Minutes of the regular meeting of the Georgetown Township Planning Commission, held Wednesday, December 21, 2005

 

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

 

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

Absent: none

 

#051221-01 - Agenda for December 21, 2005

 

Moved by South, seconded by DeGood, to approve the agenda for December 21, 2005, as presented.

 

MOTION CARRIED.

 

#051221-02 - Minutes of the November 16, 2005 regular meeting and the December 7, 2005 work

session meeting

 

Moved by South, seconded by Stasiak, to approve the minutes of the November 16, 2005 regular meeting, as submitted.

 

MOTION CARRIED.

 

Moved by DeGood, seconded by South, to approve the minutes of the December 7, 2005 work session meeting, as submitted.

 

MOTION CARRIED.

 

#051221-03 - Special Use Permit (SUP0513) Orion Construction (Integrated Architecture), 2020

Raybrook Ave., is requesting to have a restaurant under Sec. 13.3(B), on a parcel of land described as P.P. # 70-14-17-300-009, located at 7559 36th Ave., in a (OS) Office Service District, Georgetown Township, Ottawa County, Michigan.

 

Gary Postema, Orion Construction, represented the applicant and presented the request.  He said that the decel lane had been added and was approved by the Ottawa County Road Commission.  He provided elevations for the north and east side.

 

The zoning administrator presented a review with comments from the planner including the following: the building and parking lot should be flipped; directing the applicant to seek a variance to permit the building to be closer that the 50 feet to a residential property line; provide evergreens with a height between six and twelve feet for a dense buffer; locate store fronts on the east side of the building; provide a 15 foot sidewalk next to the storefronts to stimulate pedestrian activity; locate landscape plantings within the sidewalk area with benches to provide a suitable outdoor environment; provide a sidewalk along 36th Ave.; provide bike racks; move the dumpster as far as possible away from the residential area; screen the transformer and locate it on the southeast side of the building; and the building should be constructed with a more “residential” feel by a hip roof with gables, bay windows, breaks in the treatment along the west side of the building, colors and materials that compliment the existing area, and provide the building height to assure that it is compatible with the area.  Additional comments from the planner included to use minimal site lighting and low scale signage; specify hours of operation; require a traffic impact study and eliminate the decel lane on Baldwin.

 

South said that he agrees with moving the building back because of vehicle lights, plowing and the traffic flow.

 

The applicant asked if that would affect the size of the parking lot.

 

The zoning administrator said that the ordinance required the front setback area to be landscaped with no parking and unnecessary drives.  She said that the applicant would have to request a variance if a waiver of that requirement was sought.

 

The chairman said that the applicant would need a variance to flip the site.

 

Pearson said that the elevations that had been provided did not have a residential feel and that the other buildings in the area including the church and fire station did have a friendly residential feel.

 

The chairman opened the public hearing.

 

Brian Newenhouse, 7560 Russell Ct., said that his house is on the west side and that the best draws of the neighbors to the area was that there were no businesses.  He said that the neighborhoods bring the people and there is no appeal to have their home by a business.

 

The chairman said that the applicant has the right to put up the building with office uses, but the special use permit request is for a restaurant which is a more intense use than offices.  He said that they would look at the impact to the neighborhood of the restaurant and the office use would have less impact.

 

Brian Newenhouse said that it would be nice to move the building to another location and that the headlights from the cars would impact his two-year who has a bedroom near there.  He said that there were churches and schools in the area, but no businesses.  He said that they should take into consideration those who would be impacted by the building.  He said that the trees on the berm could die and they would have to look at the back of the building.

 

The zoning administrator said that there is an ordinance that requires landscaping to be maintained.

 

Kim Newenhouse, 7560 Russell Ct., spoke in opposition to the proposal.

 

Kelly Ford, 7550 Russell Ct., said that she moved into her house not knowing that the corner land was zoned commercial and that they would get garbage in the back of their yard.

 

The chairman said that the garbage dumpster was required to be screened.

 

Kelly Ford said that they would have the restaurant smell and asked what other uses could go in.

 

The chairman said that if other uses are requested to go into the building that require special use permits, the neighbors would be notified.

