Minutes of the regular meeting of the Georgetown Township Planning Commission, held Wednesday, October 19, 2005

 

Meeting called to order by Chairman Honderd at 7:30 p.m.

 

Present:            Honderd, Poskey, DeGood, South, Huizinga

Absent: Pearson, Stasiak

 

#051019-01 - Agenda for October 19, 2005

 

Moved by DeGood, seconded by South, to approve the agenda for October 19, 2005, as presented.

 

MOTION CARRIED.

 

#051019-02 - Minutes of the September 21, 2005 regular meeting, the September 14, 2005 joint

planning meeting and the October 5, 2005 work session meeting

 

Moved by DeGood, seconded by South, to approve the minutes of theSeptember 21, 2005 regular meeting, as submitted.

 

MOTION CARRIED.

 

Moved by South, seconded by DeGood, to approve the minutes of the September 14, 2005 joint planning meeting, as submitted.

 

MOTION CARRIED.

 

Moved by DeGood, seconded by Huizinga, to approve the minutes of the October 5, 2005 work session meeting, as submitted.

 

MOTION CARRIED.

 

#051019-03 - Site Plan (ST0513) Advance Auto Parts-600 Baldwin St.

 

John Fergus, Fergus Companies, represented the applicant and presented the request.  He noted that the site plan had been revised according to comments made at the work session.

 

The zoning administrator presented a review and noted that the review distributed for the work session details compliance with ordinance requirement.  A revised site plan has been submitted addressing comments and concerns that were raised at the work session.  The driveway access to Baldwin has been eliminated (the other two access driveways remain).  As a result, three more parking spaces have been added and the parking calculations have been adjusted to reflect the change.  The trees are scattered with the burning bushes between them, as requested by the Planning Commission.  The plan shows two less tress and the applicant has indicated in a letter that two of the existing berry trees on the east side have died and would be removed.  Landscaping calculations have been adjusted to reflect the change and still meets ordinance requirements. 

 

South clarified that they would contribute $5,000 toward the decel lane along Baldwin to the west.

 

Honderd stated that the site plan looks good.

 

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 DeGood, seconded by South, to approve the site plan for Advance Auto Parts dated “Revision 10/7/05” as submitted.

 

MOTION CARRIED.

 

#051019-04 – Planned Unit Development-Preliminary Development Plan (PUD0502) Youth for

Christ and Georgetown Township are requesting a Planned Unit Development for commercial, park and municipal (senior center) uses, under Chapter 22, on parcels of land described as P.P.# 70-14-24-100-015 and 70-14-24-100-018, located at 7096 8th Ave.

 

Since many people were present in the audience in regards to the lots along 8th Ave. that the Township Board had discussed selling, the zoning administrator clarified that the Planning Commission only had the authority to review the application for the designated area of the Youth for Christ building in regards to the Zoning Ordinance and that only the Township Board could authorize the sale of property.

 

South clarified that the sale of lots along 8th Ave. had been referred back to a committee.

 

The chairman explained that the Planning Commission would review the plan according to the Zoning Ordinance and that comments about the sale of the lots should be referred to the Township Board.

 

Mark Windemuller represented the applicant and presented the request. 

 

The applicant had asked that the Planning Commission take action on the final development plan at this time since the final development plan and the preliminary plan are the same. 

 

The zoning administrator presented a review and noted that the determination was made that the PUD meets the ordinance qualifying conditions listed in Sec. 22.2 and a narrative was provided according to Sec. 22.5.  At the work session meeting the applicant was directed to supply the following additional information and the plan has been revised to show the following:

a.                   The setbacks and dimensions to both the overall property lines as well as to the proposed lot split are shown. 

b.                  The existing use and zoning of the parcel and adjacent parcels has been added in a note on the plan.

c.                   The method of trash screening has been noted.

d.                  A pedestrian path has been shown on the plan.

 

The chairman opened the public hearing.

 

Dave Dykwell, 811 Brentwood, said that the applicant was not the land owner and the Planning Commission should not review the application because property owners were not notified about the lease.

 

The zoning administrator explained that the Township was also an applicant and that the applicant had the property owner’s permission.

 

Mark Windemuller said that they had a 100 year lease with the option to purchase the property.

 

Mike Farr, 886 Rosewood, said that he was not informed that the lease had been sold and that it should come back to the people.

 

The zoning administrator explained that State law requires property notification for zoning actions such as rezonings and special use permits, but she was not aware of any notification requirements for leases and was not involved in it.

 

The chairman said that property owners within 300 feet are notified for zoning applications, but he did not know anything about the law for notifying people about leases.

 

Mark Windemuller said that when the lease was renewed, UCAB requested to get out of the lease and asked if Youth for Christ would take over the building.  He said that UCAB took over the 99 year lease and the Township then changed the fee from $1.00 per year to $6,000.00 per year.  He said that part of the deal was that the Township agreed to give Youth for Christ the option to purchase the property.

 

Bernard Fries, 865 Rosewood, said that the Planning Commission should not act on the application since there were questions regarding the lease and the sale of the property.

 

The chairman asked South to bring these concerns to the Board because the Board had the authority to deal with these issues.

