PC review for November 2005

Following is the documentation showing compliance with Ordinance requirements.

I D number	SUP0509	Date	10-24-05
Name	Nextel Communication
Address	8049 Ash/12^th Ave.
Use	Wireless Communication Tower	SUP required		Yes-Sec. 8.3(O)

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	See note a.
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				X
Sidewalks, accel, decel lanes				N/A
Signs, exterior lighting				N/A
Curbing, parking areas, dimensions of typical space, number of parking spaces				N/A
Calculations of parking spaces, unloading areas				N/A
Location, pavement width, ROW of all abutting roads, easements				X
Existing zoning, and zoning and use of abutting property				X
Location of existing vegetation				X
Location, type, size of proposed landscaping, streetscape, greenbelt				X	See note b.
Location, height, type of existing and proposed fences and walls				X
Size, location of proposed, existing utilities, connections to water/sewer				N/A
Location, size of surface water drainage facilities				N/A
Existing, proposed topo contours, max 5 ft intervals				N/A
Rec/common areas, floodplain areas				X
Special Use Standards, general and specific
Residential development extra requirements-attached garages

Additional Comments:

Notes:

a. The accessory building is permitted under Sec. 3.4(M). The setback to the west is noted as 56 feet;

however, the parcel to the west (P.P. # 70-14-11-200-007) is 231 feet wide and is also Township-owned park property. The elected officials have indicated that the parcels will be combined in the future. See the picture below.

b. The proposed tower and accessory structures are surrounded by vegetation to the east and west and an existing building to the south. To the north is grass and parking spaces.

c. The company has provided documentation with an agreement to allow other carriers to co-locate.

Landscape Preservation.

All existing trees are to remain except for one to be removed at the spot the tower is to be constructed.

Relation of Buildings to Environment.

The tower will be 120’ and situated on publicly owned land near the building with restrooms for the park.

Drives, Parking, and Circulation.

Nothing new is proposed. The access easement is located on the currently paved entrance and parking lot.

Surface Water Drainage

The park drainage will not change.

Utility Service

Shown and will be reviewed by the appropriate agencies.

Special Features

The proposed tower and accessory structures are surrounded by vegetation to the east and west and an existing building to the south. To the north is grass and parking spaces.

Special Use Standards

A narrative was supplied detailing compliance with the general and specific standards. All general and specific standards have been met and compliance is documented as follows:

Special Use Standards-General

(1) Be designed, constructed, operated and maintained so as to be harmonious and appropriate in appearance, with the existing or intended character of the general vicinity and that such a use will not change the essential character of the area in which it is proposed. The applicant indicated that the proposed facility will consist only of a 32’ by 40’ area and the character would remain the same because the overall area would still continue to be used as a park.

(2) Be served adequately by essential public facilities and services such as highways, streets, police, fire protection, drainage structures, refuse disposal, water and sewage facilities, or schools. The applicant indicated that the facility will be unmanned and will not require any additional services.

(3) Not create excessive additional requirements at public cost for public facilities and services. The applicant indicated that there would be no additional requirements.

(4) Not involve uses, activities, processes, materials, and equipment or conditions of operation that will be detrimental to any persons, property, or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare, or odors. The applicant indicated that none of the above would be involved.

Specific Special Use Standards

(AB) Radio, television, and wireless communication towers {excluding towers which meet the criteria of Sec. 3.27(B)}.

(1) The minimum lot size shall be the same as that of the district in which the tower is located. The parcel exceeds the minimum lot size.

(2) The tower shall be set back from all lot lines a minimum distance equal to one-half (1/2) the height of the tower. All other buildings, structures, and guy wires shall meet the minimum setback requirements of the Zoning District. The setbacks exceed this requirement (setback to the west listed as 56 feet –not quite half of the 120 tower height; however, the parcel to the west is Township property and the parcels will be combined in the future).

(3) In Residential Districts, such towers shall not exceed one hundred (100) feet in height, unless located on publicly owned land. This is publicly owned land.

a. Existing commercial wireless communication towers established prior to the adoption of the

Wireless Communication Tower Ordinance in November 1997, located in residentially zoned

districts may be rebuilt to a height not to exceed 195 feet for the sole purpose of

accommodating co-location. (revised 11-27-2000)

(4) A security fence at least six (6) feet in height shall be constructed around the tower and supports. The applicant indicated that the fence would be six feet high with barbed wire, which is permitted under Sec. 3.8(B) since this is owned by the Township.

(5) Where possible, joint use of tower facilities shall be required for multiple users in order to minimize the number of separate towers and individual locations throughout the township. As a condition of approval, the applicant shall agree to permit future users to share the tower facility. Documentation was provided indicating that co-location would be permitted, along with space reserved for Township use.

(6) Unless located on the same site or tower with another user, no new tower shall be erected within a two (2) mile radius of an existing radio, television, or cellular communications tower. This standard has been met as per Township officials.

(7) Where the effect of any of the provisions of this ordinance would be to prevent or preclude the operation of amateur radio antennas, the Township Board may approve the use if the applicant demonstrates that the requirements would interfere with the reasonable accommodations of amateur radio communications. (Revised 11-97) N/A.

