Minutes of the work session of the Georgetown Township Planning Commission held Wednesday, November 3, 2004

 

The meeting was called to order by Chairman Honderd at 7:30 p.m.

 

Present:            Jansma, South, DeGood, Honderd, Stasiak, Poskey

Absent: Huizinga

 

The work session, which formulated the agenda for November 17, 2004, included the following items to be placed on the agenda, discussion, and action:

 

I.                    Approval of agenda

 

II.                 Approval of minutes of the October 20, 2004 regular meeting and the November 3, 2004 work session meeting

 

III.               Unfinished Business

 

A.     Preliminary Plat of Cedar Lake Estates No. 11

 

No new information was available and no one was present to represent the applicant.  The request was left tabled.

 

B.      (PUD0407) Arena Development-Final Development Plan for Phase 1

 

No new information had been submitted and no one was present to represent the applicant.  The request was left tabled.

 

IV.       New Business

A.                 Site Plans-none

 

B.         Public Hearings

1.                  Special Use Permits-none

 

                              2.         Rezonings-none

 

3.         Plats

a.         Preliminary Plat of Unity Timbers

 

Ron VanSingel represented the applicant and presented the request.  He said that there would be 29 lots in the first phase.

 

The planner presented a review.  The Fire Department memo was noted.  Revisions are necessary for lot 8 for the correct setback to be shown and access to the left station should be shown from Unity Drive.

 

4          PUD’s

a.         Final Development Plan - Unity Timbers-5101 & 5131 40th Ave.

 

Ron VanSingel represented the applicant and presented the request.  It was noted that the plan would be developed in two phases, but the final development plan was submitted for the whole development.

 

The planner presented a review.  The Fire Department memo was noted.  It was noted that right-of-way was to be provided across the piece of property with the condos.  Revisions are necessary to show a 40 foot front yard setback for lot 8 and access to the lift station should be shown from Unity Drive.

 

5.         Ordinance Amendments-none

 

#041103-01 – Planned Unit Development (PUD0406) Eastbrook Development Co., 2130

Enterprise, Kentwood, is requesting to have a residential Planned Unit Development, under Chapter 22, on parcels of land described as follows: P.P.# 70-14-04-300-013 (3030 Fillmore), 70-14-04-300-014 (3203 Taylor), 70-14-04-300-015 (3205 Taylor), 70-14-05-400-011 (now -017) (Taylor), 70-14-05-400-012 (Taylor), 70-14-09-100-018 (3210 Taylor), 70-14-09-100-019 (3208 Taylor), 70-14-09-100-022 (3131 Bauer), 70-14-09-100-024 (3034 Taylor), 70-14-09-100-029 (3244 Taylor), 70-14-09-100-030 (3205 Taylor), 70-14-09-100-004 (2999 Bauer)

 

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

 

MOTION CARRIED.

 

Dale Kraker, Eastbrook Development Co., represented the applicant and presented the request.

 

The planner presented a review.  He said that the Township wanted Taylor Street to be paved and that a method of management for construction be provided, including hours of operation, traffic access points, and noise and dust/debris mitigation.

 

The zoning administrator stated that, as requested by the Planning Commission, a meeting had been held at the Township office on Friday, October 22, 2004.  The following were present: Tom Palarz and Brett Laughlin, Ottawa County Road Commission, Mick McGraw and Dale Kraker, Eastbrook Development Co., Daniel Carlton, Township Treasurer, and the zoning administrator.  The Road Commission and Township were in agreement that Taylor St. should be paved in order for the section 22.2G of the ordinance to be met, which states that the PUD must provide for safe and efficient vehicular movements within, into and off the PUD site.  So while the off-site paving could not be required of the applicant, approval of the PUD could be withheld if this standard is not met.

 

The applicants have agreed to pave Taylor and have submitted a letter stipulating that it would be paved and the letter was submitted to the Planning Commission.  It was also noted that many of the residents of Taylor St. have contacted the Township in the past and have asked the Township to pave the street and it would be paved by the Township in the future.  The Township wants the developer to pave it now since it is their development that would increase the use of this road at this time.  It was also noted that the road is public and is not a private street belonging only to the residents. 

 

A letter had been submitted to the Township from a John Bole, a resident on Taylor Street, and the letter was read.