 

The chairman closed the public hearing.

 

The zoning administrator said that the Planning Commission had the authority to review the application for compliance with the Zoning Ordinance and that the PUD application was before them now for consideration.  The other issues relating to the lease and sale of the property were issues for the Board.

 

Moved by DeGood, seconded by Poskey, to recommend to the Township Board approval of the Preliminary Development Plan for Planned Unit Development (PUD0502) Youth for Christ and Georgetown Township for commercial, park and municipal (senior center) uses, under Chapter 22, on parcels of land described as P.P.# 70-14-24-100-015 and 70-14-24-100-018, located at 7096 8th Ave., as shown on the plan dated Sept. 19, 2005, based on compliance with the standards in Chapter 22.

 

MOTION CARRIED.

 

Moved by DeGood, seconded by Huizinga, to approve the Final Development Plan (PUD0502) Youth for Christ and Georgetown Township, 7096 8th Ave, as shown on the plan dated Sept. 19, 2005, contingent upon Board approval of the Preliminary Development plan, based on compliance with the standards in Chapter 22.

 

MOTION CARRIED.

 

#051019-05 - Policy and Procedures for Planning Commission applications

 

Moved by Huizinga, seconded by Poskey, to recommend to the Township Board to adopt the Planning Commission Submittal Procedures Policy and SOPs for Township Office Procedures for Planning Commission Applications, as follows:

 

Planning Commission Submittal Procedures

POLICY

 

In order to expedite applications that are reviewed by the Planning Commission, the Township has adopted the following policy regarding application submissions.  This process will save valuable assets relating to time and financial investments both for the applicants and the Township in regards to meetings and reviews.

 

Information, Forms, and Fees.

Information, application forms, submittal material requirements and fee schedules are available in the Building and Zoning Department at the Township Office or at the Township website at gtwp.com, Building and Zoning. 

 

Please note that the Township highly encourages submission of electronic files (in pdf format) along with the other required submission materials for projection use at meetings.  The electronic files can be sent by email to mmin@gtwp.com.

 

Deadline for application submission.

The submittal deadline for applications for the Planning Commission is normally two weeks prior to the Planning Commission Work Session meeting (this meeting is normally scheduled for the first Wednesday of each month). 

 

If application materials are submitted with substantial, necessary or required information missing, incorrect or not in compliance with the Zoning Ordinance, the Planning Commission normally would postpone review and action on the application until such time as the missing or incorrect material is addressed and submitted to the Township.  A Pre-Application Meeting could help to eliminate such a possibility with a review by the Township zoning administrator prior to the application submission.

 

Pre-Application Meeting.

A pre-application meeting with the zoning administrator and the applicant is required prior to application submission according the requirement of the Zoning Ordinance.  The pre-application meeting must be scheduled with Township staff by calling the Building and Zoning Department at 616-457-2690.  This meeting must be scheduled and held at least three business days prior to the submission deadline for a particular meeting agenda (or as scheduled by Township staff).  Failure to attend a pre-application meeting could result in the application being withheld from a Planning Commission agenda.

 

The cost for a pre-application meeting is established by the Township Board and can be applied toward the application fee of the particular application being reviewed if the particular application is submitted to the Township within two months of the Pre-Application Meeting.  Alternately, the complete application fee could be submitted at the time of the pre-application meeting.

 

The purpose of the Pre-Application Meeting is for a complete or nearly complete proposal and/or plan to be reviewed by the zoning administrator with the applicant present to determine if all the necessary and required elements are provided on a plan and that all submittal requirements are fulfilled.   The proposed plan would also be initially reviewed for compliance with Township Zoning Ordinance requirements.  If necessary, the Township zoning administrator could schedule the attendance of other Township representatives at the Pre-Application Meeting such at the planner, Fire Chief or Director of the Department of Public Works.

 

Attendance at a Pre-Application Meeting does not guarantee approval for a proposal; rather it helps to ensure that the application has all of the necessary elements and submission materials for review by the Planning Commission.

 

Since the Open Meetings Act (Public Act No. 267 of 1976, as amended) requires that all deliberations towards decisions, as well as decisions, are to be made at meetings that are open to the public rather than private meetings between applicants and members of a public body (Boards and Commissions), no decisions nor deliberations towards decisions would be made at any time other than at a public meeting.

 

Direct contact by applicants with the Township planning consultant would be at the applicant’s expense. 

 

 

SOPS

Township Office Procedures for Planning Commission Applications

 

The following are office procedures for applications for site plan approval, special use permits, plats, PUDs and rezonings.

 

1.                  When a potential applicant contacts the Township Office, information is supplied regarding meeting deadlines, meeting dates, submittal materials, pre-application meeting requirements, fees and forms.  This information can be obtained at the Township website or at the Township Office.

