Minutes of the regular meeting of the Georgetown Township Planning Commission, held Wednesday, September 6, 2006

 

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

 

Present:           Honderd, Poskey, DeGood, South, Huizinga, Pearson, Stasiak

Absent:            none

 

#060906-01 - Agenda for September 6, 2006

 

Moved by South, seconded by Pearson, to approve the agenda for September 6, 2006, as presented.

 

MOTION CARRIED.

 

#060906-02 - Minutes of the August 23, 2006 regular meeting

 

Moved by Stasiak, seconded by South, to approve the minutes of the August 23, 2006 meeting, as submitted.

 

MOTION CARRIED.

 

#060906-03 - Preliminary Plat of Cedar Lake No. 11

 

Todd Stuive, Exxel Engineering, represented the applicant and presented the request.

 

The zoning administrator presented a review as follows:

 

REQUEST

 

The request is for tentative preliminary plat approval of Cedar Lake No. 11.  The Township Board granted tentative preliminary plat approval of Cedar Lake No. 11 on June 27, 2005 and the approval expired one year later on June 27, 2006 (as per Sec. 50-29 in the Code of Ordinances-a copy is provided after the review).  Therefore, the applicant has submitted the plat for preliminary plat approval again.

 

SUMMARY

 

No public hearing is necessary for an extended phase of a preliminary plat because an initial public hearing was required for the overall preliminary plat.  Therefore, no property notices were sent (as per See Sec. 50-28 in the Code of Ordinances-a copy is provided after the review). 

 

All applicable zoning and general ordinances appear to be met (as demonstrated below) with the exception of the temporary cul de sac length exceeding the maximum of 600 feet allowed in Sec. 50-51 (3)(c) and the whole street length (connecting to Fillmore for a future phase) is shown longer than the maximum of 1500 feet allowed in Sec. 50-51(3)(a).  The Planning Commission has the authority to recommend and the Board to approve a variance as per Sec. 50-52.

 

 

Following is the documentation showing compliance with Ordinance requirements.

 

I D number

 

 

 

 

Date

8-1-06

 

 

Name

Cedar Lake No. 11

 

 

 

 

 

Address

24th Ave./Fillmore

 

 

 

 

 

 

Use

Preliminary Plat

 

SUP required

No

 

 

 

 

 

 

 

 

 

REQUIREMENT

 

 

 

 

 

PROVIDED

 Needs or Comments

Date, north arrow, scale

 

 

 

 

X

 

Name, address of preparer

 

 

 

 

X

 

Name, address of property owner or petitioner

 

 

X

 

Location sketch

 

 

 

 

 

X

 

Legal description

 

 

 

 

 

X

 

Size in acres of the property

 

 

 

 

X

 

Property lines and required setbacks shown and dimensioned

 

X

 

Location of existing structures, drives, parking areas within 100 ft of boundary

X

 

Location and dimensions of existing and proposed structures

 

X

 

Location of existing and proposed drives (dimensions and radii), circulation

 

 a.  street length

Sidewalks, non-motorized paths-select streets, accel, decel lanes

 

 

 

 

X

 

Signs, exterior lighting

 

 

 

 

 

X

 

Curbing, parking areas, dimensions of typical space, number of parking spaces

X

 

Calculations of parking spaces, unloading areas

 

 

 X

 

Location, pavement width, ROW of all abutting roads, easements

 

X

 

Existing zoning, and zoning and use of abutting property

 

 

X

 

Location of existing vegetation-parkway association

 

 

 

 

NA

 

Location, type, size of proposed landscaping, streetscape, greenbelt

NA

 

Location, height, type of existing and proposed fences and walls

 

NA

 

Size, location of proposed, existing utilities, connections to water/sewer

X

 

Location, size of surface water drainage facilities

 

 

X

 

Existing, proposed topo contours, max 5 ft intervals

 

 

X

 

Rec/common areas, floodplain areas

 

 

 

X

 

Special Use Standards, general and specific

 

 

 

 NA

 

Residential development extra requirements-attached garages

 

 

 

Additional Comments

Sec. 50-28.  Approval of preliminary plat formerly reviewed as extended phases of preliminary plat.