The restroom building and site of proposed tower. Trees screen the residential area to the north and west.

The area at Maplewood Park where the cell tower will be erected.

2. Special Use Permit (SUP0510) Bob’s Transmission, 3220 Plainfield N.E., is requesting to have a vehicle repair establishment under Sec. 17.3(F), on a parcel of land described as P.P. # 70-14-22-363-002, located at 2336 Port Sheldon, in an (I) Industrial district

SUMMARY:

All ordinance requirements have been met for the site plan requirements, as well as for the general and specific special use standards. Documentation showing compliance has been provided after the summary. If the Planning Commission determines the site plan and special use standards to be appropriately met, direction could be given to publish the notice for the public hearing.

Following is the documentation showing compliance with Ordinance requirements.

I D number	SUP0510	Date	10/24/05
Name	Bob’s Transmission
Address	2336 Port Sheldon
Use	Vehicle repair, office, warehouse	SUP required		Yes- Sec. 17.3(F)

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	See note a.
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				X
Sidewalks, accel, decel lanes				X
Signs, exterior lighting				X	See note b.
Curbing, parking areas, dimensions of typical space, number of parking spaces				X	See note c.
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				X
Location, type, size of proposed landscaping, streetscape, greenbelt				X
Location, height, type of existing and proposed fences and walls				X
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				X
Residential development extra requirements-attached garages

Additional Comments:

Notes:

a. Chapter 24, footnote (r) requires that the front yard, for a depth of 30 feet, shall be landscaped and not used for parking. This has been shown for a distance of 90 feet from the centerline of Port Sheldon and meets the ordinance requirement.

b. Demonstration of compliance with the ordinance is provided for the wall sign as shown on the elevation. No additional freestanding signs are proposed as this time as per Note 8.

c. Parking calculations are provided correctly.

Landscape Preservation.

Existing trees are to be preserved and additional streetscape provided to meet ordinance requirements.

Relation of Buildings to Environment.

Elevations are provided and demonstrate that the addition is compatible with the existing building. Lighting details are provided on the elevations and on note 5, as well as noted in the special use standards that lighting will not spill onto adjacent properties.

Drives, Parking, and Circulation.

Parking spaces are calculated correctly and the number complies with the ordinance. A minimum of 24 feet is provided for a two-way drive aisle. Striping is shown at the north and south of the parking bank to illustrate the end of the parking spaces and is shown on the actual drive aisle.

Surface Water Drainage

The Drain Commission will review the plans and an approval is required from them at the time of building permit submittal.

Utility Service

Shown and will be reviewed by the appropriate agencies.

Special Features

The dumpster is shown as screened with a six foot high wooden fence.

Special Use Standards

A narrative is provided at the top left of the plan detailing compliance with the general and specific special use standards. All general and specific standards have been met and compliance is documented as follows:

Special Use Standards-General

A narrative was supplied in the first packet detailing compliance with the general standards. All general and specific standards have been met and compliance is documented as follows:

(1) Be designed, constructed, operated and maintained so as to be harmonious and appropriate in appearance, with the existing or intended character of the general vicinity and that such a use will not change the essential character of the area in which it is proposed. The applicant has provided documentation that the addition will be compatible with the existing building and surrounding area.

(2) Be served adequately by essential public facilities and services such as highways, streets, police, fire protection, drainage structures, refuse disposal, water and sewage facilities, or schools. The applicant has indicated that the site is serviced by adequate services.

(3) Not create excessive additional requirements at public cost for public facilities and services. There are no additional requirements at public costs for services.

(4) Not involve uses, activities, processes, materials, and equipment or conditions of operation that will be detrimental to any persons, property, or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare, or odors. The applicant has indicated that no part of the operation will be detrimental with excessive traffic, noise, smoke, fumes, glare or odor.

Special Use Standards-Specific

(AD) Vehicle service stations and repair.

(1) Minimum lot area shall be 15,000 square feet. The site is 42,000 square feet.

(2) Minimum lot width shall be one hundred (100) feet. There is 200 feet of frontage.

(3) All buildings, structures, and equipment shall be located not less than fifty (50) feet from any right-of-way line and not less than fifty (50) feet from any side or rear lot line abutting residentially zoned property. The site does not abut residentially zoned property. The building addition (and the specific part of the building that will be used for vehicle repair) is located at least 50 feet from the ROW. The northern-most 12 feet of the existing portion of the building will be used for office use. Therefore, this standard is met.

(4) Ingress and egress drives shall be designed in accordance with the standards of the Ottawa County Road Commission. The driveway is existing and no changes are proposed.

(5) No more than one (1) curb opening shall be permitted for every seventy-five (75) feet of frontage (or major fraction thereof) along any street, with a maximum of two per arterial street, and one for any other street. There is only one driveway.

(6) No drive or curb opening shall be located nearer than seventy-five (75) feet to any intersection nor more than twenty-five (25) feet to any adjacent residential property line. No drive shall be located nearer than fifty (50) feet, as measured along the property line, to any other driveway. A driveway shall not be permitted where, in the opinion of the Township Board, it may produce a safety hazard to adjacent pedestrian or vehicular traffic. The applicant indicated that the driveway is located more than 75 feet to an intersection and is not located adjacent to any residential district. The driveway is farther than 50 feet from another driveway.