 

2.                  When a petitioner plans to submit an application, a pre-application meeting is scheduled and held at least three days prior to the submission deadline with the zoning administrator and petitioner present.  The complete or nearly complete plan or proposal is reviewed for completeness of submittal materials and preliminarily for compliance with Zoning Ordinance requirements and any applicable general ordinances.  A fee as established by the Township Board is charged and can be applied towards an application fee amount if the application is submitted within a two month period of the date of the pre-application meeting.  Alternately, the complete application fee amount could be paid at this time without the payment of the separate pre-application meeting fee.  The petitioner should use the information provided at the pre-application meeting to revise the plan and/or submittal material prior to the formal application submission.  Planned Unit Development applications have additional requirements listed in Sec. 22.4 of the Zoning Ordinance that must be met in addition to the above standards for a pre-application meeting.

 

3.                  At the time a formal application is submitted (including a signed application, fee, ten copies of a site plan and any other relevant information), the materials are reviewed by the zoning administrator for completeness and the application is placed on the Planning Commission agenda for the next meeting cycle.  If substantial or required elements are missing or incorrect, the zoning administrator would recommend to the Planning Commission to postpone review and action on the application until such time as the missing or incorrect elements are addressed.  An application would not be added to the Planning Commission agenda until the pre-application meeting has been held. 

 

4.                  The zoning administrator conducts a formal review of each application that has been submitted by the deadline, has been determined to be sufficiently complete and correct, and for which a pre-application meeting was held.  The application materials are reviewed for compliance with all requirements of the Zoning Ordinance and applicable general ordinances.  The zoning administrator may contact the planning consultant with questions regarding any application, site plan or complicated detailed proposal in order to incorporate additional information into the review.  Only those applications with questions or detailed complicated plans would be forwarded to the planner for a review.  The planner would present a review to the zoning administrator of those specifically requested plans and the information would be incorporated into the formal review provided to the Planning Commission.

 

5.                  The formal review compiled by the zoning administrator would provide information as to whether Zoning Ordinance and applicable general ordinance requirements have been met.  For rezoning applications, capability, consistency and compatibility would be evaluated.  In addition, information regarding past history, current circumstances and any other relevant material would be incorporated into the review.

 

6.                  The agenda and the formal review compiled by the zoning administrator (along with submission materials) would be forwarded to the Planning Commissioners prior to the meeting (agendas and minutes by email and paper copies of site plan via US mail).  Members who have questions or would like additional information prior to the meeting could contact the zoning administrator.

 

7.                  At the Planning Commission meeting, the zoning administrator would present the formal review with any additional information that had been requested by Planning Commission members.  If requested, the zoning administrator would provide recommendations with options for motions, including possible conditions.  However, the intent is for the Planning Commission to have the responsibility to deliberate the actions and to take the action they deem appropriate, after being provided with all pertinent information (specifically if ordinance requirements are met) and considering the request.

 

8.                  If an applicant requests withdrawal of an application, the procedure would be the same as for any application such that if the Planning Commission has the responsibility to take action, they would act upon the request, but if the Board takes action, the Planning Commission would make a recommendation to the Board.

 

And to initiate Zoning Ordinance Amendments to require a preapplication meeting, as follows:

 

Site Plans

Sec. 19.5       SUBMITTAL AND APPROVAL.

(A)       The site plan, completed application form, and application fee shall be submitted to the Zoning Administra­tor, by the petitioner or his designated agent, in sufficient copies and at such time prior to the next regular Planning Commission meeting as prescribed by the Planning Commission.  The Zoning Administrator shall cause the submittal to be placed on the agenda of the next regular Planning Commission meeting.  The petitioner shall attend a pre-application meeting with the zoning administrator prior to submission of the application in accordance with the established Township policy.

 

Special Use Permits

Sec. 20.2       APPLICATION PROCEDURES. 

The application for a Special Land Use shall be submitted and processed under the following procedures:

 (A)      An application shall be submitted through the Zoning Administrator on a special form for that purpose.  Each application shall be accompanied by the payment of a fee as established by the Township Board and by a complete site plan as specified in Chapter XIX, in sufficient copies and at such time prior to the next regular Planning Commission meeting as prescribed by the Planning Commission. The petitioner shall attend a pre-application meeting with the zoning administrator prior to submission of the application in accordance with the established Township policy.  In the event the allowance of a desired­ use requires both a rezoning and special land use approval, each request shall be considered independently, with the rezoning being addressed first.

 

Rezoning

Sec. 29.6       ORDINANCE AMENDMENTS.

The Township Board is authorized and empowered to cause this Ordinance to be amended, supplemented or changed. Proposals for amendments may be initiated by the Township Board, the Planning Commission or by petition of one or more owners of property in Georgetown Township affected by such proposed amendment. The procedure for amending this Ordinance shall be as follows:

(A)       Each petition shall be submitted to the Zoning Administrator, accompanied by a fee as established by the Township Board, and then referred to the Township Clerk to set a hearing date and publish notices.  The petitioner shall attend a pre-application meeting with the zoning administrator prior to submission of the application in accordance with the established Township policy.

 

            MOTION CARRIED.

 

#051019-06 – Other Business

 

There was discussion regarding the Master Plan for rezonings from I to HS and regarding the attendance of Planning Commission members at a preapplication meeting.

 

#051019-07 – Adjournment

 

The chairman adjourned the meeting at 8:30 p.m.