PC minutes 6-4-2003

It was noted that the Fire Department had reviewed and approved the plan.

MOTION CARRIED.

#030604-02 – Unfinished Business Preliminary Plat of Georgetown Shores No. 4

Todd Stuive, Exxel Engineering, represented the applicant and presented the request. Mike Prelowitz, Ottawa Aggregates, was also present. The applicant stated that there had been discussions with the owners and they remain opposed to providing the roadway connections because they do not want to see the truck traffic mixing with regular traffic. They were opposed to the disruption of the gravel mining operation. They were making efforts toward completion and the end use. The anticipated end date is 2004. Lake excavation could possibly continue until 2005 and stockpiles should be removed by 2005. He said that an access had been provided for emergency vehicles and construction traffic. They were willing to commit to constructing the public roadway by 2005 to coincide with the completion of the gravel operation. They have submitted plans to the Ottawa County Road Commission and have received a verbal response. The Road Commission’s first choice was to have the roadway connected. However, they understood the concern with mixing traffic and were willing to consider the limited access if the owners granted the right-of-way for the connection to either the Township or the Road Commission and a financial security was provided.

The planner stated that their position had not changed from the last meeting and recommended that a public roadway should be constructed. He said that this would be the preferred route for the Fire Department. In addition, the trucks mix with other traffic at 18^th Ave. and Edson anyway.

The zoning administrator said that Brett Laughlin, Ottawa County Road Commission, stated that the Road Commission would go along with whatever the Township decided to approve. However, the Road Commission preferred that the roadway be completed, and if not, a monetary guarantee should be provided for the cost of completing the street and the right-of-way should be titled to either the Township or Road Commission. Brett Laughlin had said that the existing street already exceeds Road Commission standards and extending it would increase that non-conforming situation.

The chairman opened the floor to public comments.

Mike Prelowitz, Ottawa Aggregates, said that this was in the middle of the gravel pits and there was much traffic congestion. He said that the scale is about 150 to 175 feet south of the intersection and this was close to the congestion. He said that if the road was open to the public, not only people living on the street, but others would use the road and it would become even more congested. He said that due to safety issues the cars and trucks should not mix. He said that this situation would only be for a limited time. Next year the housing for this phase would start and there would only be one more year to be concerned with mixing traffic. He said that if an accident occurs, it won’t matter whose fault it is. He said that fire trucks would have access. He said that they would keep the public separate from the construction traffic. He said that there already was a cul de sac. He said that there does not have to be a gate. He said that they would donate and land and obtain a bond, if necessary. Their main concern is safety and keeping the traffic separate. He said that there is a slow flow of trucks and that they wanted to continue with this phase so that houses could be started.

The chairman closed the floor to public comments.

It was noted that there would be adequate fire protection access and the mining operation would be out by 2005. It was also noted that there would be liability if the gate was not locked and someone was injured. There was a concern with safety issues with truck traffic mixing with car traffic. Title to the land for the street should be given to the Township or Road Commission and a bond or letter of credit should be provided, if the road is not completed.

The chairman stated that the existing street already exceeded Road Commission standards and this situation would be increased with the additional phase. He said the best solution was to require that a public street was constructed. He said there was no difference if the truck traffic mixed at this point or at Edson and 18^th Ave. He said that the trucks do not stop or slow for a stop sign anyway. He said that there have only been two accidents in the past seven or eight years and they had only involved cars, not trucks. He said that a public street should be constructed.

It was noted that if the applicants were concerned with the truck traffic mixing with cars, the proposed phase of development could wait until 2005 and not create this situation in the Township.

Moved by Huizinga, seconded by Stasiak, to recommend to the Township Board tentative preliminary plat approval of Georgetown Shores No. 4, as shown on the drawing dated revised 5/30-2003, with the condition that the property for the road right-of-way from the west end of North Bay Drive to 18^th Ave. be deeded to either the Township or the Ottawa County Road Commission and that a monetary guarantee be provided for the construction of that portion of the roadway.

Yeas: Huizinga, Stasiak, Poskey, DeGood, South

Nays: Jansma

Absent: Honderd

MOTION CARRIED.

IV. New Business

A. Site Plans

1. (ST0306) RDI Development Co.-2950 Port Sheldon

Ron VanSingel, Nederveld Associates, represented the applicant and presented the request. The 14.11 acre site is located in the HDR district and originally a site plan was approved for apartments for 15 units per acre. The applicant is proposing to change the use from apartments to condominiums, with 121 units which equals 8.6 units per acre. Individual parking is available in attached garages and additional spaces are provided. Private streets are allowed in a site condo development and are 20 feet wide. A landscape plan was provided. Utilities are in Port Sheldon. There is an existing drainage course and onsite detention. Different types of units are available. The density, layout and setbacks meet the requirements of the LDR district. The plan shows only about half of the density that is permitted in this district.

Bob Deppe, Deppe Homes, stated that both apartments and condos could be built on this size property. He said that 211 units in an apartment complex would be permitted on this site. He said that for a parcel of this size he would have a hard time justifying a full time staff for apartments. He said that all units would have attached garages. Styles of condos include ranch, split level, and a two level. There are six different floor plans and sizes range from 775 to 1500 square feet. Prices range from $112,000 to $130,000. Landscaping around the perimeter of the site, as well as landscaping around each unit has been provided. Buffering is shown along Port Sheldon. Condos would either be daylights or walk-outs.

It was noted that individuals would have their own trash receptacles and exterior lighting should be shown. A concern was noted regarding a second access to the site. An access was shown to the private drive, but no easement is in place. There were maintenance and access concerns. The applicant was directed to look at a second access to Port Sheldon or on the southeast side to Balsam Dr. through the adjacent parcel.