(7) A raised curb of six (6) inches in height shall be constructed along the perimeter of all paved and landscaped areas. Provided.

(8) All areas not paved or occupied by buildings or structures shall be landscaped. Provided.

(9) All lubrication equipment, hydraulic hoists, and pits shall be enclosed entirely within a building. All gasoline pumps shall be located not less than fifty (50) feet from any lot line, and shall be arranged so that motor vehicles shall not be supplied with gasoline or serviced while parked upon or over-hanging any public sidewalk, street or right-of-way. All equipment will be located within the building and there are no gas pumps.

(10) When the site adjoins residentially zoned property, a greenbelt or sight-obscuring fence shall be provided in accordance with Section 3.11. The site is not adjacent to a residential district.

(11) In the HS and I Districts, all outside storage areas for trash, used tires, auto parts and similar items shall be enclosed by a six (6) foot sight-obscuring wall or fence. No such outside storage area shall exceed an area of two hundred (200) sq. ft. Outside parking of disabled, wrecked, or partially dismantled vehicles not to exceed a maximum of five (5) such vehicles shall not be permitted for a period exceeding ten (10) days. No such outdoor storage areas or parking of disabled, wrecked, or partially dismantled vehicles shall be permitted in the CS district. (revised 12-29-1998) There is no outside storage area. The applicant has indicated that the outside parking of disable vehicles will not exceed a maximum of 5 vehicles and would not be permitted for a period exceeding 10 days.

(12) The rental of trucks, trailers, and any other vehicles on the premises is expressly prohibited without specific approval by the Township Board. If such use is permitted, proper screening, landscaping, and additional parking area shall be provided in accordance with the requirements set forth by the Township Board. No rental is proposed.

(13) The lot shall be located such that it is at least three hundred (300) feet from an entrance or exit to any property on which is situated a public library, public or private school, playground, playfield, park, church or hospital. Below see the GIS map and list detailing properties within 300 feet of the subject site. This standard is met.

(14) All exterior lighting, including signs, shall be erected and hooded so as to shield the glare of such lights from view by adjacent property. The applicant had indicated with a note that the lighting will not reflect onto adjacent properties.

(15) On a corner lot, both street frontage sides shall be subject to all the applicable front yard provisions of this Ordinance. This is not a corner lot.

(16) Where applicable, vehicle queuing space shall be provided in front of each service bay for at least two (2) vehicles. The applicant has indicated that there will be no vehicle queuing.

70-14-22-300-003	GRAA PROPERTY MANAGEMENT LLC	2380 PORTSHELDON CT	JENISON
70-14-22-300-010	LB & LB CONSTRUCTION INC	4542 PORTSHELDON ST	HUDSONVILLE
70-14-22-361-007	UNITED COLLECTION SYSTEMS	2351 PORT SHELDON ST	JENISON
70-14-22-362-004	THRIFTY PETROLEUM PROP LLC	3388 76TH ST	BYRON CENTER
70-14-22-363-001	GRZESIAK CAROLYN L-TRUST	2258 PINEWOOD ST	JENISON
70-14-22-363-002	BRZEZINSKI GEORGE W	2336 PORT SHELDON ST	JENISON
70-14-22-363-003	BERGHORST DRYWALL CO	4542 PORT SHELDON RD	HUDSONVILLE
70-14-22-363-004	PONSTEIN SHERYL-TRUST	6601 WILSHERE DR	JENISON
70-14-22-363-005	FEDEWA ROBERT	PO BOX D	GRAND RAPIDS
70-14-22-363-006	ELENBAAS PROPERTIES LLC	PO BOX 8	JENISON
70-14-22-361-004	D & D LAND INVESTMENT LLC	2464 WILSHERE DR	JENISON
70-14-22-361-006	WERKHOVEN PROPERTIES ONE LLC	3291 28TH ST	GRANDVILLE
70-14-21-400-038	OTTAWA COUNTY ROAD COMM	PO BOX 739	GRAND HAVEN
70-14-21-400-076	GRAA PROPERTY MANAGEMENT LLC	2380 PORT SHELDON ST	JENISON

The existing building located in an Industrial district.

The parking lot in the Industrial district.

3. Special Use Permit (SUP0511) Cottonwood Heights Christian Reformed Church, 1101 Cypress, is requesting to have a church under Sec. 8.3(A) and to have a day care center under Sec. 8.3(N), on parcels of land described as P.P.# 70-14-14-200-042, 70-14-14-200-058, 70-14-11-400-033, 70-14-11-400-032, 70-14-11-400-030, located at 8000, 8215, 8205 Ash and 12^th Ave., in a (LDR) Low Density residential district

The proposal is to erect a new youth building near the entrance off 12^th Ave. and relocate the youth activities to the new building. The daycare use will then expand into the whole area of the existing building on the northwest area of the site. In addition, a canopy is proposed to be erected over the entrance off Ash Dr. Although the church has been in existence since 1971, a special use permit is required since changes are proposed for the site and the current ordinance requirements must be met. Similarly, although the daycare exists in the building on the northwest of the site, a special use permit is required since the use will expand into the whole existing building.