(a)Application for tentative approval for former extended phase of preliminary plat. The proprietor shall submit as a preliminary plat for tentative approval any proposed subdivision previously submitted as an extended phase of the preliminary plat in accordance with section 50-26, but shall not be required to resubmit all additional information as required by subsections (1) and (2) of section 50-26.

(b)Review by zoning administrator. The township clerk shall submit one copy of the preliminary plat to the township zoning administrator, who shall determine whether or not it conforms with the extended phase of the preliminary plat, as originally submitted, and shall submit his report to the planning commission and to the township board.

(c)Review by planning commission. The planning commission shall review the proposed subdivision and make a report of its findings in the same manner as set forth in section 50-26(c). However, the commission shall not be required to hold a public hearing on the preliminary plat or require a notice to be sent to adjacent property owners.

(d)Recommendation for approval or disapproval. After consideration, the planning commission shall report its findings and make recommendations for approval or disapproval to the township board.

 

Sec. 50-29.  Final approval of preliminary plat.

The proprietor must resubmit the preliminary plat to the township board for final approval within one year from the date of tentative approval, unless such time has been extended by action of the township board.

 

Sec. 50-51

(3)        Blocks; exceptions. The maximum lengths of blocks shall be 1,500 feet, measured between the intersections of centerlines, with the following exceptions:

a.         In subdivisions where the proposed minimum street frontage of width of lot at the building line is at least 200 feet, the 1,500-foot maximum length of blocks may be exceeded by not more than 500 feet.

b.         Under extreme topographic conditions, the planning commission may approve exceeding the 1,500-foot maximum length of blocks.

c.         The maximum length of a cul-de-sac street shall be 600 feet, measured from the centerline of the closest intersecting street, which street itself is not a cul-de-sac or dead-end street.

 

Sec. 50-52.  Variances.

When the subdivider can show that a literal enforcement of the standards of this chapter would cause unnecessary hardship if strictly enforced or where, because of topographical or other conditions peculiar to the site the standards require adjustments, departure may be made without destroying the intent of such provisions. The planning commission may recommend a variance, or the township board on its own initiative may approve a variance; provided, however, that such variance from the terms of this chapter may not change or amend the requirements of the township zoning ordinance.

 

Notes:

a.       The temporary cul de sac is longer than the maximum of 600 feet allowed in Sec. 50-51 (3)(c) of the Code of Ordinances and the whole street (connecting to Fillmore for a future phase) is shown longer than the maximum of 1500 feet allowed in Sec. 50-51(3)(a).  The Planning Commission would have to recommend and the Board approve a variance as per Sec. 50-52.  There was discussion during previous reviews regarding the strip of land between the rear lines of lots 170 to 173 and the water.  Since that land is not owned by the applicant, there is nothing that could be done.  The determination was made that the street could have one name even though it changes directions twice.

 

Stasiak asked if the lots located off the lake would have access to the lake and the applicant said no.

 

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.

 

Moved by Poskey, seconded by Stasiak, to  recommend to the Township Board to grant tentative preliminary plat approval of Cedar Lake No. 11 as shown on the drawing dated revised Aug. 16, 2006 and to recommend a variance for the length of Cedar West for both the temporary cul de sac and the future length of the street under Sec. 50-51(1) in the Code of Ordinances which allows a maximum length of a street to be 1,500 feet and a maximum length of a cul de sac to be 600 feet.  Sec. 50-52 permits the Planning Commission to recommend a variance and the Board to grant a variance for the length.

 

MOTION CARRIED.

 

#060906-04 - Preliminary Plat of Crosswinds (hold the public hearing, review and take action)

 

Steve Smit, Focus Engineering, represented the applicant and presented the request.  He explained that the property at the northwest of the site, which is at the corner of 48th Ave. and Baldwin, was split into three parcels and sold.  He said that this should address the Planning Commission’s concerns with a request for NS zoning at this corner.

