PC minutes 2-18-2004

Jansma said that the notes on the plan had incorrect calculations regarding open space.

The chairman opened the public hearing.

Sam Hansen, 8486 40^th Ave., said that the Planning Commission had stated previously that commercial should be limited to 20,000 square feet and now was shown as more than double.

The chairman closed the public hearing.

The applicant stated that they planned to begin with the commercial phase and develop the road to the commercial area first, then complete the other roads when they were ready to begin construction on the residential areas. He said that the listing of 111,000 square feet of commercial was an error on the plan and that only 53,000 square feet was proposed.

The planner stated that the commercial density exceeds what is shown on the Master plan; however, the density is mandated by the zoning ordinance, not the Master Plan. He said that the applicant has stated in the narrative that any additional commercial proposals would be subject to Township review and approval.

The planner said that the revised plan was consistent with the requirements of the Zoning Ordinance. He said that the commercial was still high, but did meet the direction provided by the Planning Commission to remove the development within the northwest corner of the site. He said that the applicant has complied with what the Planning Commission instructed.

There was discussion regarding the open space calculation noted on the site plan.

The planner stated that the plan provides the required amount of open space.

The applicant said that they had counted the space between the buildings. He said that the site as 25.7 acres and about 5.2 acres would meet the 20% open spaces requirement. He said that even if the little spaces that had been counted were eliminated, the plan would still be at about six acres which is above the ordinance requirement.

The planner listed 15 modifications that should be addressed. He recommended approval of the request with the 15 items to be listed as conditions.

Moved by South, seconded by DeGood, to recommend to the Township Board denial of the preliminary development plan for (PUD0303) Arena Development LLC, 2551 VanOmmen Dr., Holland, to have a Planned Unit Development for a mixed use development with various types of residential housing and various commercial uses, under Chapter 22, on a parcel of land described as PP#70-14-07-100-012, located at 8658 48^th Ave.

There was discussion regarding site plan issues that were not addressed on the plan. Members of the Planning Commission stated that they wanted to review the plan again after the issues were addressed. It was noted that since the PUD was basically a zoning district, the Township Board could only concur with the Planning Commission’s recommendation or table the request and refer it back. However, after the Planning Commission reviewed the request again and reported back to the Board, the Board could take any action including approving the plan.

Moved by Jansma, seconded by Stasiak, to table the request until the March work session meeting on March 3, 2004.

MOTION CARRIED.

The applicant was directed to address the site plan issues and was informed that the Planning Commission still wanted to see less commercial.

The applicant asked if he could ask the Planning Commission to make a recommendation so that the item could go to the Township Board.

The chairman told him that he could ask and that the Planning Commission could make a recommendation at the work session meeting in March because this was old business.

#040218-04 - Site Plan (ST0402) Eaglebrook Apartments (Maas Plat Group)-5955 8^th Ave.

Pete Lorene, Laphom Associates, represented the applicant and presented the request. The planner’s comments were addressed in the narrative that had been submitted. He presented the revisions that addressed work session issues. He said that although the number of parking spaces met the ordinance, additional visitor spaces had been added as parallel parking that met the ordinance. He stated that a gated locked emergency access had been provided according to the direction of the Fire Department. A storm water management plan had been provided and there was an easement for off-site drainage. He said that the easement had already been obtained. Park areas were not provided because they would not be needed for the target tenant. He said that an easement was needed for utilities from Easglenest apartments.

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

Moved by Jansma, seconded by DeGood, to approve the site plan dated February 10, 2004, as submitted with the condition that copies of the easement are provided prior to construction, and due to the fact that the plan is in compliance with the Zoning Ordinance.

MOTION CARRIED.

#040218-05 – Site Plan (ST0403) Fabri Tech (Marlink Builders)- 6719 PineRidge Ct.

Ron VanSingel, Nederveld Associates Inc., represented the applicant and presented the request. He said that 60 parking spaces were required and 64 were provided. He said that the business sign is in the correct location. He said that an Ottawa County Road Commission sign is located where the sidewalk would have to go and it would have to be moved. He said that sidewalks were show as required by the ordinance and additional landscaping had been provided.