Two variances have been granted for the site, including one waiving the requirement of the greenbelt for the daycare and one for the lot width along 12^th Ave. Excerpts of the minutes are included.

The site currently includes five parcels. Since this results in a non-conforming situation because the buildings meet setback requirements in regards to the overall site (rather than each individual parcel), the recommendation is for all the parcels to be combined and an overall legal description be provided.

SUMMARY:

All ordinance requirements have been determined to be met for the site plan, as well as for the two special use permit standards, and documentation showing compliance has been provided after the summary. Only the following issues remain:

1. The existing zoning and land use is listed for each area of the site except for across 12^th Ave. where the property is zoned LDR and the use is a park. If the PC chooses, this information could be required to be added (or it could be waived by the PC).

2. The five parcels could be required to be combined and a legal description provided for the overall site.

3. The Planning Commission could consider any element that was noted as existing (and left alone) and require a revision that is deemed appropriate as per the notes provided in the detailed review.

4. The calculation in the special use standard for acreage is incorrectly shown as multiplying 7 times the 15,000 square feet required for each 100 seats, rather than the correct number of 8 since the seating is 743 and the fraction of 100 is to be rounded up. The site still meets and exceeds the special use standard since it is 6.11 acres.

5. If the Planning Commission determines the site plan and special use standards to be appropriately met, direction could be given to publish the notice for the public hearing.

Following is the documentation showing compliance with Ordinance requirements.

I D number	SUP0511	Date	10-26-05
Name	Cottonwood Heights CRC
Address	1101 Cypress
Use	Church and daycare center	SUP required		Yes-Sec. 8.3(A), 8.3(B)

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					See note a.
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				X
Sidewalks, accel, decel lanes				X
Signs, exterior lighting				X	See note b.
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					See note c.
Location of existing vegetation				X
Location, type, size of proposed landscaping, streetscape, greenbelt				X	See note d.
Location, height, type of existing and proposed fences and walls				X
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				X
Residential development extra requirements-attached garages

Additional Comments:

Notes:

a. The site currently includes five parcels. Since this results in a non-conforming situation because the buildings meet setback requirements in regards to the overall site (rather than each individual parcel), the recommendation is that all the parcels be combined. The applicant was informed that this recommendation would be made. The suggestion was presented to the applicant that rather than list each legal description, the overall legal description could be provided if the Planning Commission adds a condition of approval for the parcels to be combined.

b. No new signs are proposed and the existing sign is to remain. The new lights are noted to be downward directing.

c. The existing zoning and land use is listed for each area of the site except for across 12^th Ave. where it is zoned LDR and the use is park. If the PC chooses, this information could be added (or waived).

d. The streetscape requirement is met if six trees along the existing drive entrance from Ash Dr. are included in the calculation. These trees are in front of the church along this street. A variance had been granted for the greenbelt along the northwest border (see additional information under the special use standards). A new greenbelt was provided along the southwestern area of the parking lot with the addition of 4 trees (not the area of the existing parking spaces) and to the northwest of the parking lot with the addition of 8 trees and the existing 3 trees (not the area of the daycare). Plus, a tree area exists to the south west of the parking lot that would remain and help to screen the adjacent properties from the parking lot and structures. If the Planning Commission determines it appropriate, parking spaces along the southeastern property line could be required to be removed and a greenbelt required to be added at this location. However, I would not make that determination and would rather leave that to the PC’s discretion.

Landscape Preservation.

Existing trees are noted on the plan and will remain. Additional trees are proposed for the streetscape along Ash Dr. and existing trees meet the streetscape along 12^th Ave. (The frontage is 153 along 12^th Ave. and 13 trees are provided and only 7 are required. The frontage along Ash Dr. is 459.13 and 19 trees are provided including the northwestern-most trees along the entrance from Ash Dr. and 19 are required.

Relation of Buildings to Environment.

Elevations provided demonstrate that the portico and the new proposed building are harmonious with the existing structures and neighborhood. Lighting details provided indicate that the lights will be downward directing.

Drives, Parking, and Circulation.

The parking spaces (other than the 9 new proposed along the entrance from 12^th Ave.), drive aisles and circulation pattern are existing. The drive aisles scale to 25 feet except for the 20 foot driveway entrance off Ash Dr. If the Planning Commission determines it appropriate, the applicant could be directed to supply the drive aisle dimension. However, since this is existing (with no changes proposed to the parking lot or circulation) and no issues in this regard have been made know to the Township, I would determine this to be appropriate and would leave any other direction in this regard to the PC’s discretion.

Surface Water Drainage

Relatively few changes are proposed to affect the existing drainage. The Drain Commission will review the plans and an approval is required from them at the time of building permit submittal.

Utility Service

Shown and will be reviewed by the appropriate agencies.

Special Features

The dumpster is noted to be enclosed with a 6 foot wooden fence.