 

The zoning administrator stated the following.  A stub street connection should be shown to the property at the northwest of the site regardless of the fact that it was split and sold.  The applicant mentioned that there should be no concerns about NS at the corner; however, the day after the applicant submitted the application, the Township received a call from someone who wanted to rezone the area to commercial.  The most important concern was limiting access to 48th Ave. and to Baldwin.  The Township has adopted the 48th Ave. North/South Corridor Plan that designates 48th Ave. as the primary north/south corridor.  The plan stresses limiting access to 48th Ave. and the Planning Commission has an opportunity to plan for the future to provide interior access to this area that would help to eliminate some driveways at this busy intersection.  She had contacted the Road Commission and found that the Township still has the authority to require the stub to this property no matter how the property was split or who owned it.  The Township received the information about the property splits and even though the names were different, the addresses were the same for the owners of each lot, which was also the same address as the applicant for the Crosswinds plat.  In addition, a letter was submitted from Denny Bishop, Director of Public Works, addressed to the Water and Sewer Committee and provided for the Planning Commission.  Denny Bishop recommended that the dry sewer for the plat not be approved by the Township due to unknown elevations for a lift station, unknown elevations for sewer main, and unknown elevations for sewer laterals.  The Township does not want this development to dictate where the reset of the sewer in the area is located.  If the Township does not approve the dry sewer, the plat could not be approved because the ordinance requires sewer for a plat.  The development of this parcel is premature.

 

The zoning administrator presented a review as follows:

 

 

REQUEST

 

The request is for tentative preliminary plat approval of Crosswinds.  The site is located at the southeast corner of Baldwin and 48th Ave. and the parcels are zoned LDR.  Water is available to the site; however, dry sewer will be installed since sanitary sewer is not available to the site at this time.  Twenty-seven lots are proposed.  The first application for approval for the Preliminary Plat of Crosswinds was recommended for denial by the Planning Commission and denied by the Township Board because a connection had not been provided to the property to the east as directed by the Planning Commission.  A revised plat drawing has been submitted as a new application with the connection to the northwest eliminated and a connection to the campground property to the east shown.  The Planning Commission had required a stub street connection to the property at the northwest and one had initially been provided (but has been removed in this submission).  The reason for the requirement was to provide access to the property at the northwest from an interior street to eliminate driveway access on 48th Ave. (which has been determined by the Township and other government entities to be the north/south corridor intended to be a route to carry traffic) and driveway access on Baldwin since this was a busy intersection and would become busier in the future.

 

SUMMARY

 

a.                  A connection should be shown to the property at the northwest of the site to provide interior access (even though the property has recently been split and sold as a way for the applicant to avoid providing this connection).  The Road Commission has informed the Township that there is still authority to require the stub and authority is given in Sec. 50-51(1) of the Code of Ordinances and in the State Land Division Act, PA 288 of 1967, MCL 560.182(4)(a).  The temporary cul de sac is shown as 1,350 lineal feet and Sec. 50-51(3)(c.) in the Code of Ordinances allows a maximum length of a cul de sac to be 600 feet.  Sec. 50-52 permits the Planning Commission to recommend a variance and the Board to grant a variance.  The Planning Commission previously determined that the temporary cul de sac was acceptable with a note on the plan that the owners of lots 14 and 15 would be responsible to add sidewalks at the time the street is extended. 

b.                  According to Chapter 24 footnote (d), dry sewer fulfills the requirement of sewer.  A note was added to the plan stating that all property owners shall hook up to sewer within six months of the date that it becomes available.  However, at the time of final preliminary plat approval, documentation should be provided to the Township that a plat restriction will require all property owners to hook up to sewer within six months of the date that it becomes available.

 

Following is the documentation showing compliance with Ordinance requirements.