The planner presented his review and stated that the plan meets ordinance requirements.

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

Moved by DeGood, seconded by South, to approve the site plan dated February 5, 2004, as submitted, due to the fact that the plan is in compliance with the Zoning Ordinance.

MOTION CARRIED.

#040218-06 – Site Plan (ST0404) Martin Rogalski, Attorney-1881 Georgetown Center

Tim Allspach, IJA Architecture Inc., represented the applicant and presented the request.

The planner presented a review.

Dimensions have been provided for the sign and it was shown as 15 feet from the ROW. Four trees are now shown for the streetscape and the fence is now shown.

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

Moved by Stasiak, seconded by South, to approve the site plan dated February 10, 2004, as submitted, due to the fact that the plan is in compliance with the Zoning Ordinance.

MOTION CARRIED.

#040218-07 - Special Use Permit (SUP0402) Faith Protestant Reformed Church, 7194 20^th

Ave., is requesting to have a church (existing church to have parking lot addition), under Sec. 8.3(A), on a parcel of land described as P.P.# 70-14-22-200-027, located at 7194 20^th Ave., in a (LDR) Low Density Residential district

Dave Hanko, Feenstra & Associates Inc., represented the applicant and presented the request. He said that there were seats for 560 people which would require 187 parking spaces. With the additional proposed 44 spaces, the total would be 201. He said that the light pole would be moved out of the woods.

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 Special Use Permit (SUP0402) Faith Protestant Reformed Church, 7194 20^th Ave., to have a church (existing church to have parking lot addition), under Sec. 8.3(A), on a parcel of land described as P.P.# 70-14-22-200-027, located at 7194 20^th Ave., in a (LDR) Low Density Residential district because all applicable standards are met.

MOTION CARRIED.

Moved by South, seconded by DeGood, to approve the site plan dated February 10, 2004, as submitted, due to the fact that the plan is in compliance with the Zoning Ordinance.

MOTION CARRIED.

#040218-08 - Rezoning (REZ0401) To change from (RR) Rural Residential to (LDR) Low Density

Residential parcels of land described as P.P.# 70-14-16-300-003 and 70-14-17-400-006, located at 3100 Baldwin

Jon Ackerman, Atwell-Hicks, Inc., represented the applicant and presented the request. He said that the site is surrounded by residential development and the request is consistent with the area. He said that the request is also consistent with the Master Plan. He said that the infrastructure is available to meet the needs of the development for utilities and that Baldwin has five lanes to handle the additional traffic.

The planner presented a review and stated that the request meets the criteria for consistency, compatibility, and capability. He said that utilities are already available and no inordinate expenditure of public funds was necessary to make the development feasible. He said that site is surrounded on two sides by existing residential. He stated that with the current zoning, the land still could be developed into single family homes, only with less density.

Bob Dunston, Pulte Homes, said that they planned to develop the property into family-type neighborhoods with 2,200 to 2,700 square foot homes being primarily two stories. He said that prices would be in the low $200,000.

He said that people prefer smaller side yards and bigger rear yards, with some type of open space playground or amenity. He said that infrastructure, including roads, is costly. He said that public open spaces means more to people. He said that they planned to have some park-like areas and possibly a clubhouse.

The chairman opened the public hearing.

Andy Wierda, 7860 Westside Dr., said that the area is a large green space and that with all of the growth taking place we will have a sea of houses. He said that we should not let an amenity slip away. He said that the Township should buy the golf course.

South stated that it would be unlikely that the Township would buy the golf course.

Martin Makel, 7315 Rolling Hills Dr., said that he bought his house 16 years ago. He said that Pulte Homes does good work. He said that there is two feet of water on the 12^th fairway. He said that the plan has to address the lowest point. He said that he paid more for his lot because it was on a golf course. He asked how much his taxes would go down and he said that he could not sell his house for the assessed value. He said that 250 homes would have about 500 kids and that there was not enough police manpower with the current number of homes.

It was noted that drainage issues would be addressed when the applicant submitted a plan for the plat and was not a rezoning issue.

