Planning Commission Minutes

Members Present: S. Versluis, D. Brown, Mary Ann Ferris-Young, M. Houseman, J. Hickey, M. Huizenga, Chairman, C. Rypma, and T. Greeno. Absent: C. Gornowich. Also Present: S. Conners, City Engineer, F. Wash, Planning Director, and P. Dlouhy, Planning Assistant.

Chairman Hickey opened the meeting and Member Rypma gave the invocation.

Motion by C. Rypma, supported b M. Houseman, to approve the minutes of July 20, 2005, as printed. Motion carried.

There were no comments made at this time.

Chairman Hickey read the above-noted text amendment to amend Section 94-357 of Chapter 94 of the Code of Ordinances, City of Walker with respect to garage sales in residential districts.

Planner Wash reviewed the staff memo, procedural aspects and indicated that the proposed text amendment had been reviewed by the Ordinance Committee. He related that the amendment would limit the number and duration of garage sales to 2 per year and 3 days in a row. Wash referenced a letter dated 7-28-05 from Chief Schmidt regarding public safety concerns.

Wash related that he had received 3 e-mail correspondences from residents not in favor of the proposed changes.

Motion by M. Houseman, supported by C. Rypma, to open the public hearing. Motion carried.

Angie Chambers, 2561 Pohens, felt that it is necessary to have an ordinance in place as she is concerned about the number of sales and length due to disruptions and property damage, fire hydrants and driveways blocked, and her son is disabled and in a wheelchair and has safety concerns for him. She stated that the garage sales in her neighborhood start on May 31^st and last until winter.

Anita Kozack, 2554 Pohens, stated that she has 3 or 4 garage sales a year. She is opposed to the ordinance and handed in a petition regarding same. She stated that there are few problems, the sales are held from April to October and it helps families raise money to offset rising gas costs and clothing for children going back to school. She wondered who would enforce this ordinance, and felt the tax dollars would be better spent on something else.

Member Rypma stated that he is ok with the ordinance but felt that maybe 3 sales a year might be considered.

Noreen Delgado, 849 Maynard, stated that she doesn’t like the idea of only 2 sales per year. She asked, what if it rains or snows on the day the sale is planned? She felt the ordinance sounded discriminatory as most ethnic groups do not have garages, especially the Hispanic community. Ms. Delgado stated that citations and enforcement would be an issue.

Resident Patricia Klapp, stated that she moved to Walker from Grand Rapids for more freedom. She feels that this ordinance would be taking away our freedom. Garage sales help people recycle, and she is offended by the idea of an ordinance.

Motion by S. Versluis, supported by D. Brown, to close the public hearing. Motion carried.

Member Versluis asked if there was a particular issue just on this street, or are there other areas of the City having problems? He felt that maybe this could be an issue addressed on an individual basis.

Planner Wash stated that the City has received complaints over the years in other parts of the City and this is the most recent. He related that the Ordinance Committee checked other Grand Rapids area ordinances regarding garage sales when creating this amendment. Complaints would be registered and enforced by the Building Department, and no permits would be required. If someone complains, an inspector would be dispatched to the site.

Member Rypma stated that there is no permit or no fee associated with garage sales. Wash stated not at this time. He related that the goal is to put language in place. The first step in enforcement is to work it out with the property owners. There would then be something in the ordinance in case a nuisance issue comes up.

Member Versluis stated that if we are dealing with issues where childrens lives are endangered and fire hydrants being blocked, these are issues present with having only 1 garage sale. He is concerned with having too much regulation.

Member Houseman stated that he doesn’t see a problem with 3 days/3 times a year, and would like to see problematic areas gone where things are left under cover for days at a time.

Member Rypma stated he is ok with sending it back to the Ordinance Committee, and asked how much do we regulate things? He would like to see more research done on number of complaints. He asked to see if Kentwood and East Grand Rapids have a garage sale ordinance. Member Versluis concurred.

Member Brown is concerned about sales and estate sales along Wilson Ave. and the dangerous parking along Wilson Ave.

Member Houseman concurs with sending it back to the Ordinance Committee for possibility of 3 times/2 days a year.