It was noted that the last site plan for the parcel was approved with a right turn only exit on the east side. A release from the Ottawa County Drain Commission is needed.

The applicant stated that they have had conversations with the Drain Commissioner’s office and a letter will be supplied. He stated that they had met with Township staff and were aware that a second access would most likely be required. An additional emergency exit was provided on the west side using the Township’s drive to the athletic complex. He said that they were trying to eliminate curb cuts on Port Sheldon. He said that there were many single access points on the other side of Port Sheldon. In addition, the density was reduced almost to half of what had previously been approved. There will only be 121 units to funnel traffic.

It was noted that the amount of trips per day for condos was considerable less than for single family developments and less even than apartments.

Members of the Planning Commission stated that they preferred a second access to distribute the load and to provide access.

The applicant stated that there were only 121 units and more traffic would be created with two accesses. He said that they preferred to limit the curb cuts on Port Sheldon.

The chairman stated that the Planning Commission had the same conversation with the previous applicants for the same site.

Jim Holtvluwer, Township Supervisor and a member of the audience, stated that he prefers that the development only has one driveway. He said that it would be preferable for the traffic to back up on the site rather than have another access. He said that they could tie into the land owned by Ottawa County, but would need permission from them.

B. Public Hearings

1. Special Use Permits

a. (SUP0304) Auto Vision, Lou Toth, 16933 Woodside, Livonia, is requesting to have a vehicle service station, under Sec. 15.3(C), on a parcel of land described as P.P.# 70-14-13-300-069, located at 550 Baldwin, in a (CS) Community Service Commercial district

No one was present to represent the applicant; therefore, the request was not discussed.

2. Rezonings

a. (REZ0303) To change from (RR) Rural Residential to (LDR) Low Density Residential parcels of land described as P.P. #70-14-36-200-044, -034; and 70-14-36-100-040, -036, -037; and 70-14-25-400-018, located at 5553 Kenowa, 341 Barry, 407 Barry, 405 Barry, 5713 Kenowa

Doug Stalsonburg, Exxel Engineering, represented the applicant, Rex Troost, and presented the request. He said that Dave Smith was also present. He said that the site proposed on the application encompassed 150 acres west of Kenowa between I196 and Barry. He said that the applicant recently purchased 25 acres of residential property. He said that there were 10 acres on the south side that would provide access to the property and ultimately connect to Kenowa. He said that they started to parcel the land into four parcels and planned to sell the existing house on one of the parcels. They then came to the conclusion that the applicant’s future would be best served to begin a street north from Barry. They were looking to develop a subdivision. He said that the layout had been submitted to the Road Commission. He said that the layout would be similar to the Summerset development to the north. He said that Rex Troost developed Summerset with large lots with widths in the 150 range. He said that Rex Troost wanted to development the same layout on this site.

He said that they originally filed to rezone just the one parcel. He said that he had discussions at the Township Office and discovered that no sewer was available at this location and would not be anytime in the foreseeable future. He said that water is available. He said that the site could not be developed into a planned unit development because water and sewer was required. He said that soil borings were taken and with the sand, they could get approval from the Health Department. He said that he met at the Township Office and discussed the possibilities of rezoning just eleven acres of the property to LDR, but potentially it would be spot zoning because the whole area is RR. He looked at developing the site as a planned unit development, but could not because no sewer is available and is required for a PUD.

He said that Rex Troost had no intentions of developing beyond the initial ten acres. He said that since the application was filed, the applicant had decided that he did not want the whole area rezoned because it would raise non-conforming issues with rural residential buildings and uses not being allowed to expand in a LDR district. He asked that the Planning Commission consider a smaller portion to rezone and that they preferred to just have the eleven acres rezoned. He said that if the Planning Commission would not consider just the eleven acres, then he asked if they would consider enough acreage to rezone to LDR, but an amount less than the 150 acres.

It was noted that the request would be considered by reviewing whether it was compatible with the character of the surrounding area, if it was capable, and if it was consistent with the Future Land Use Map. The surrounding area is zoned RR and the character of the area is rural. It was noted that the site is capable of being used as currently zoned. It was noted that by rezoning the property, at least double the number of lots would be allowed. The Planning Commission was directed to consider all the uses and number of lots that could be developed because no conditions could be attached to a rezoning. After the property would be rezoned, the applicant could develop the site consistent with the LDR district.

It was noted that so sewer was planned for the area any time reasonably soon and that the Master Plan calls for the whole area to be Rural Residential. The applicant was asked if the exceptions could be included to have consistency in the area and not have some pockets of RR. The applicant was directed that if the site were to be rezoned, no additional horses or barns could be added.

The applicant stated that the applicant did not own the excepted areas and the property owners of the excepted areas were not contacted to join in the rezoning because there would be no benefit to them.

It was noted that the applicant could extend the sewer system; otherwise the request was not feasible.

5. PUDs-none

6. Plats-none

5. Ordinance Amendments

a. Sec. 20.4(A)

b. Delete the following sections in their entirety:

2.2 Adult Uses

2.2a Adult Bookstore

2.2b Adult Live Entertainment Theater

2.2c Adult Motion Picture Theater

2.88a Specified Anatomical Areas

2.88b Specified Sexual Activities

c. Delete: ~~16.3(O) Adult Uses.~~

d. Add: 16.3(O) Sexually oriented businesses.

V. Other Business

A. 48^th Ave. Cooperative Study

The consensus of the members of the Planning Commission was that the study was acceptable as presented and that it would not be beneficial to expand the study area to work more with sites in Allendale Township, particularly with a Town Center.

VI. Commissioner Comments

VII. Staff Comments

VIII. Adjourn

The meeting was adjourned at 9:20 p.m.