South said that if more homes were developed, more taxes would be collected.

Jansma said that the developer has to solve his own drainage issues and solve drainage issues that impact adjacent properties. He said that the developer can not allow drainage to flow to an adjacent property.

Ryan Randolph, 7304 Alycia, said that public opinion was against the rezoning and that property depreciation would be eliminated for the people who live on the course if the rezoning was denied.

Rich Lugthart, 7386 Rolling Hills, said that he wanted to be on the golf course and that he sees deer in the rural setting. He said that property values will go down. He said that the developers should consider developing condos around a nine-hole golf course. He asked if they had looked at the land next to the church.

The applicant said that it would not work to leave the golf course because it would be impossible to carve the infrastructure through it. He said that they did not want to build condos and they did want to construct single family homes. He said that due to economics, golf courses did not make much money because there were too many courses. He said that he did not know about acquiring the church land and that a nine-hole golf course was not viable.

Chip Rybicki, 7381 Alycia, said that he was an educator and there were crime issues to consider. He said that golf keeps kids out of junk with an outdoor sport. He said that the course was an icon and it would be a real loss to lose it. He said that we don’t need to build homes on every piece of green space.

Jon Cade, 7869 Parkside, said that the site was already zoned residential and would have to have larger lots. He said that it should stay the same zoning to help property values in the area.

Steve Sjoerdsma, 7341 Rolling Hills, said that we are missing an opportunity and this was a way to retain the characteristics of the area. He said that people had to go a ways to get to a park. He said that areas should be isolated for green space. He said that the golf course was used by people who walked and jogged in the winter, by illegal snowmobilers, and by cross country skiers. He said that it was like a park that was bordered by residential.

The chairman said that if the site were to be developed as a PUD, there could be flexibility.

Daniell Osborn, 3259 Primrose, said that the option was open to not rezone. He said that by not rezoning the use would be limited.

Mark VanderJagt, 7289 Rolling Hills, said that the site should continue to remain RR or else property values would fall.

Gwen Hudson, 7318 Alycia, said that she likes looking at trees and a golf course. She said that she is opposed to the rezoning.

Diane Burns, 7217 Rolling Hills, said that lots should be bigger because people like big lots.

Jim Wielenga, 7355 Rolling Hills, said that the course was making money, but got the offer.

It was noted that the people used the course in the winter and that the course had been in existence for about 40 years. There was discussion about taxes.

The chairman said that taxes were really not an issue to be considered for zoning and that he personally did not consider taxes.

The applicants were asked if there was other open land that they could use.

The applicant stated that they had been looking for land in the Township for two years and this land was for sale. He said that other land had no infrastructure and were not for sale.

Steve Sjoerdsma, 7341 Rolling Hills, said that it was not without precedent that a municipality would own a golf course. He said that the Township should look into it.

The chairman closed the public hearing.

The applicant said that they typically meet with neighbors over a conceptual set of drawings and set up a meeting to discuss issues. He said that usually their developments bring the property values of surrounding areas up. He said that with bigger lot there would not necessarily be bigger homes. He said that if a large lot were to be created, it would be more expensive because there would be more infrastructures such as a road and the house cost would drop resulting in a smaller house.

The planner said that based on the standards of review, the findings support approval of the rezoning to LDR.

Moved by Jansma, seconded by South, to recommend to the Township Board denial of Rezoning (REZ0401) To change from (RR) Rural Residential to (LDR) Low Density Residential parcels of land described as P.P. #70-14-16-300-003 and 70-14-17-400-006, located at 3100 Baldwin because the site can be used effectively as currently zoned.

Jansma said that the cost of the extra street would only be approximately $3,000 per lot if the site remained RR. He said that they could be creative with a layout to recoup the investment and that the site should be left RR to move forward.

The applicant stated that if they developed the site as RR, there would be no creativity, and it just would be grids.

The chairman said that the applicant had the right to develop the property and that the rezoning was consistent with the Master Plan. He said that they could be more creative with parks and open spaces with the LDR zoning than if they had the bigger lots required with the RR zoning. He said that with LDR it would be better to have cluster-type housing than what RR would permit.