Chairman Hickey stated that the petition turned in has 49 signatures and there were 3 e-mails against the proposed ordinance.

Motion by J. Hickey, supported by S. Versluis, to send this back to the ordinance committee with language changed to 3 times a year and 2 days in duration, how might it be enforced (permits, tickets. etc.), address sales on main roads for safety issues, include estate sales in ordinance, supply a spreadsheet of complaints by location and year, and provide examples of ordinances from other cities. Motion carried.

Chairman Hickey read the request for a final area site plan amendment to the Meijer, Inc. Commercial Planned Unit Development to allow the development of a 4,143 square foot bank building with 5 drive thru lanes and related site work located at 4520 Lake Michigan Dr.

Planner Wash reviewed an aerial photo showing the general location of the Lake Michigan Dr./Wilson area including parcel information, Independent Bank and Applebees across the street. He then reviewed his staff report, including signage and lighting. From a traffic improvement standpoint, there is no proposed driveway on Lake Michigan Dr. with 1 entry drive on Ferndale. The Meijer entry driveway is spaced back from Lake Michigan Dr. to allow stacking room at peak hours. The Meijer internal driveway is centered on the property line to allow easy cross access between this site and its neighbor to the east. A cross access connection is planned as an intersection at the NE corner of the site, and a cross access agreement will be signed and approved by the City and recorded. All internal drives are sized for two-way vehicle movements.

Wash indicated from a pedestrian standpoint, sidewalks will be installed by the developer on the south and west side of the site. Wash reviewed the landscape plan, including an urban design utilizing linear plants along the site boundaries with evergreen hedges along the parking lot edges.

Wash stated that the bank will include 5 drive through windows. With regard to signage, Wash felt that the 14x11 monument/ground sign was excessive and suggested that it be replaced with a 6x8 standard monument sign.

Motion by C. Rypma, supported by M. Houseman, to open the public hearing. Motion carried.

Craig Hondorp, Architect, Progressive A&E reviewed the building elevations of the 1-story peaked roof building. He related that the landscape should be compatible with the development along Lake Michigan Dr. with screening at the northwest sides of the site.

Tom VanGessel, Bank Representative, reviewed the signage for the bank including the pylon signs at the northwest corner. He indicated that his sign representative felt they could do a pylon sign within the CPUD and that the 79 square foot pylon sign fits within the standard of their banks across the country. He indicated that they do have other sizes. He stated that the recommended 6x8 size sign will not match the same geometry of the other signs across the country. He stated that their sign is tucked behind the northwest corner of the site behind hedges.

Member Greeno asked what other size signs do they use? Mr. VanGessel indicated that the 79 square foot proposed is the middle size sign. The 59 square foot size is 12’ tall overall with 4’ base width overall compared to 11 foot. They also have a 41 square foot size that is 10’ tall overall with the base over 3’ tall with the overall width of 97" and a 5’ column.

Member Greeno asked if they have a monument sign? Mr. VanGessel stated that it is the same dimensions, different base and pole, but the same geometry.

Chairman Hickey visited the bank site at Covell with the 8’ square sign. Mr. VanGessel explained that these were the former Old Kent Bank signs that were refaced. Chairman Hickey stated that the building proposes letter signage on the front and west.

Planner Wash related that as a condition of approval Meijer outlots are to have ground signs. Chairman Hickey stated that he prefers a 6 or 7 square foot pylon sign with better visability rather than a monument sign.

Member Versluis felt that the signage should be comparable to the Independent Bank across the street and prefers a smaller sign as he doesn’t want to obstruct views. It was the concensus of the Planning Commission to be in favor of a 10’ x 8’ ground sign.

Motion by M. Houseman, supported by T. Greeno, to close the public hearing. Motion carried.

Motion by M. Houseman, supported by T. Greeno, to approve the Standale Crossing final area site plan amendment for 5^th 3^rd Bank at 4520 Lake Michigan Drive, as it does meet the standards set forth in the City of Walker Zoning Ordinance with the following conditions of approval:

Also, the Findings of Fact (Section 94-213-(10):

The proposed 5^th 3^rd bank complements the intended use and design of the Standale Crossing CPUD. It does plan for efficient vehicular and pedestrian movements. It does offer a landscaping and signage plan that will complement the site and neighboring properties.