 

I D number

 

 

 

 

Date

8-17-06

 

 

Name

Preliminary Plat of Crosswinds

 

 

 

 

 

Address

 

 

 

 

 

 

 

Use

Single family residential

 

SUP required

No

 

 

 

 

 

 

 

 

 

REQUIREMENT

 

 

 

 

 

PROVIDED

 Needs or Comments

Date, north arrow, scale

 

 

 

 

X

 

Name, address of preparer

 

 

 

 

X

 

Name, address of property owner or petitioner

 

 

X

 

Location sketch

 

 

 

 

 

X

 

Legal description

 

 

 

 

 

X

 

Size in acres of the property

 

 

 

 

X

 

Property lines and required setbacks shown and dimensioned

 

X

 

Location of existing structures, drives, parking areas within 100 ft of boundary

X

 

Location and dimensions of existing and proposed structures

 

X

 

Location of existing and proposed drives (dimensions and radii), circulation

 

 a. connection

Sidewalks, non-motorized paths-select streets, accel, decel lanes

 

 

 

 

X

 

Signs, exterior lighting

 

 

 

 

 

NA

 

Curbing, parking areas, dimensions of typical space, number of parking spaces

X

 

Calculations of parking spaces, unloading areas

 

 

 X

 

Location, pavement width, ROW of all abutting roads, easements

 

X

 

Existing zoning, and zoning and use of abutting property

 

 

X

 

Location of existing vegetation-parkway association

 

 

 

 

X

 

Location, type, size of proposed landscaping, streetscape, greenbelt

NA

 

Location, height, type of existing and proposed fences and walls

 

NA

 

Size, location of proposed, existing utilities, connections to water/sewer

X

b. must hookup

Location, size of surface water drainage facilities

 

 

X

 

Existing, proposed topo contours, max 5 ft intervals

 

 

X

 

Rec/common areas, floodplain areas

 

 

 

X

 

Special Use Standards, general and specific

 

 

 

 NA

 

Residential development extra requirements-attached garages

 

 X

 

 

 

Steve Smit stated that the construction plans were already drawn according to the elevations given on the Sewer Master Plan.  He said that the stub street should not be required because the three lots were now owned by different individuals.

 

The zoning administrator stated that it was irrelevant who owned the parcels and how the land was split.  She stated that the Planning Commission could still require the stub street and had dealt with a similar situation with four different property owners on Port Sheldon, but still had required that four lots be developed as one site.

 

DeGood said that the stub street was needed to limit access to the two busy streets, 48th Ave. and Baldwin.  He said that there were still questions about the dry sewer.

 

Stasiak asked about providing a stub street to the property at the corner when the lots were already split.

 

The zoning administrator said that this was an opportunity for the Planning Commission to plan for the future to help limit driveway accesses to 48th Ave. and Baldwin, especially at this busy corner and with the fact that 48th Ave. was the designated north/south corridor.

 

Poskey said that the Planning Commission should take this opportunity to limit access to 48th Ave. and Baldwin.  He said that the stub street should be required to provide interior access to the northwest property.

 

Pearson asked about the process to rezone the property to NS at this corner.

 

The zoning administrator stated that the Master Plan called for this area to be LDR, but anyone could request anything and the Township would review and consider it.

 

South said that the interior access to the northwest corner was needed to limit access to 48th Ave. and Baldwin since they were busy streets and would get widened and only get busier.  He brought up the Fire Department memo and noted the following.  The 8 inch water main located on the west side of Berens Lane would have to be located on the east side per Township Water Department specifications.  Fire hydrant placements were designated.  The proposed street with the name of Brzezinski Ct. should be renamed because Ottawa County Road Commission specifications state that named roads utilizing the word “Court” are for permanent dead-end roads.  South said that Brzezinski Court should be renamed according to Road Commission specifications and the sewer question should be answered.

 

Honderd asked what zoning designation the Corridor Plan called for in this area.

 

The zoning administrator said that it called for LDR with limited access.

 

Huizinga said that the stub street should be provided to the property at the northwest of the site.

 

The chairman clarified that property notices had been sent for the public hearing and opened the public hearing.

 

Drew Thorpe, 1216 Lorrie Dr., asked if the three parcels would be allowed to have access to 48th Ave. or Baldwin.

 

Honderd said that it is a goal of the Planning Commission to limit access to the major streets through the planning process by directing that interior accesses be provided. 

 

The chairman closed the public hearing.