 

The applicant stated that the Road Commission requires another public access once the development reaches over 75 lots because a second means of egress is required.  He said that this was substantiated at the last meeting and that Tom Palarz and Brett Laughlin, representatives of the Road Commission, clearly stated that at the last meeting.

 

Honderd said that he understood the discussion regarding the access to Taylor.  He said that a majority of the traffic would use the Bauer Rd. entrance and some would use Taylor St. to get to 36th Ave.  He said that they had to be careful that they don’t deny the applicants their rights.  He said that a valid point had been presented regarding the density of the townhouses in the northwest section.

 

The applicant said that the northwest section had high wires and was near the major north/south road.

 

Honderd said that the townhouses do not fit and that the open spaces should be useable, and that the ravines which were counted as open spaces are not useable.

 

Poskey abstained from all discussion and voting.

 

Stasiak asked what the Road Commission meant when they said that they would deviate from their standards with the paving of Taylor St.

 

The applicant said that normally the right-of-way is cleared of all trees and a ditch line installed; however, they would look at only removing the necessary trees.

 

Jansma said that normally a 66 to 86 foot area is cleared when the street is built, but they could just clear 26 feet for pavement and a shoulder and just address drainage.

 

South asked if there were areas where opens spaces would contain the bottom of gullies for water retention.

 

The applicant said that was correct for a few areas.

 

South said that a clubhouse was provided and asked if there were other common play areas.

 

The applicant said that the play areas and open spaces had been shown during the presentation of the previous plans and that there were other play areas.

 

South said that he was concerned with the construction traffic using Taylor Street.

 

Jansma said that open spaces was defined as developable land that was reserved for no development.  He said that most areas that had been identified were not useable and that 20% of open spaces were required.

 

The applicant said that open spaces had been okayed by the planner from Langworthy Strader LeBlanc during the pre-application meetings and that they met the stipulations of the Master Plan.

 

Jansma said that the Master Plan was just a guide and that open spaces should be developable.

 

Moved by Jansma, seconded by South, to open the floor for public comments.

 

Yeas:                Jansma, South, Stasiak, DeGood,

Nays:               Honderd

Absent: Huizinga

Abstained:        Poskey

 

MOTION CARRIED.

 

Mike Allen, 3561 Taylor St., said that when the development was first started, only two accesses were shown, on 36th Ave. and on Bauer Rd.  He said that Taylor Street has a hill and traffic will not see the intersection where accidents have occurred.  He said that traffic will take the easiest access to get out of the development.  He said that the applicant has contacted another property owner in the area and wants to buy that property, too.  He asked what would happen if the land was sold to the applicant.

 

The chairman said that if the land was added to the PUD, the plan would have to come back to the Planning Commission and there would be another public hearing.

 

Mike Allen said that he has lived in the Township for years and would not want Taylor St. paved or to be used for construction traffic.

 

John Bole, 3361 Taylor St., said that with his discussions with the Road Commission that if there are more than 70 homes a second access road has to be provided but it does not have to be Taylor St.  He said that he submitted the letter and that he has been researching Chapter 22 of the ordinance and information regarding PUDs.  He said that in the Master Plan, long range observations were made.  He said that he walked the area of the development.  He said that he encouraged preservation and balance.

 

Jerry Grasman, 6721 36th Ave., asked if there were methods to slow the traffic on Taylor St.

 

The planner said that ideas for traffic calming techniques had been given to the Township, such as reducing speed limits, rumble strips, round-abouts, and putting something in the median.

 

Honderd said that the Road Commission would have to approve such things in the road.

 

Ruth Bole, 3361 Taylor St., said that at the last application they would accommodate the existing homes and give them consideration.  She said that the Road Commission understands and that there are no other options other than financial for the developer.

 

Bill Eling, 3284 Taylor, said that he lives on the end of Taylor and that the density is foolish.

 

Jay Folkema, 2925 Bauer Rd., said that there is a high pressure pipeline and asked how close this would be to the houses.

 

The applicant said that it would be the same distance as it was to the houses on the south side of Bauer Rd. 

 

Jay Folkema said that this was the same as in Bagdad where pipelines were being blown up.

 

The chairman said that this was not under the jurisdiction of the Planning Commission and that the gas lines were monitored. 

 

Ed Stone, 3470 Taylor St., said that he had talked to the Road Commission and that the residents were being misled because a second entrance was required but did not have to be put there.