Motion carried 8-0.

Chairman Hickey read the above-noted application for a rezoning request from SA, Suburban Residential, Single Family, to ORP, Office, Research & Parking and a concept plan for the construction of a 12,000 square foot 2-story office building for property located at 1550 – 3 Mile Road, N.W.

Motion by C. Rypma, supported by S. Versluis, to remove the above-noted item from the table. Motion carried.

Planner Wash related that this item was tabled last month pending the outcome of the second master plan meeting for this sub-area. There were no objections to office on the corners of Bristol and 3 Mile Road. The Planning Commission had also asked for a building elevation of what the proposal might look like.

Wash explained the procedural aspects of the request.

Peter Eversdyk, Architect, was present and reviewed the west building elevation of the West Michigan Family Medicine practice, and a conceptual site plan. Mr. Eversdyk reviewed the darker green area showing the no disturb area with mature tree line and residential to the south. He reviewed the grade difference between this and the residential area, which makes a buffer impossible as they are not at equal levels.

Chairman Hickey asked if they had plans for the westerly portion of this property? Mr. Eversdyk related no, this is the only building proposed. He related that it is difficult to do much with the smaller piece on the corner due to setbacks. Chairman Hickey asked what the anticipated use of the building would be? Mr. Everdyk stated that the doctors will utilize 6,000 square feet on the lower level, and have some medical interest on the upper level. He stated that they are trying to keep a residential look. Also that there is a timeline issue with the buy/sell agreement and they have to be in within 1 year.

Theresa O’Brien, 2750 Bryanwood, stated that she is concerned about the safety of her children playing and asked that a fence be installed, and trees for privacy. She asked if this building is vacated, what could go in there? She understood it would all be medical. She asked what the hours of operation would be? She was also concerned about drainage issues in this area and the fear of more problems.

Dr. Shelly Drew, business partner/owner, stated that this will not be a high traffic business with limited parking. She is hoping to keep as many trees as possible on site. Her Walker patients are enthusiastic about the location, and they will be paying Walker income tax. She stated that if they cannot get this rezoned in a timely manner, they will not be able to buy it. They are hoping to lease out the upper floor to a physical therapy center with the same 9-5 hours of operation by appointment. She will agree to a fence if necessary.

Member Houseman asked if they were willing to keep a wooded buffer in lieu of a fence in the undisturbed area? Dr. Drew stated if they can fit the building in there, she will keep the bigger trees.

Member Ferris-Young asked why the end of the building is facing 3 Mile Road? Mr. Eversdyk stated it was the only way to orient the building that allows them to use the natural elevation for the lower level.

Member Greeno asked, why do they need a fence? If the doctor is afraid of losing trees, the fence can obstruct the natural beauty. Planner Wash stated that a fence would defeat the purpose of a green buffer.

E. Nedwick, 2754 Bryanwod, stated that he thinks they should have a fence with pine trees across to assure the safety of children and save as many trees as possible. He also asked if it could be regulated not to be able to have anything else on the corner developed.

Chairman Hickey stated there will be only 1 building on that lot.

Michael Way, 2757 Bryanwood, asked how tall will the building be, as it will be looking down over all the houses.

Mr. Eversdyk stated that there is a 10’ drop and the first floor is a little lower than the fire station next door. He stated that it will look more like a 1 story building as they will have to take out some of the hill.

Betsy Bouser, 2796 Bryanwood, stated that her parents own the property at 1550 3 Mile Road and she feels this would be best developed for office use.

Motion by C. Rypma, supported by M. Houseman, to recommend approval to the City Commission for the rezoning from SA to ORP to 1550 3 Mile Road, N.W. Motion carried 8-0.

Chairman Hickey read the request for site plan approval to allow the construction of a 21-unit single family residential site condominium development, to be located at 3898 Hall Street, N.W.

Planner Wash reviewed the aerial map including subject parcel, surrounding parcels and streets, as well as the new Woodstream connection to the west into the Riverbend Meadows site condo.

