Ave.

The chairman recessed the public hearing until June 4, 2003.

The applicant was asked where the excess fill would go from the excavation.

The applicant stated that no excess was expected and that the ultimate goal would to use in on the land zoned Industrial along Chicago Dr. The applicant was informed that if fill is removed from the site that a mineral mining license would be needed.

#030521-06 - Preliminary Plat of Corey Estates No. 2

Todd Stuive, Exxel Engineering, represented the applicant and presented the request. He said that the plat consists of 29 lots that conform to the LDR district. The lakes are being excavated. Lots 23 and 51 would not have access to 22^nd Ave. The extra information that was not needed on the plan was removed.

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

Moved by Jansma, seconded by DeGood, to recommend to the Township Board to grant tentative preliminary plat approval of Corey Estates No. 2, as shown on the drawing dated 5-14-03.

MOTION CARRIED.

#030521-07 - Preliminary Plat of Georgetown Shores No. 4

Todd Stuive, Exxel Engineering, represented the applicant and presented the request. The plan has been revised to show a gate at the emergency/construction entrance to prevent neighborhood traffic mixing with the truck traffic from the mining site. He said that the gate would be opened and monitored during regular business hours for the mining company. There would be signage stating that only construction traffic would be allowed to use the access. The Fire Department would have a key. A note was added that sidewalks would be installed as per Township ordinance.

A concern was noted regarding the long cul de sac without access to 18^th Ave. The question was raised as to why the gate would be locked when the business was not opened because there would be no truck traffic for the neighborhood traffic to mix with at that time. It was noted that it did not make sense to have the gate open during business hours when trucks from the mining company would be using the area and close the gate when the trucks were not using the area.

The applicant stated that they intended to monitor the traffic and only allow construction traffic to use the access. Neighborhood traffic would not be allowed to mix with the truck traffic.

It was noted that concrete and construction companies were not allowed to begin work before 7 a.m. according to the Township ordinance. They would be working the same hours as the mining company and would be allowed to use that access drive.

The applicant stated that during the hours the mining company was open, there would be a way of stopping people who should not be using the access.

One member of the Planning Commission stated that the emergency exit would stop a lot of unnecessary traffic mixing with the trucks and it would be better to leave it gated until the project was complete.

Another member asked why the applicant would not construct a public road and connect with Edson Dr. and 18^th Ave.

The applicant stated that neighborhood traffic would be mixing with the truck traffic all day long and they did not want to mix the traffic.

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

The applicant was given direction that most members of the Planning Commission recommended permanent access out of the plat.

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

MOTION CARRIED.

#030521-08 – Other Business-Tailored Lawn and Turf-2040 Chicago Dr.

The site received approval for a special use permit for open air business in 2001 and obtained a Certificate of Occupancy Dec. 2001. The site has NEVER been approved for a Temporary or Permanent Zoning Compliance Certificate because the site is still NOT in compliance with the site plan that the Planning Commission approved on 8-1-01. Last July they were sent a letter and required to post a bond for the remaining items that needed to be completed. By the date when the items were to have been completed, the site was still not in compliance. When the Township tried to collect on the bond, the bond was not any good. The Code Enforcement Officer has also been working with them and they were given more time to comply with the approved site plan because bad weather was coming (this was last fall).

Currently, the site STILL is NOT in compliance with the site plan. A letter that was sent to them and they were instructed to bring the site into compliance with the approved site plan by June 9, 2003 or a municipal civil infraction would be issued. The Planning Commission was informed that Sec. 20.2(D) of the Zoning Ordinance gives the Township Board the authority to revoke any special use permit if it has been shown that the holder of the approval has failed to comply with any of the applicable requirement in Chapter 20, other applicable sections of the ordinance, or conditions of the special land use approval. Prior to Board action, the Planning Commission is to hold a public hearing following the same procedure as the special use approval.

Members of the Planning Commission stated that they would do whatever was necessary to bring the site into compliance with requirements. It was noted that if the site is not in compliance by June 9, 2003, they would discuss beginning the procedure to revoke the special use permit.

#030521-09 - Adjournment

The chairman adjourned the meeting at 8:45 p.m.