Yeas: Jansma, South

Nays: Stasiak, Honderd, DeGood

MOTION DEFEATED.

Moved by DeGood, seconded by Stasiak, to recommend to the Township Board approval of Rezoning (REZ0401) To change from (RR) Rural Residential to (LDR) Low Density Residential parcels of land described as P.P. #70-14-16-300-003 and 70-14-17-400-006, located at 3100 Baldwin because based on the standards of review, the findings support the rezoning to LDR and the LDR designation would allow for more creativity for open spaces.

Yeas: Stasiak, DeGood, Honderd

Nays: Jansma, South

MOTION CARRIED.

Members of the Planning Commission directed that the two letters that had been submitted be made a part of the minutes.

#040218-09 - (REZ0402) To change from (AG) Agriculture to (LDR) Low Density Residential

parcels of land described as P.P.# 70-14-07-400-009 and 70-14-07-400-015, located at 4050 Bauer Rd. and 42^nd Ave.

Ron VanSingel, Nederveld Associates Inc., represented the property owner, John Thatcher, and presented the request. He said that the site was 19 acres and that utilities could be extended. He said that the request meets the current, as well as the new, Master Plan.

The planner presented a review and stated that the request meets the criteria for consistency, compatibility, and capability. He said that utilities are available and no inordinate expenditure of public funds was necessary to make the development feasible. He said that site is adjacent to an existing approved plat which is currently undeveloped. He stated that the site has direct access to a major thoroughfare.

The chairman opened the public hearing.

Sam Hansen asked if the north access on Bauer would line up with the road on the other side.

The chairman explained that it was too early for that question.

Sam Hansen asked about the time frame.

The chairman stated that those types of issues could not tie into the rezoning request.

The applicant stated that the development would tie into the extension of utilities and that the development was about 19 acres.

The chairman closed the public hearing.

Moved by Jansma, seconded by DeGood, to recommend to the Township Board approval of Rezoning (REZ0402) To change from (AG) Agriculture to (LDR) Low Density Residential parcels of land described as P.P.# 70-14-07-400-009 and 70-14-07-400-015, located at 4050 Bauer Rd. and 42^nd Ave., because based on the standards of review, the findings support the rezoning to LDR

Honderd stated that the utilities were not available to this site yet and that the rezoning of this property was premature. He said that the access to Bauer should line up to 40^th Ave.

Yeas: Stasiak, Jansma, DeGood, South

Nays: Honderd

MOTION CARRIED.

#040218-10 - Preliminary Plat of Keystone Estates

Rob Berens, Exxel Engineering, represented the applicant and presented the request. He said that the site was 7.75 acres and was zoned LDR. He said that single family residents were located to the north and east of the site. He said that there would be fourteen lots and water and sewer were available. He said that no lots would have access to 18^th Ave. and that sidewalks would be provided as per the Township ordinance. He said that a hydrant was shown at the lot line between lots 12 and 13 as requested by the Fire Department.

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 to grant tentative preliminary plat approval of Keystone Estates, as shown on the drawing dated February 4, 2004, with the condition that an easement agreement be provided for the storm sewer.

MOTION CARRIED.

#040218-11 - Preliminary Plat of Beechgrove

Ron VanSingel, Nederveld Associates Inc., represented the applicant and presented the request. He said that sidewalks were added along 36^th Ave. and street lights would be installed. He said that no lots would have access to 36^th Ave. He said that the issues were street names and they proposed one street name for the entire plat because there would be no addresses on the street connecting to 36^th Ave. He said that a name could be added to the section of the cul-de-sac that extends to the west.

He said that the public street ends in two cul-de-sacs, one with a length of 390 feet and the second one with a length of 845 feet, which is longer than permitted by both the Ottawa County Road Commission and the Township. He said that they would seek a variance. He said that the reason for the variance was topographical issues. He said that the design of the plat would take access off of 36^th Ave. He said that they had tried to balance the cul-de-sacs by moving the access street further to the south, but there were issues with site distance. He said that the surrounding plats could provide no access to this plat. He said that this would have a natural buffer and they would be sensitive to the surrounding single family homes. He said that the utility easement was shown. He said that the gazebo would be removed when a building permit was requested for the lot. He said that all lots meet the LDR requirements and some lots have unique building sites.