 

Mike Allen said there only had to be two accesses.

 

Jansma said that if there were more that 75 lots a second access would be required and they are showing the second access on Taylor St.  He said that the plan has always shown three accesses.  He said that everyone in the development would not use Taylor St.

 

South said that emergency services would require a second access.

 

The applicant said that it would take four to five years to connect.  He said that in the four or five meetings that he has had with the Road Commission they have asked for the connection.  He said that they had asked the Road Commission about putting a gate there and were told no gate could be put there because it was a public access.  He said that even if they made this private, they would still need a second access.

 

Nick Allen, 3545 Taylor St., said that they should connect to 36th Ave.

 

Mick McGraw, Eastbrook Development Co., said that he had attended the meeting with the Road Commission.  He said that he knew that there was resistance to using Taylor Street and that he would react in the same way.  He said that they had wanted to leave it gravel to make it more difficult to get out and that asked the Road Commission to leave it gravel.  He said that it was difficult to connect to 36th Ave. until the development reached that area.  He said that if they were required to pave the street they would do it as a courtesy.  He said that the Township can not tell the developer to pave it, but would not approve the plan unless it was.  He said that the plan was designed for traffic to use the other accesses.  He said that they wanted to put a gate at Taylor St. so that it could be used for emergencies, but the Road Commission required that it be a means of public access if there were over 75 homes.  He said that they would be willing to abandon it if the Road Commission would be willing to abandon it.  He said that they were trying to not disturb the trees.  He said that they went on the site and they wanted to maintain it as naturally as possible.

 

Ruth Bole said to put up the gate, provide more green spaces and to have the second access be 36th Ave.  She asked if the gate on Taylor could be put up when the connection was made to 36th Ave.

 

John Bole said the decision was the Road Commission’s decision.

 

The chairman said that a note could be added to the plan or it could be tabled until the issue was resolved.

 

Jan Elenbaas, 3320 Taylor St., questioned the high density at the end of Taylor St.

 

Mick McGraw said that there was not high density on Taylor St. and that there was screening and ranch style homes the same as the townhouses on flat spots.

 

Moved by Jansma, seconded by DeGood, to close the floor to public comments.

 

MOTION CARRIED.

 

Stasiak said that it appears the determination has been made that the road must be paved.  He said that the request could be tabled to give the residents an opportunity to discuss the other issue with the Road Commission.

 

Honderd said that it might be a moot point because they have the right to have a public access just like any other development.  He said that any plats that come before the Planning Commission are required to stub streets in for future access and to connect to existing streets for access.  He said that this was no different from other proposals for development and that it was not fair to the residents of this development to deny them access to Taylor St., which is a public street.

 

Jansma said that Taylor Street was a public roadway that belongs to the public.  He said that they have the right to have a public access to the public road and a right to use the public road.  He said that if the roadway was paved by this developer, it won’t cost the residents of the Township any money to pave it.  He said that if the developer doesn’t pay now to pave the road, the Township would have to do it in the future and would have to pay for it.

 

The chairman said that the residents of Taylor St. might find that if the road is improved that they might want water and sewer connections, though it would not be required.

 

South said that it would be cost-effective to have the developer pave the road.  He said that they would need the access if they widened 36th Ave. and Bauer Rd.  He said that they needed more open space and they should work with the Road Commission.

 

Honderd said that 2/3rds of the plan meets the PUD ordinance requirements.  He said that more community walk-ability is needed.  He said that the plan shows smaller lots, which is a different type of develop that is intended by the PUD ordinance.  He said that the north 1/3rd of the PUD does not necessarily fit and that the remaining area does what the PUD ordinance intends with efficient street layout and accesses doing what is allowed.

 

Jansma said that more developable open space is needed, rather than using the ravines for open spaces and that the townhouses should be eliminated.

 

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

 

Yeas:    Honderd, Stasiak, Jansma, South

Nays:   DeGood

Abstain: Poskey

Absent:  Huizinga

 

MOTION CARRIED.

 

V.                 Other Business

 

The Planning Commission directed that a letter be sent to the developer of the Cottonwood Plaza commending him on the great plan and the great improvements being made to the site.

 

VI.       Commissioner Comments

VII.      Staff Comments

VIII.         Adjourn

 

The meeting was adjourned at 9:25 p.m.