Special Use Standards

A narrative was supplied by the applicant detailing compliance with the general standards. Demonstration with the specific standards is supplied. All general and specific standards have been met and compliance is documented as follows:

General Special Use Standards

(1) Be designed, constructed, operated and maintained so as to be harmonious and appropriate in appearance, with the existing or intended character of the general vicinity and that such a use will not change the essential character of the area in which it is proposed. The applicant has indicated that the site has been in existence for over thirty years and continues to be harmonious with the neighborhood.

(3) Not create excessive additional requirements at public cost for public facilities and services. The applicant indicated that there are no additional requirements at public cost.

Specific Special Use Standards

(E) Churches (in residential districts only-revised April 1998).

(1) Minimum lot area shall be two (2) acres; plus an additional fifteen thousand (15,000) square feet for each one hundred (100) seating capacity or fraction thereof in excess of one hundred (100). The applicant indicated on the plan that there is seating for 743; therefore, 8 times 15,000 plus the first two acres equals less than 5 acres. The calculation for this incorrectly lists 7 times 15,000. However, the site is 6.11 acres which exceeds the requirement.

(2) The property location shall be such that at least one (1) property line with a minimum lot width of two hundred (200) feet abuts and has access to a collector, major arterial, or minor arterial street. (revised 2-24-2003) This standard has been met with the granting of a variance. See the following excerpt of the minutes.

(K) Day care centers.

(1) There shall be provided, equipped and maintained, on the premises, a minimum of one hundred and fifty (150) square feet of usable outdoor recreation area for each client of the facility. The applicant has provided calculations for 30 clients times 150 square feet equals 4,500 square feet required. The existing play area is 3, 276 and an additional 1,224 square feet is proposed and shown on the plan.

(2) The outdoor recreation area shall be fenced and screened from any abutting residential district by a greenbelt, in accordance with the requirements of Section 3.11. The applicant has shown the fence to be four feet high around the existing area and the proposed addition. A variance was granted for the greenbelt. Due to the wording of the variance that was granted, I would determine that no greenbelt would be required at the time of the request or any time in the future. The words are as follows: “to grant the variance for Cottonwood Heights CRC, 8000 Ash Dr., to operate a day care with no landscaped greenbelt.” In many instances, when the ZBA wants to limit a variance, it is tied to a site plan or specific limits are listed (such as words stating that no new setback is established). However, when granting this variance, the ZBA said that the variance was to operate the daycare with no landscaped greenbelt.

(3) In addition to required off-street parking, off-street pick-up and drop-off areas shall also be provided. Off-street parking, as well as pick-up and drop-off areas are provided.

(4) The facility shall comply with all applicable State licensing requirements. A copy of the license was provided (copies could be distributed or the license could be shown at the meeting). It expires 7/16/07 and lists the capacity of 30.

Excerpts from the minutes when the variances were granted:

Minutes of September 28, 2005

#050928-03 - (VAR0508)

Moved by Don Upp, seconded by Greg Honderd, to approve (VAR0508) Cottonwood Heights C.R.C., 1101 Cypress, to have a church with one property line having 185 feet of lot width, a variance of 15 feet from Sec. 20.4(E) that requires that a church have property such that at least one property line has a minimum of 200 feet that abuts and has access to a collector, major arterial, or minor arterial street, in a (LDR) Low Density Residential district, on parcels of land described as P.P. # 70-14-14-200-042, 70-14-11-400-033, and 70-14-11-400-032, located at 8215 and 8000 Ash, 12^th Ave. and 1101 Cypress, Georgetown Township, Ottawa County, Michigan, because of the fact that the church has been in existence since the early 1970’s and had to conform to standards at the time it was built, and because it meets all seven standards of the ordinance.

The chairman said that 15 feet is a relatively small and a minor amount compared to the 200 feet of width. He said that the variance is based on the fact that this is long-standing structure that was built according to the ordinance in effect at the time.

Greg Honderd said that granting the variance meets the spirit of the ordinance because the main driveway is less detrimental to the neighboring properties. He said that the traffic does not come close to the neighboring houses and is plenty of distance away. He said that the lot has a unique shape which makes the lot much wider than the 200 feet width required. He said that granting the variance was still keeping the spirit of the ordinance by protecting the neighbors.

There was discussion regarding the church property and which parcels were included.

The chairman said that he wanted to emphasize that they looked at the standard entrance and looked at the 12^th Ave. property line as it goes north at a 45 degree angle. He said that this creates an oddly shaped lot that results in a mathematical configuration to determine lot width for this odd shape. He said that this shape accentuates their inability to come up with the 200 feet. He said that there were two property lines pre-existing at angles that make the lot wider than it appears.

MOTION CARRIED.

Minutes of August 28, 1996:

#960828-02 - VAR9621

Moved by Henry Hilbrand, seconded by Bill Kotsifas, to grant the variance for Cottonwood Heights CRC, 8000 Ash Dr., to operate a day care with no landscaped greenbelt, a variance from the at least ten feet in width of landscaped greenbelt required in Sect. 20.4(K)(2) and Sect. 3.11, on parcels of land described by P.P.# 70-14-14-200-042, P.P.# 70-14-11-400-030 and P.P.# 70-14-11-400-033, in a (LDR) Low Density Residential District, located at 8000 Ash Dr., in Georgetown Township, Ottawa County, Michigan, with the hardship that the applicant has an apparent need to preserve the natural vegetation in the area, which could not be preserved if the greenbelt was required, and that with the variance there will be better playground design and placement of equipment with a rectangular shape as opposed to the area being long and narrow.

