PC minutes 6-18-2003

and there would not be trash receptacles located throughout the project. No recreation areas would be provided because the number of units would not support any. Mailboxes would be clustered into groups and located throughout the project according to Post Office specifications. Exterior lighting would be similar to other projects. Drainage easements run on two sides of the project. A letter from the Drain Commissioner’s office regarding Stoney Creek Condos was submitted, which stated that the drainage easement was reduced from 75 to 55 feet. The entrance lines up with Vintage. Right turn and left turn lanes were provided, along with an egress lane. Port Sheldon is five lanes. Condo use provides fewer traffic trips than single family homes. The driveway was designed that if one side was blocked, the other side could be used. Emergency vehicles could use the private drive to the sports complex. Both the Township and Ottawa County has given permission for emergency access. A letter was received from the Road Commission stating that the plan would have to be reviewed for a possible decel lane.

The Planner stated that there was a concern regarding the access. Evidence should be obtained for access to the private road. The emergency access connection should be identified. The private drive serves summertime uses and would have to be plowed and maintained year round. The predicted 700 to 800 trips from the site would most likely occur during peak traffic times. The drive entrance shows a separate left and right turn. With the island set back 45 feet, only two cars could be stored to turn left. After that the cars would jam up. Mailboxes should be shown on the plan. Typically they are located at the front entrance and a by-pass lane should be provided.

Jim Jansma stated that the plan did not meet the Fire Code in regard to the radius of the diameter of the turn around.

It was noted that the drive could widen out for more stacking room.

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.

The applicant stated that they did not have a signed document from the county and Township, but were working on getting one. The snow would be removed for the emergency exit the same as it was removed from the road to the driveways.

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

MOTION CARRIED.

The applicant was directed that the following items had to be addressed:

1. An access easement for the emergency access should be provided, along with a document regarding the maintenance of the private street.

2. The Road Commission should review the plan to determine if revisions were necessary.

3. The Fire Department should review the plan and revisions should be made to meet the code.

4. A second limited access should be provided with a right turn in and right turn out.

#030618-04 - Special Use Permit (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

The public hearing was not advertised. The applicant has indicated that he would like to withdraw the request, but nothing formal in writing has been received by the Township. No revisions had been provided. No representative was present for the request.

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 South, to table the request.

MOTION CARRIED.

#030618-05 – Rezoning (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

Don DeGroot, Exxel Engineering, represented the applicant and presented the request. The applicant would like to develop the land with lot sizes between the requirements of the RR and LDR district, but could not do it under the current zoning. The site could not be developed as a Planned Unit Development because no sewer is available and would not be available in the foreseeable future. The owner wants to develop a plat like Summerset and is proposing to put in a street along Barry. The owner would install dry sewer and obtain Health Department approval. Water is available. In 1992 there was a desire to maintain the rural character, but with the South Beltline becoming active and the interchange at 8^th Ave., the character along the corridor will change and more single family homes will become desirable. The applicant would like to amend the request to not include the whole area requested on the application. The land in the request would still connect to LDR on the north side. The applicant still wants to keep his horses. If the site is rezoned, the applicant would be constrained by the LDR requirements and become non-conforming.

The Planner noted that the Master Plan does not show the area as LDR, but rather shows it as AG/RR. At the pre-application conference for a possible PUD, the director of Public Works stated that there was no likelihood of sewer coming to this portion of the Township. LDR zoning is a denser residential district. The RR district presents a reasonable use of the land. The character of the area is rural with home sites on large lots. With the current zoning, one hundred houses could be built. With LDR, the Township loses control of the size of lots and the intentions that the applicant has stated for the size of lots. The risk is run of 300 to 400 home sites. Once the site was rezoned, the door would be opened to rezone all the property on that side of the freeway.

The chairman opened the public hearing.

Harold Hommerson, 5375 Kenowa, stated that he lived in the area for 30 years and it had been quiet when he first moved in. He said that two months later the Ford Freeway opened. He said that development has already increased along Kenowa with the Walmart and more houses, resulting in more traffic. In addition, the South Belt will bring traffic and development. He said that he has come to the conclusion that this is not really the country any more and is not rural any more. He said that it was almost inevitable that more development would come. He said that although he is not asking at this time, it would be better to rezone the whole section or quarter section rather than piecemeal. He said that if this rezoning was approved, it would make it easier for someone else to get a rezoning. He said that if the request was to be granted and the land rezoned, that the entire area should be rezoned.

Chris Well, 5190 Kenowa, said that he lives across the street and has 24 acres. He said that it would be nice to have houses with large size parcels like Summerset. He said that if there was to be more traffic, that a turn lane should be installed. He said that he would like consideration for the installation of future utilities like gas. He said that he was not opposed. He was concerned with the natural waterway of the creek.