The planner presented a review.

The short street segment connecting to 36^th Ave. still does not appear to be named. The applicant is seeking a variance for the length of the southern cul-de-sac based on the topography of the parcel. The proposed plat meets all requirements for lot area and width, access and utilities. The setback along 36^th Ave. has been extended to the 100 feet required and the structure on lot 5 has been labeled as a gazebo. A letter was supplied stating the reasons for the variance request.

The Fire Department memo was reviewed. It was noted that there were concerns regarding the access street off 36^th Ave. The Fire Department recommended that it be named even if no address were given off this street. The recommendation was also made to supply a different name for the section of the cul-de-sac that extends to the west to eliminate address confusion for emergency agencies. Also, the recommendation was made to supply an addition access road due to the excessive length of the cul-de-sac, otherwise projects would have to meet the requirements of the 2000 International Fire Code, Sec. D107.1 which would require residential sprinkling systems.

Honderd recommended redesigning and improving the cul-de-sac by straightening the sharp elbow and decreasing the length. He said that the access street off 36^th Ave. should be named.

The chairman opened the public hearing.

John Koetje, owner of the site, said that there were concerns with working with the cul-de-sac because this was a unique piece of property with many stately trees in relation to building sites. He said that if the street were to be moved, many trees would have to come out. He said that the street was wide enough for vehicles to go around if emergency vehicles were present.

Honderd stated that a variance would have to be approved for the length of the cul-de-sac because it exceeds Township ordinance requirements for length.

It was noted that the applicant could review the development of the site as a planned unit development, which might provide other options.

John Koetje stated that he planned to build himself a house on lot number five.

The chairman closed the public hearing.

The planner recommended that the Planning Commission recommend to the Township Board denial of the request for the following reasons:

1. The street segment extending off 36^th Ave. is not named. Even though no lots will have access of this street, it needs to be named so that emergency vehicles as well as general traffic will be able to identify it from 36^th Ave.

2. There is still a question about the building suitability of certain lots, even though they do meet requirements for size and width. The topography of the site, coupled with the required utility easement, does not leave much buildable space on parcels 5, 6, 19, or 20 specifically and it is likely that variances would be required to build on these lots. Possible remedies would be either to reconfigure the site or to reduce the number of lots in the development.

3. The applicant is requesting a variance from the length restriction for the proposed southern cul-de-sac. The recommendation was that this variance not be approved since the determination has been made that the plat could meet the requirements through a simple redesign of the site. It appears that the variance has been necessitated by the applicant trying to maximize the number of lots in the proposed development.

4. The existing structure shown near the front of lot 5 is labeled as a gazebo to remain. It is shown as 980 square feet, which is well above the maximum size of 600 feet allowed for accessory buildings in the LDR district. Although the gazebo would be nonconforming since it already exists, the building is shown in what would be the front yard for any home to be built on this lot, in effect creating a nonconforming situation since the ordinance prohibits accessory buildings in front yards. Also, the gazebo is located on the most level portion of this lot and any proposed home would have to be pushed further to the east into the steeper portion.

Moved by Jansma, seconded by DeGood, to table preliminary plat approval of Beechgrove to give the applicant time to address the issues raised at the meeting.

MOTION CARRIED.

#040218-12 - Preliminary Plat of Highpoint Acres No. 11

Rob Berens, Exxel Engineering, represented the applicant and presented the request. He stated that lot 284 had been fixed to show the correct width.

The chairman opened the floor to public comments. No one was present to speak on this item. 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 Highpoint Acres No. 11, as shown on the drawing dated February 5, 2004 because the plat complies with the provisions of Township ordinances.

MOTION CARRIED.

#040218-13 – Adjournment

The chairman adjourned the meeting at 10:20 p.m.