Greg Honderd stated that the church has not proven that they can not move the play area. He also said that in the fenced play area children could throw objects over the fence.

The applicant stated that the ages of the children in the day care would range from 2.5 to 6 years old.

Bill Kotsifas stated that he would rather see the children play in a grass area than a paved area.

Yeas: Henry Hilbrand, Bill Kotsifas, Merwyn Koster

Nays: Greg Honderd, Jim LaPlante

MOTION CARRIED.

The daycare fenced existing area. The area for the new proposed youth building.

The area for the proposed canopy. The area for the addition to the fenced play area.

4. Special Use Permit (SUP0512) Meijer Stores L.P. (Progressive AE), 550 Baldwin, is requesting to have a drive-in establishment under Sec. 15.3(A) and an open air business under Sec. 15.3(B), on a parcel of land described as P.P. # 70-14-13-300-075, located at 550 Baldwin, in a (CS) Community Service Commercial

The proposal is to construct a 35 by 421 foot addition to the eastern side of the store and eliminate the entrance from that area, to relocate the outdoor garden center to the east of the addition, and to add a drive-in pharmacy window to the northeast corner of the building. The applicant has indicated that the interior of the store would be remodeled to incorporate these changes.

Due to the fact that changes were proposed and the current ordinance requirements would have to be met, special use permit applications were required for an open air business for the outdoor garden center and for a drive-in establishment for the pharmacy pick-up window. Keeping in mind that this is an existing site that was constructed in the early 1970’s, as many elements as possible were addressed with the applicant prior to the submission. Multiple meetings were conducted (one for three hours) for discussion regarding changes to the site. In addition, several site visits were conducted. The applicant understood that certain elements would have to be addressed, while both the applicant and representatives from the Township conceded that since this was not new construction, not all elements would be addressed as if it was new construction.

One goal was to have a site plan that reflects the existing, as well as recently approved, changes to the area including adjacent sites with all the splits and new construction around the site. Unfortunately, the issue with Cottonwood Center has not been settled between Meijer and Bill Bussey. Therefore, the plan does not reflect the curbed landscaped island (that was approved for the Cottonwood Center PUD) between the Cottonwood Center and the gas station. Greg Heath from Meijer indicated that Meijer has not agreed to the layout of the site plan for the portion of land located on the Meijer property. It appears that the site plan was presented to the Planning Commission without knowledge or approval of Meijer for the Meijer portion. They are still in discussion and negotiation.

In the future we will require signed affidavits from applicants and property owners for a site plan if they are not the same entity to prevent such a situation occurring again.

In regards to the changes to the site, Meijer was informed that certain elements would have to be addressed if their proposal was to be approved, such as the continued sidewalk along Cottonwood to connect the newly installed sidewalk in front of the Cottonwood Center and the sidewalk that Bill Bussey agreed to install for Wizard Wash and the very messy unorganized circulation pattern at the northeast corner of the building.

Other than the two driveway accesses, Meijer does not have frontage on Baldwin. The applicant was encouraged to show on the site plan what they call the seasonal bag corral (known by the rest of us as the nursery or greenhouse).

SUMMARY:

Ordinance requirements have been met and documentation showing compliance has been provided after the summary. Only the following issues remain (unless the Planning Commission was to require any additional site improvements):

1. The 5^th 3^rd building is shown incorrectly and should be corrected (the applicant has

already corrected it on the pdf file that will be displayed at the meeting).

2. Details should be provided for the pharmacy drive-in sign that demonstrate compliance

with the ordinance, including maximum size of 4 square feet and that there would be no advertising matter on the sign.

3. Landscaping should be provided in all the proposed curb islands as currently exists in

the canoe island that was installed to establish the private street for Culvers.

4. The applicant is asking for a waiver for the site plan requirement of showing topography

because this is an existing site that is fairly flat. The PC has the authority to do this under Sec. 19.4.

5. Should the proposed curbed island perpendicular to the west property line be extended to

address that misaligned intersection?

6. A note should be added stating that lights would be downward directing to meet the special

use standard for open air business.

7. The applicant has indicated that a letter would be supplied stating that the hashed area by the drive-up window would be raised if within a year the need was demonstrated. Does the PC want this?

8. The Planning Commission should mention in the minutes if it is acceptable for the number of parking spaces to be reduced from the required number if landscaping is provided as per authority given under Sec. 26.9(K).

9. If the Planning Commission determines the site plan and special use standards to be appropriately met, direction could be given to publish the notice for the public hearing.

Following is the documentation showing compliance with Ordinance requirements.