Ronald Hodges, 5577 Kenowa, was concerned with the stream not being uses as a drain and he was concerned with the lowland. He said that he has a barn and likes to see horses. He said that he walked through the forest before he bought the property looking for the stakes for the road.

Jim Wildgen, 251 Barry, said that he lived in the area for thirteen years. He said that his neighbors had horses and goats, and his daughters want horses. He said that rezoning this land affects him and his house. He said that even though the applicant says that he does not intend to develop all the land, the applicant won’t live forever. He said that he does not want to see 300 to 400 homes built here. He said that the speed limit is 55 miles per hour along Barry. He said that a subdivision would not be a good idea here and that Kenowa is a horrible road.

It was noted that Kenowa is maintained by Grandville and Wyoming, not Georgetown Township.

The chairman closed the public hearing.

The applicant stated that they had tried to submit the proposal as a PUD, where the lot sizes could be pre-established. He asked why the installation of dry sewer would not meet the requirement for a PUD. He said that the applicant did not intend to develop the land for the LDR size. He said that a PUD would offer flexibility with lot width. He asked for some consideration for transitional uses.

The Planner stated that the purpose of a PUD was typically for large scale developments with mixed uses and ample open spaces. He said that the determination had been made that feasibly for property to be developed included public sewer to be available. He said that in some instances unique circumstances were encountered. He said that it would take an ordinance amendment because the Zoning Board of Appeals has no jurisdiction to grant variances for a PUD.

A member of the Planning Commission noted that White Tail Ridge was a plat that had been developed under the same circumstances and had complied with all Township requirements. The lots in White Tail Ridge have 200 feet of frontage and dry sewer had been installed. He noted that if White Tail Ridge could meet the ordinance requirement, so could the applicant.

The applicant stated that it might become difficult to upgrade and maintain systems in 60 or 70 years when the lots have 200 feet of frontage.

Moved by Poskey, seconded by South, to recommend to the Township Board denial of Rezoning (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, for the following reasons:

1. The proposed zoning district is inconsistent with the Master Plan for this area.

2. The properties in question would make the zoning classification in this area piecemeal.

3. The rezoning would set a dangerous precedent for future requests in this area, further changing the intent of the development pattern in this part of the Township

4. There are no sanitary sewer leads in this area and do not appear to be any planned for the foreseeable future.

5. There are other LDR lands currently available to be developed in the Township.

6. RR zoning provides a reasonable use of the land.

MOTION CARRIED.

#030618-06 - 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.

The supervisor had asked that the section of the Zoning Ordinance be reviewed and the Planning Commission initiated the ordinance amendments to be consistent with current laws. It was noted that the ordinance is essentially the same with some changes made to keep up with recent court decisions. The title was changed and the purpose was expanded to incorporate recent court changes. It clearly is not attempting to exclude legitimate uses. Some definitions have been changed and others added. A percentage of floor space or volume has been defined. Also, wording has been added to require that the use be located more than 500 feet from a residential district boundary.

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 Zoning Ordinance amendments as follows:

Delete section 20.4 (A) in its entirety and replace with the following:

(A) Sexually Oriented Businesses

(1) Purpose and Intent

The purpose and intent of these provisions is to regulate sexually oriented businesses and related activities to promote the health, safety, and welfare of patrons and employees of such businesses, and to promote the health, safety, and welfare of the citizens of Georgetown Charter Township. In the development and execution of this subsection, it is recognized that there are some uses which, because of their very nature, have serious objectionable operational characteristics, particularly when several of them are concentrated under certain circumstances or when one or more of them is located in proximity to a residential zone, thereby having a deleterious effect upon the adjacent areas. These controls are for the purpose of preventing a concentration of these uses within any one area, or to prevent deterioration or blighting of a surrounding residential neighborhood. These provisions are not intended, nor shall they have the effect of, imposing a limitation or restriction on the content of any communicative materials including, but not limited to, sexually oriented materials that are protected by the First Amendment to the United States Constitution or by Article I, Section 5 of the Michigan Constitution of 1963. Additionally, it is not the intent of the provisions of this Ordinance, nor shall it have the effect of, restricting or denying access by adults to sexually oriented materials that are protected by said federal and state constitutions. Further, it is not the intent of these provisions, nor shall they have the effect of, denying access by the distributors and exhibitors of sexually oriented entertainment to their target market. These regulations shall not be interpreted as intending to legitimize any activities which are prohibited by federal or state law, or by any other Ordinance of Georgetown Charter Township.

(2) Definitions

The following words and terms, as used in this Ordinance, shall have the meaning indicated in this Section.

a. Adult Bookstore, Adult Novelty Store, or Adult Video Store - A commercial establishment that, as one of its business purposes or services, offers for sale or rental for any form of consideration, any one or more of the following:

i. Books, magazines, periodicals, or other printed and/or electronic or digital matter, or photographs, films, motion pictures, video cassettes, compact discs, slides, or other visual representations or media which depict or describe specified sexual activities or specified anatomical areas; or,

ii. Instruments, devices, or paraphernalia that are designed for use in connection with specified sexual activities.