Wash related that this plan had been tabled on 9-15-04 to enable the developer to come back with a completed list of items requested from that meeting. Wash stated that Lot 23, Harry Kuipers property was brought into the site condo to meet the AA zoning district lot standards. He stated that the private road will attach to Woodstream Drive. Wash related that Kent County Health Department has given preliminary approval with a well water advisory and master deed requirements. Wash indicated that the number of lots was changed from 22 to 23 with the addition of the Kuipers’ lot. With respect to closing of the oil wells and subsequent clean up, Wash indicated that there is a letter from Goodale Enterprises to Rich Schultz and Dave Riebel dated 12-17-04 regarding this. He stated that in reviewing the master deed, it will need to be updated to include the Health Department language. From a staff standpoint, Wash related that the developer has addressed all of the tabling items from 9-15-04.

Scott Conners related that they have addressed all of the engineering concerns as well, and referred to the 2 items in his staff memo of 8-10-05 with respect to the entrance at the west end of the site connecting to the Riverbend Meadows project, along with the traffic calming device to slow and separate vehicles at the entrance to the development, and advisory speed sign. Also, some redesign of storm pipes at the east end of the site to accommodate increased stormwater detention.

Chairman Hickey asked what the slope is on the driveway? Scott Conners indicated a 6 percent grade.

Hickey asked if this clean up process would be via a Brownfield redevelopment? Planner Wash stated that they have started that process to clean up the oil wells and soils on the site, and they will need to hire an attorney to take them through the Brownfield redevelopment process.

Member Versluis asked if wells have to be capped, the tanks removed and the site cleaned up before development occurs? Planner Wash related yes, it needs a clean bill of health from the agencies having jurisdiction before development could take place on the site.

Chairman Hickey stated that they will have to submit a plan to the Brownfield Development Authority which he is the chairman of. Planner Wash stated that they do not want to apply for a Brownfield until we have an preliminarily approved project.

Mr. Riebel stated they are not going to do a Brownfield but rather work with Goodales to clean it up using private funds only. Chairman Hickey was adamant about not approving the project until the site is cleaned up. Wash stated that because of the issues with the Kent County Health Department, if they get through the preliminary approval with the Planning Commission, they will then need to get the clean bill of health prior to City Commission review. Hickey reiterated that they will have to submit a plan to the Brownfield Authority. Member Versluis asked, can we mandate it? Planner Wash related that the developer has stated they are not interested in the Brownfield redevelopment process.

Developer Riebel stated that the experts from Atwell Hicks met with Planner Wash and was told that they could not apply for a Brownfield until they have an approved project so they abandoned it. He reiterated that they are not going to do a Brownfield. Mr. Riebel stated that he has applied to the State for a clean up permit and the Goodales are going to do the work. Hickey stated that he wants a clean site before he would approve this. Mr. Riebel asked, why would they clean it up before the get approval from the City? Once it gets approved, he indicated that Goodale will clean it up, then he would secure building permits via the City Commission.

Member Versluis stated if the City is pursing water at the south end of Walker, before we wrestle with this approval, should we allowing people to build here with less then adequate drinking water? He posed the question, how long before we get water, and indicated that we don’t know the answer to that currently.

Scott Conners stated that he will be meeting with 5 major property owners in 2 weeks to determine the level of interest and if water main could be provided in the future. He indicated that this is in the design stage and that there is some interest from area schools, and the real level of interest is in the Riverbend/Wilson area, but it might be hard to convince all. He stated that we can’t build a watermain without users. We have to know if the system will be funded. We need to know if developers would be interested who own the bigger parcels.

Member Versluis stated that these 1-acre lots are not much bigger than in the Cambridge/VerWoert development and water is a big question.

Mr. Riebel stated that this will be the same water quality as Riverbend Meadows, and he went to the expense to make sure he has quality wells in the project.

Member Houseman asked the developer if he was willing to pursue a community well? Mr. Riebel, stated no it would be too expensive.