 

Michelle Burns, 7569 Russell Ct., said that when they first bought the house they did not know that the corner was commercial and they had liked the area because it was out in the country.  She said that the school was okay and she was worried about her young children.  She asked if the Township would give them money for a fence and if they would get a tax break because the building would kill their property value.  She said that the neighbors do not like the proposal.

 

The zoning administrator said that the ordinance required screening for the parking lot.

 

The chairman said that the Township would not give them money for a fence and they would have to talk to the Township assessor about getting their taxes lowered because the Planning Commission has nothing to do with taxes.  He said that they were hesitant to require a fence.

 

Barry Kohley, 2932 Michael Ct., said that he was concerned with the residential character and there were other areas for a restaurant, such as the commercial area by the hockey rink.  He said that this was already zoned for offices like a doctor or lawyer’s office.  He said that the more intense use was not compatible with the school.  He said that a restaurant like a Subway would encourage kids to skip school.

 

The chairman explained that if the special use permit was approved for a restaurant, the Planning Commission had no control over which restaurant would go in.

 

The applicant stated that they could put in a building with a residential feel like the Bread of Life Church.

 

Michelle Burns said that they do not want the building and do not want to look at it.  She said that it would not be safe for her kids and there would be too much traffic.

 

Brian Newenhouse said that it was proposed to service the people around it.

 

The zoning administrator explained that a zoning compliance certificate was required prior to any use occupying the restaurant site and the use would be reviewed to be certain that it was a use approved by the Township.  She explained that the site was currently zoned OS which meant that the office building could go into the site by right and that the site was designated as OS on the Master Plan which meant that this is the zoning district and use planned by the Township.  She said that the Master Plan had been amended in 2004 and this was the designation on the previous Master Plan for this site.

 

There was discussion regarding amending the Master Plan and rezoning the site.  It was noted that the owners had to be the one requesting a rezoning or else the applicant had to have the owner’s permission.

 

The chairman closed the public hearing.

 

The applicant stated that it was not their intention to be a bad neighbor.

 

South stated that there were issues related to the restaurant meeting the standards of the ordinance, such as trash and the safety of the high school students crossing the busy street.  He said that this site was zoned OS and it would be best to have office-type uses and to eliminate the restaurant use to cut down on the evening hour traffic.

 

Poskey said that a restaurant was not compatible with the general neighborhood and he was concerned with school kids trying to cross the busy street.  He said that late evening hours for a restaurant would be a burden for the neighborhood and he was opposed to the restaurant use.

 

Huizinga asked how much of the site would be devoted to the restaurant use and was told 2800 square feet.

 

DeGood said that there was a reason that the site was zoned OS and that a doctor’s office would be an appropriate use.  He said that it had not been the intention of the Planning Commission for a restaurant use to go into this site.  He said that it is not a good corner for a restaurant.

 

Moved by Poskey, seconded by South, to recommend to the Township Board denial of Special Use Permit (SUP0513) Orion Construction (Integrated Architecture), 2020 Raybrook Ave., to have a restaurant under Sec. 13.3(B), on a parcel of land described as P.P. # 70-14-17-300-009, located at 7559 36th Ave., in a (OS) Office Service District, Georgetown Township, Ottawa County, Michigan, because the proposed plan does not meet the applicable general standards of the ordinance for a special use permit listed in Sec. 20.3(A), specifically standard number one because a restaurant is not compatible with the neighborhood, it is not harmonious and appropriate with the existing or intended character of the general vicinity, and it would change the essential character of the area in which it is proposed; and a restaurant does not meet standard number 4 of the general special use standards in Sec. 20.3(A) because a restaurant involves uses, activities, process, materials and equipment or conditions of operation that would be detrimental to persons, property, or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare, or odors.

 

MOTION CARRIED.

 

It was noted that the site plan would not be acted upon until the site plan was revised by the removal of references to a restaurant.

 

South said that he would prefer to see the building up against the residential area and there would probably not be evening hours if the restaurant was not approved.  He said that it would be more aesthetically appropriate.

 

DeGood said that if they leave the building as shown, they could redesign the architecture of the building to blend in with the neighborhood with brick walls and high windows.  He said that they should do something to make it not look like the back of a building, but the design could stay the same.