 

Steve Smit said the following.  The three parcels were zoned LDR for single family residences.  There would be only two drives onto 48th Ave. and the corner property would most likely have access from Baldwin because that was common sense.  Due to the size of the parcels, the uses would most likely be single family residences.  The corner piece was a little larger to meet the setback requirements on both streets.  It made no sense for the single family residences to have access through a back door driveway.  The Road Commission would not approve a road access to these parcels.  For the sewer issue, he visited the Township, checked the Master Plan, and talked to Denny Bishop.  There was never a problem relative to elevation.  He was told to go to the Master Plan.  This is an eleventh hour attempt to stop the plat.

 

Steve Smit asked about the person who inquired about changing the corner to NS.

 

Honderd said that there are real estate signs on the property and someone was probably checking into what uses would be allowed there if the property was to be purchased.

 

Steve Smit said the following.  It was possible.  His client always intended to use the corner property as split parcels for single family homes.  It was common sense.  If it could work, they would put the stub in; however, it did not work and they eliminated it.  Lots would not work after all the setbacks were provided for 48th Ave. and Baldwin.  These lots were not under the same ownership.  It made more sense to stub the street to the south because it was a larger parcel.

 

Poskey said that the request should be tabled to give the applicant an opportunity to address the issue of the stub street and sewer, as well as the other issues such as the name change and other issues listed on the Fire Department memo.

 

Pearson asked if it was possible to look at a previous plan with the street stubbed to the northwest property and one was provided that had been submitted by the applicant during the previous application process.  Pearson said that it might not be possible to get what the Township wants with an interior stub street now that the three lots are sold to different owners.

 

Honderd said the following.  The Planning Commission should look at the property at the northwest as vacant land, or at least he looked at it that way.  If it is vacant, regardless of who owns it or how it is split, the Township wants the access to come from an interior street.  The ball is in their court to come up with a way to develop it within the Township’s requirements.  The Planning Commission should always look for opportunities to prevent what happened with the parcel at the southwest corner of Baldwin and 36th Ave. when the corner property was not included in the development and there was no interior access.  This site at 36th Ave. and Baldwin has presented problems for the Township.  The Township received a request to rezone that property and did rezone it because it probably would not be developed as single family homes since there was no interior access.  Now a bad situation was created for that southwest corner of Baldwin and 36th Ave., and the Planning Commission should take the opportunity through the planning process to avoid a similar situation and not create this corner property without interior access.  Regardless of the owner’s intention, a process is in place for the Planning Commission to use good judgment for future planning opportunities.

 

Poskey stated that he agreed.

 

Pearson said that he worried about this situation because the property was split into three parcels.

 

Honderd said that it should be looked at as vacant land on the corner.  He said if needed the Planning Commission could ask the planning consultant to design a layout for residential lots with an interior access street.

 

Pearson said that as a former fire fighter, there was an issue with the name Brzezinski Court because a dispatcher would have a difficult time.  He suggested an easier name.

 

South said that there should be an interior access to the corner property because the lots would probably not be sold for LDR single family residences due to the busy roads and intersection, and the request should be tabled until the Township Board decided on the sewer issue.

 

Stasiak asked about the corner property being split into three parcels.

 

Steve Smit said the following.  The north and south parcel were purchased by one individual and the middle one was purchase by a different individual.  It was curious that the Planning Commission would look at vacant property since they required the stub street to the east where a campground was located and it was not vacant.  He could understand the vacant perspective, but he asked that they look at it from a practical perspective.  The corner piece could not be developed as a PUD since there was not live sewer and it was less than 10 acres.

 

Honderd said that with all of the information given to the applicant at this meeting and all the previous meetings, the Planning Commission was basically saying that development of this property was really premature at this time, especially since sewer is not available at this time.  He said that the Planning Commission directed that a stub street be installed to the east because that property owner requested it and indicated that she planned to develop it in the future into something other than the current use of a campground.

 

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

 

MOTION CARRIED.

 

It was noted that the item was tabled to give the applicant time to address the issues raised by the Fire Department including changing the street name with the word “Court,” to clarify the sewer issue and the interior stub street issue to the northwest on the site.

 

#060906-05 - Ordinance Amendments (review only on September 6—On September 20, 2006 hold the

public hearing, review and take action)

1.                  Sec. 29.6

2.                  Sec. 28.8

3.                  Sec. 28.2

4.                  Sec. 13.3(H)

5.                  Chapter 20

 

The notice was published with a date of September 20, 2006 for the public hearing and action can be taken on that date.  The item is on the agenda only for discussion on September 6, 2006.