I D number	SUP0512	Date	10-26-05
Name	Meijer
Address	550 Baldwin
Use	Retail/open air garden center/pharmacy drive/in	SUP required		Yes-Sec. 15.3(A), 15.3(B)

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	See note a.
Location and dimensions of existing and proposed structures				X
Location of existing and proposed drives (dimensions and radii), circulation				X
Sidewalks, accel, decel lanes				X	See note b.
Signs, exterior lighting				X	See note c.
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				X
Location, type, size of proposed landscaping, streetscape, greenbelt				X
Location, height, type of existing and proposed fences and walls				X	See note d.
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					See note e.
Rec/common areas, floodplain areas				X
Special Use Standards, general and specific				X
Residential development extra requirements-attached garages

Additional Comments:

Notes:

a. The 5^th 3^rd Bank building abutting the site to the north is shown incorrectly. The applicant was informed and already revised the plan in the pdf file.

b. The sidewalk has been shown connecting to the south with the sidewalk already installed along Cottonwood for Cottonwood Center and will connect with the sidewalk all the way to the railroad tracks that was proposed by Wizard Wash.

c. Sign detail should be provided for the pharmacy drive-in window to verify that the sign complies with Sec. 25.4(F) which states that a sign directing and guiding traffic is exempt as long as there is no advertising matter and it does not exceed 4 square feet. Lighting details are provided. A note could be added stating that lights would be downward directing.

d. A six foot high fence is proposed for the outdoor garden center.

e. The applicant has indicated that they wish to request a waiver for topography on the site plan due to the facts that the site is existing and that it is fairly flat. This decision would have to be made by the Planning Commission.

Landscape Preservation.

Existing landscaping is shown and will be preserved. A greenbelt currently exists along the western property line and will remain. Landscaping was proposed to be added along Cottonwood when Wizard Wash was approved and this is technically Meijer property. No landscaping could be added adjacent to the gas pumps without removing them. They were instructed to add landscaping along the area north of the railroad tracks that was dedicated as greenspace for the Culvers PUD. A note on the plan indicates that the frontage here is 296.48 feet and 12 trees are proposed (296.48/25 = 12). In addition, it would seem to be appropriate to require landscaping to be installed in all the proposed curbed islands, as was installed in the canoe area that was established for the Culvers private street. They could carry through the same landscaping detail.

Relation of Buildings to Environment.

Elevations have been provided and demonstrate that the addition will be harmonious with the existing structure. The truck well on the eastern side of the building will be removed. Calculations are provided for loading space requirements. Lighting details are provided; however, a note should be added that the lights would be downward directing. The seasonal bag corral (as called by Meijer, the nursery as known by the rest of us) is shown on the plan (at the Township’s request) to be included in the open air business. This is to be used during the spring and summer months.

Drives, Parking, and Circulation.

Parking calculations have been provided. Although 1078 are required and 1072 provided, 46 parking spaces had been converted to landscaped traffic islands as requested by the Township when the Culvers PUD was approved (to help identify the private street to Culvers). This meets Sec. 26.9(K) which allows the Planning Commission to grant a reduction in the number of parking spaces. I recommend that this be noted in any motion made by the PC.

Circulation on the site is the big issue that the Planning Commission has been looking forward to addressing. The northeast corner (where the pharmacy drive-in window is proposed) is the area defined at the previous PC meetings that is in the direst need for correction efforts. Several site visits were conducted with the Supervisor, Scott Weeks and me. We determined that the best solution to the congestion (and even for that unorganized corner) was to try to establish a ring road around the site in order to funnel traffic through a defined area to cut down on the willy-nilly zigzag driving through the site.

To accomplish this, the applicant was directed to add curbed island to the remaining three banks of parking spaces to the east of the building by the gas station/convenience store. This helps to establish the continuation of the ring road that was defined when the canoe and curbing were added to define the private street for Culvers. With the addition of the curbed islands, the ring road would continue north from Culvers (toward the Cottonwood Center) all the way to the furthest defined drive off Cottonwood. Traffic could then turn either east to exit or west toward the store for parking or to access the drive-in window. If a vehicle would turn to the west, these east/west lanes have now been narrowed in width to control traffic. In addition, further drive definitions are provided as the lanes head toward the west. Hopefully, much of the traffic would use the defined ring road to traverse the site rather than zigzagging through the parking lot.

To address the unorganized traffic patterns at the northeast corner (where the pharmacy drive-in window is shown) the applicant has proposed to extend the curbed island that was previously approved for Cottonwood Center (the southwest corner of the site that had been part of the Cottonwood Center plan). This would narrow the intersection (across from the drive-in window) that carries vehicles from the eastern-most driveway access off Baldwin. Then, instead of trying to align the opposite part of the intersection (that has always been askew), this part of the intersection was moved farther to the east which would (hopefully) be a better scenario than having the misaligned intersection. This would become its own intersection without the possibility to continue through to the north. Although it certainly is not ideal, it appears that it would be an improvement over the existing misaligned intersection. This is more clearly shown in the enlarged detail on the plan. Vehicles could access the drive-in window by turning right (north) if coming from the west (Baldwin entrances), by turning left (north) if coming from the east (Cottonwood entrances), or by turning directly left (heading west into the drive lane of the drive-in window) if coming from the north. This last scenario is one that we would be hoping to avoid as much as possible and is the reason for further establishing the ring road. It would seem that the only ones to enter in this last proposed way would be those who would be coming from the bank of parking spaces to the east of the structure. It would seem that vehicles would sooner access this window from the ring road which would be quicker, more direct and be accomplished with less willy-nilly driving through the parking lot.