A commercial establishment may have other business purposes or services that do not involve the offering for sale or rental of the material identified in paragraphs i. or ii. above, and still be categorized as an Adult Bookstore, Novelty Store, or Video Store. The sale or rental of such material shall be deemed to constitute a business purpose or service of an establishment if it comprises forty (40) percent or more of the establishment’s gross revenues, or if such materials occupy forty (40) percent or more of the floor area of visible inventory within the establishment.

b. Adult Cabaret - A nightclub, bar, restaurant, lounge, or similar commercial establishment that regularly features:

i. Persons who appear in a state of nudity;

ii. Live performances that are characterized by the exposure of specified sexual activities or specified anatomical areas; or,

iii. Films, motion pictures, video cassettes, slides, electronic, digital, other photographic reproductions or visual media that are characterized by the depiction or description of specified sexual activities or specified anatomical areas.

c. Adult Motion Picture Theater - A commercial establishment which, for any form of consideration, regularly and primarily shows films, motion pictures, video cassettes, slides, or other photographic reproductions or visual media that are characterized by the depiction or description of specified sexual activities or specified anatomical areas.

d. Sexually Oriented Business - An adult bookstore, video store, or novelty store, adult cabaret, adult motion picture theater, or a commercial enterprise that regularly features the sale, rental, or exhibition for any form of consideration, of books, films, videos, DVDs, magazines, or other visual representation of live performances which are characterized by an emphasis on the exposure or display of specified sexual activities or specified anatomical areas.

e. Specified Anatomical Areas -

i. Less than completely and opaquely covered human genitals, pubic region, buttock or anus; or female breast immediately below the top of the areola; or,

ii. Human male genitals in a discernible turgid state, even if completely and opaquely covered.

f. Specified Sexual Activities -

i. Human genitals in a state of sexual stimulation or arousal;

ii. Acts of human masturbation, sexual intercourse or sodomy; or

iii. Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.

(3) Use Requirements

a. The use is located within a zone district in which sexually oriented businesses are specifically permitted as a Special Land Use.

b. The use is not located within a 1,000 foot radius of any other such use, measured in a straight line from the nearest lot line to the nearest lot line, except that such restrictions may be waived by the Township Board, if the following findings are made:

i. That the proposed use will not be contrary to the public interest or injurious to nearby properties, and that the spirit and intent of this subsection will be observed.

ii. That the proposed use will not enlarge or encourage the development of a blighted or deteriorating area in its immediate surroundings.

iii. That the establishment of a regulated use, or an additional regulated use, in the area will not be contrary to any program of neighborhood conservation.

iv. That all applicable state laws and local ordinances will be observed.

v. Prior to the granting of any waiver as herein provided, the Township Board may impose any such conditions or limitations upon the establishment, location, construction, maintenance, or operation of the regulated use as may, in its judgment, be necessary for the protection of the public interest. Any evidence and any guarantee may be required as proof that the conditions stipulated in connection therewith will be fulfilled.

c. Parking spaces shall be provided at the ratio of one (1) space per person permitted by the maximum occupancy load established by local, county, state, fire, health, or building codes.

d. No adult use shall remain open at any time between the hours of eleven o’clock (11:00) P.M. and ten o’clock (10:00) A.M. and no such use shall be open on Sundays.

e. No alcohol shall be served at any adult use.

f. No adult use shall permit any person under the age of eighteen (18) years to enter the premises. Signs shall be conspicuously posted noting that such minors are not allowed.

g. All parking areas and the building shall be well lighted to ensure the safety and security of patrons. These areas shall remain lighted for one (1) hour after closing each night.

h. The use shall be located more than five hundred (500) feet from any Residential District boundary, measured to the nearest lot line of the proposed use.

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

Delete:

~~16.3(O) Adult Uses.~~

Add:

16.3(O) Sexually oriented businesses.

MOTION CARRIED.

#030618-07 – Other Business

The Planning Commission directed that a special use permit application be advertised for a public hearing for the regular July meeting. The reason is because of the Advance’s early deadlines for the July 4 holiday. If the advertisement would have been directed at the work session meeting on July 2, it would not have been advertised in time to meet requirements.

A letter was received from Philip Brummel, Allendale Township, asking for two representatives from the Planning Commission to join a committee that would review applications for projects on land that borders the two townships. Greg Honderd and Jim Jansma said they would join that committee and Ed Stasiak would be the alternate.

#030618-08 - Adjournment

The chairman adjourned the meeting at 9:00 p.m.