Member Versluis stated that the only way for a person to be aware of this water issue is in the master deed. He feels that the homes will be beautiful and this is a nice area, but he has to consider the health, welfare and safety of the residents. Oil wells and residential development are not compatible, not safe, not visually attractive, and he would like to see the site cleaned up first. Member Houseman stated that getting the oil wells cleaned up to the DEQ’s specifications wouldn’t effect the well water issue. Member Versluis stated that it could effect it as we are dealing with topical problems of oil tanks and quality of water people are trying to access. Member Houseman stated that it is a buyer beware situation and the DEQ will make sure the site is cleaned up.

Chairman Hickey stated that he is skeptical of the clean up situation.

Mr. Riebel stated that Kent County Health Department has given approval.

Member Houseman stated that the developer did meet all of the items on the list, and Planner Wash did recommend that this move forward. We can’t expect them to clean it up, come back and still have a water issue. The water issue will have to be disclosed on the deed.

Member Huizenga stated that he has local water issues and can’t drink the water. He felt that 1-acre lots are too small.

Scott Conners stated that there could be so much money spent on these sites and water could be brought it. He stated that water is the key note subject in south Walker. He felt that there would be a dramatic difference on Wilson with water and sewer. He stated that the Planning Commission will be one of the biggest user groups and have a lot of strength to get water to other areas via special assessment districts. Chairman Hickey stated that the City may be able to go through a Brownfield development for funding if the land is deemed useless. He stated that the City would have to sell bonds. Scott indicated that grant monies would only be available if oil was causing the problems with water quality and they are independent. The other idea is through a special assessment district.

Member Houseman stated that he would like the developer to be able to move forward.

Rick Shultz, builder/parter, stated that they are willing to do a Phase I environmental assessment, and they have been working diligently with Planner Wash and Engineer Conners. He stated that they meet the 1-acre requirement and have dug 12-13 holes for septic systems. He handed in the paperwork to the Planning Dept. today for the master deed which contains the water information. He felt that these are beautiful 1 acre lots and there is a demand for these type of lots. He stated that this will be a very nice development. Kent County Health Dept. has approved it, and the state has to approve the clean up of the oil wells. Mr. Schultz reiterated that the condo documents and master deed will reflect the water issues, and the homes will require a water treatment system.

Member Houseman asked if the developer could guarantee potable drinking water? Mr. Riebel stated, if they get Kent County Health Dept. approval, yes.

Motion by M. Houseman to approve the Sylvandale condo site development to allow the construction of a 21-unit single family residential site condominium development, to be located at 3898 Hall Street, N.W.

Motion failed for lack of support.

Motion by T. Green, supported by S. Versluis, to table the issue until the master plan for this area is completed. Motion carried 6-1. (M. Houseman opposed, M. Huizenga abstained due to conflict of interest).

Scott Conners stated that maybe we should do a preliminary special assessment district for feasibility and intent to bring water from Riverbend to this development.

Chairman Hickey read the above-noted request for site plan approval to allow the renovations for a drive-thru lane and pick up window as well as interior and exterior image enhancement located at 2542 Alpine Avenue, N.W.

Planner Wash reviewed the site plan and the staff report and related that the plans had been reviewed by the site plan review committee, everything has been addressed and is recommended for approval.

Scott Conners stated that he has nothing further to add.

Greg Holland, of DVK Construction, stated that they would like to add a drive thru to be compatible with other restaurants in the area, and they have added a curbed landscaped area as well.

Member Ferris-Young asked if the 9-foot parking spots are too narrow? Planner Wash related that they meet the ordinance requirements.

Member Greeno asked about the size of the drive through radius? Greg Holland stated that it is no less than 15 feet.

Motion by M. Houseman, supported by T. Greeno, to approve the site plan with the drive-thru lane and pick up window and interior and exterior image enhancements, located at 2542 Alpine Ave., N.W. with the following conditions:

The applicant agrees to all conditions noted in the City Planning Director’s letter dated 8-9-05. Motion carried unanimously.

Motion by T. Greeno, supported by D. Brown, to adjourn at 10:10 p.m. Motion carried.

____________________________ _________________________

Administrative Approval Carole Gornowich, Secretary

Walker Planning Commission