Although we discussed several alternative ideas for the traffic pattern to access the drive-in window, the one that is now proposed at least some-what addresses the Township’s concerns for this area while providing the access Meijer wants for the window. Of course, Township representatives provided Meijer with a future wish-list to further clean-up the site, including the addition of curbed islands north of the banks of parking spaces to further establish a ring road along the northern properties that were split (for Macatawa Bank, 5^th3rd Bank, Fazolis’s and Advance Auto). In addition, such islands could further define a ring road as it would head to the rear of the store (by the loading docks) to continue around the store to access Tudor Time, Soccer Zone, Pages in Time and Culvers. However, we realize that this area is not affected by the current proposal and, according to the planner, we have to be careful what we require for an existing site.

Surface Water Drainage

The drainage system currently exists. The Drain Commission will review the plans and an approval is required from them at the time of building permit submittal.

Utility Service

Shown and will be reviewed by the appropriate agencies.

Special Features

At the Township’s urging, the seasonal bag corral is shown to the east of the building. We know this as the nursery. This will be in place for spring and summertime.

General Special Use Standards

All general and specific standards have been met and compliance is documented as follows:

General Special Use Standards

(1) Be designed, constructed, operated and maintained so as to be harmonious and appropriate in appearance, with the existing or intended character of the general vicinity and that such a use will not change the essential character of the area in which it is proposed. This site has been in existence since the early 1970’s and, as per the elevations provided, the additions and changes are compatible with the existing site and would not change the essential character of the area.

(3) Not create excessive additional requirements at public cost for public facilities and services. There are no additional requirements at public costs for facilities or services.

(4) Not involve uses, activities, processes, materials, and equipment or conditions of operation that will be detrimental to any persons, property, or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare, or odors. There would be no excessive production of traffic, noise, smoke, fumes, glare or odors.

Specific Special Use Standards

(Z) Open air businesses.

(1) Minimum lot area shall be one (1) acre. The site is over 26 acres.

(2) Minimum lot width shall be two hundred (200) feet. The lot width on Cottonwood is in excess of 500 feet.

(3) Except in the Agricultural Districts, the Township Board may require a six (6) foot fence or wall to be constructed along the rear and/or sides of the lot to keep trash, paper, and other debris from blowing off the premises. A 4 foot high fence is proposed for the outdoor display area which is located in the interior of the site.

(4) All open air businesses shall comply with all applicable Health Department regulations regarding sanitation and general health conditions. Must meet.

(5) The Township Board may, to insure strict compliance with any regulation contained herein and required as a condition of special land use approval, require the permittee to furnish a Surety Bond in accordance with Section 29.4(B) of this Ordinance. It does not seem that this would be necessary or appropriate.

(6) The lot area used for parking shall be hard-surfaced and the display or storage areas shall be provided with a permanent, durable, and dustless surface, and shall be graded and drained so as to dispose of all surface water. Met.

(7) Ingress and egress shall be provided as far as practicable from two (2) intersecting streets and shall be at least one hundred (100) feet from an intersection. Met.

(8) All lighting shall be shielded from adjacent residential areas. The applicant should provide a note as such.

(9) In the case of a plant materials nursery:

a. The storage or materials display areas shall meet all the yard setback requirements applicable to any building in the District. Met.

b. All loading activities and parking areas shall be provided on the same premises (off-street). Met.

c. The storage of any soil, fertilizer, or similar loosely packaged materials shall be sufficiently contained to prevent any adverse effect upon adjacent properties. Since this use is located on the interior of the site, it appears that this standard would be sufficiently met.

(10) No display area shall be located within ten (10) feet of a road right-of-way line. Met.

(Since there were no specific standards for a pharmacy drive-in window, these standards were applied because the use would be similar)

(L) Drive-in restaurant.

(1) The main and accessory buildings shall be set back a minimum of sixty (60) feet from any adjacent right-of-way line or residential property line. Met.

(2) Public access to the site shall be located at least one hundred (100) feet from any intersection as measured from the nearest right-of-way line to the nearest edge of said access. Met.

(3) Where the site abuts residentially zoned property, a greenbelt shall be provided along such property line, in accordance with Section 3.11. Met with the existing tree line.

(4) The site shall be so designed as to provide adequate stacking space for drive-through customers without obstructing access to off-street parking spaces, interfering with traffic circulation through the site, or causing vehicles to queue off the site. Met. Traffic circulation patterns are improved from the current situation (though not necessarily the best since this is an existing structure.

(5) Outdoor speakers for the drive through facility shall be located in a way that minimizes sound transmission toward neighboring property and uses. Met. This is located in the interior of the site and away from neighboring properties.

The addition and open air business will be here. This island will be extended to the south and west.

Site of the drive-in window and improved circulation pattern. This is where curbed islands will be added.

The following pictures show the existing greenbelt along the residential neighborhood.