 

Stasiak said that he would like to see the building repositioned and a better buffer provided because the neighbors could still see the parking lot and building.  He said that a better buffer could help with noise and they should be more sensitive to the surrounding area by providing more fencing or landscaping.  He said that the building is going to exist, but it would be better for the Township and for the neighbors if it was repositioned.

 

Honderd said that he preferred to see the building repositioned and he provided some past history of the site.  He said that the Planning Commission had tried to incorporate the parcel in with the plan but the owner did not want to do that.  He said that if they can’t fit the building on the parcel by repositioning it, the building should be reduced in size or the applicant could seek variances from the ZBA.  He said that the building should be pushed back toward the residential area and changes should be made to the aesthetics of the building.

 

Huizinga stated that he preferred the building to be flipped and the appearance changed.

 

Poskey said that the building should be moved.

 

Pearson said that the architecture should blend with the church and fire station.

 

Honderd said that the west side should have windows.

 

The applicant said that he tried to live within the ordinances and had provided a decel lane as requested.

 

Honderd said that if there was no restaurant, the entrance off Baldwin might not be needed.

 

DeGood said that if there was no restaurant, the decel lane wouldn’t be needed.

 

Stasiak said that the decel lane should stay.

 

Honderd said that the drive from Baldwin could be eliminated and access could be from 36th Ave.

 

Huizinga said that he prefer both entrances and the decel lane to remain.

 

Poskey said that he preferred the 36th Ave. entrance only.

 

Pearson said that he preferred the 36th Ave. entrance only.

 

South said that if the decel lane should stay if access drive on Baldwin remains.

 

Poskey said that there would be more flexibility with site layout if there was only one access on 36th Ave.

 

Honderd said that the site should either be designed within the setbacks or the applicant should go to the ZBA.

 

Moved by South, seconded by Poskey, to table the site plan.

 

MOTION CARRIED.

 

#051221-04 – Rezoning (REZ0506) To change from (LDR) Low Density Residential and (RR) Rural

Residential to (LMR) Low Medium Density Residential parcels of land described as P.P. # 70-14-18-300-022 and -021, located at 4724 Baldwin and 7448 48th Ave., Georgetown Township, Ottawa County, Michigan. plat

 

Steve Smit, Focus Engineering, represented the applicant and presented the request.

 

The zoning administrator presented a review.  The request is to rezone two parcels from LDR and RR to (LMR) Low/Medium Density Residential.  The uses in the LMR district are the same as the uses in the LDR district, including uses permitted by right and uses permitted with special use permits.  The main difference is the size of the lots.  Non-conforming lots would be created if the lots were rezoned to LMR because they would not meet the requirement of Chapter 24, footnote (e) which states that lots in the LMR district shall be serviced by public water and sanitary sewer.  The footnote makes no mention that the installation of dry sewer main fulfills this requirement.  Consequently, the applicant appealed this determination to the ZBA on December 14, 2005.  The ZBA concurred with this determination.  On December 15, 2005, the applicant submitted an application for a text amendment and it will be on the Planning Commission agendas in January.  In addition, the applicant has submitted a letter asking for the rezoning request to be tabled until the text amendments can be considered.  A letter was presented from Ottawa County stating that they do not support the rezoning request.  The Township is required to submit the requests to the County for review.

 

The chairman opened the public hearing.  No one was present to speak on this topic.  The chairman closed the public hearing.

 

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

 

MOTION CARRIED.

 

#051221-05 – Election of Officers

 

Moved by South, seconded by Pearson, to elect Honderd as chairman, Stasiak as vice-chairman, and Huizinga as secretary.

 

MOTION CARRIED.

 

#051221-06 - Extend Special Use Permit/Site Plan Approval for Georgetown United Methodist

Church

 

Moved by Huizinga, seconded by Stasiak, to approve the request by Georgetown Methodist Church to grant a six month extension for the special use permit/site plan approval under Sec. 19.5(E), due to financial challenges, extending the approval to August 28, 2006

 

MOTION CARRIED.

 

#051221-07 - Other Business

 

There was a review of new general ordinances that affect the Planning Commission regarding non-motorized paths and parkway ordinance.

 

Pearson presented a letter regarding overlay zones for signs and the decision was made to present the issue to the planner for review.

 

#051221-08 – Adjournment

 

The chairman adjourned the meeting at 9:00 p.m.