 

The following Zoning Ordinance amendments were initiated by the Planning Commission at the August 16, 2006 for the following reasons:

 

A.                Sec. 29.6, Sec. 28.8, and Sec. 28.2 – to bring the Zoning Ordinance in compliance with the new Zoning Enabling Act.

B.                 Sec. 13.3(H) – to allow the use of a daycare in the OS district with a special use permit.

C.                 Chapter 20 – to clarify the title of the title of the Special Use Chapter

 

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.

(B)       The Planning Commission shall conduct a public hearing, the notice of which shall be given by two (2) publications in a newspaper of general local circulation, the first not more than thirty (30) nor less than twenty (20) days and the second not more than eight (8) days prior to the date of said hearing. in accordance with the statutory require­ments of the State of Michigan.

(C)       If the property involved borders another local government, the Clerk of said municipality is also to be given notice of the public hearing and said municipality to be given an opportunity to comment on any coordinated action or review deemed necessary.

(D)       Notice of the public hearing shall be mailed to property owners, as reflected on the tax rolls, of property which lies within three hundred (300) feet of the affected property.

(E)       If the affected property is within five hundred (500) feet of a Municipal boundary, the Planning Commission, following the public hearing, shall transmit its recommendation to the Ottawa County Planning Commission which shall review and comment upon the request within thirty (30) days of its receipt. Following such review period, if applicable, the Township Board shall deny, approve, or approve with conditions such amendment.

(F)(C)  The Township Board may hold additional hearings if it considers it necessary. Notice of such hearing shall be published not more than fifteen (15) days nor less than five (5) days before the hearing. in accordance with the statutory require­ments of the State of Michigan.

(G)(D) No petition for rezoning or Special Land Use , which has been disapproved , shall be resubmitted for a period of one (1) year from the date of disapproval, except as may be permitted after learning of new and significant facts or conditions which might result in favorable action upon resubmittal.

Sec. 28.8       HEARINGS.

When a notice of appeal has been filed in proper form with the Board of Appeals, the Secretary shall immediately place said request for appeal upon the calendar for hearing, and shall cause notices stating the time, place and object of the hearing to be served personally or by mail addressed to the parties making the request for appeal, at least five (5) days prior to the date of the scheduled hearing. All notices shall be sent to the addresses given in the last assessment roll. notice of such hearing shall be in accordance with the statutory require­ments of the State of Michigan.  The Board may recess such hearings from time to time, and, if the time and place of the continued hearing be publicly announced at the time of adjournment, no further notice shall be required.

Sec. 28.2       MEMBERSHIP - TERMS OF OFFICE - ALTERNATE MEMBERS.

(A)       The Township Board of Appeals shall consist of five (5) members. The first member of such Board of Appeals shall be a member of the Township Planning Commission; the second member may be a member of the Township Board; the additional three (3) members or four (4) if no member is a member of the Board shall be selected from the electors residing in the Township.  All members shall be appointed by the Township Board.  None of the additional three (3) members or four (4) if no member is a member of the Board shall be elected officers of the Township or employees of the Township Board; Members shall be appointed for three (3) year terms, except the Planning Commission and Township Board representatives who shall only serve while holding membership on those respective bodies. (revised Nov. 24, 2003)

(B)       Members of the Board of Appeals shall be removable by the Township Board for nonperformance of duty or misconduct in office upon written charges and after public hearing. A member shall disqualify himself or herself from a vote in which the member has a conflict of interest.  Failure of a member to disqualify himself or herself from a vote in which the member has a conflict of interest shall constitute misconduct in office.

Sec. 13.3       USES REQUIRING SPECIAL LAND USE APPROVAL.  (OS district)

(H)       Day care centers.

Chapter 2 Chapter 20 - SITE DESIGN STANDARDS FOR SPECIAL LAND USES

 

#060906-06 – Adjournment

 

The chairman adjourned the meeting at 8:15 p.m.