Planning Commission Minutes

Present: S. Versluis, M. Ferris-Young, M. Houseman, C. Gornowich, J. Hickey, Chairman; M. Huizenga, C. Rypma, and T. Greeno. Absent: D. Brown.

Also Present: A. Pennington, F. Wash, Planning Director, and P. Dlouhy, Planning Assistant. Absent: S. Conners, City Engineer.

Chairman Hickey opened the meeting, and C. Rypma gave the invocation.

Motion by C. Gornowich, supported by T. Greeno, to approve the minutes of September 21, 2005, as printed. Motion carried.

Chairman Hickey read the application for preliminary site condominium plan approval to allow the construction of a 23-unit single-family residential site condominium development to be located at 3898 Hall Street, N.W.

Motion by C. Rypma, supported by M. Houseman to remove this issue from the table. Motion carried.

Planner Wash gave a brief update and indicated that this item was tabled at the 9-15-05 Planning Commission meeting pending the South Walker master plan update. Wash stated that on 8-30-05, staff met with the Kent County Health Department regarding water and oil well issues, and health department officials will give a presentation tonight regarding the onsite testing results from the Sylvandale site condo application. Wash stated that a representative from Raymer Wells is also on hand to answer questions as well as a water treatment specialist is here this evening.

Wash reviewed the procedural aspects of the request and related that the Planning Commission will recommend approval or denial of the site condo plan to the City Commission.

Wash then reviewed a powerpoint outline and indicated that Riverbend Meadows to the west consisting of 12 units was approved in 2004. He related that Sylvandale plans meet the Zoning Ordinance requirements. Wash stated that there are costs and decisions associated with rural living with water quality and oil wells in south Walker.

Member Huizenga abstained from discussion and voting due to conflict of interest.

Steve Petrides and Paul Burch of the Kent County Health Department were present. Mr. Petrides related that he was asked to discuss water quality in south Walker with emphasis on primary and secondary contaminants.

Mr. Petrides gave a powerpoint presentation including minimizing impact, as any development will have an impact. He stated that developing of open space areas will change it forever. The Kent County Health Department is charged with protecting ground and surface water.

Mr. Petrides reviewed the primary contaminants such as Nitrates (N03) which can cause "blue babies," oxygen deficiency under 6 months of age. The MCL is 0-10 ppm, 0-5 ppm in a development, and 20 ppm is unsafe. He explained that coliform bacteria are those that live in soils and intestinal tracts of humans such as E-coli, fecal coliforms. Mr. Petrides stated that arsenic is usually present due to material deposits such as pesticide agents and some fertilizers may also contain arsenic. This strongly is associated with lung and skin cancer and has a MCL of 001 ppm.

Mr. Petrides then reviewed the secondary contaminants such as hardness (CaC03) which leaves scales on plumbing fixtures and causes a difference in creating soapy lather, taste issues, usually red with a water softener. 250 ppm- hard water. Iron (FE) causes a rust like stain of fixtures and white laundry.

Chloride (CL-) is very corrosive, leaves residual deposits, inputs very bitter taste to water, can also be caused by road salt. 250 ppm-high. Sulfate (H25) creates a rotten egg odor. 250 ppm.

Mr. Petrides then reviewed the overall water quality in south Walker where there are extreme levels of hardness and iron, chlorides and sulfates. He indicated that the excess chloride in a shallow acquifer well could be attributed to oil wells.

Mr. Petrides stated that Marshall sandstone is the bedrock formation for much of Kent County including south Walker.

Mr. Petrides reviewed the test well data from various locations on Hall and Butterworth. It was determined that the Sylvandale test well was completed in bedrock with good protection which meets the MCL requirements for all primary contaminants. He has not seen primary contamination issues.

Mr. Petrides reviewed the frequently answered questions such as:

The average depth of a oil well - 1,200-1,500 feet.

Can oil wells contaminate water wells? If within 10 feet. Oil wells are supposed to be 300’ from a building site and a septic system 50 feet. Petrides stated that the pocket of south Walker nitrates is due to farming.

Will the Sylvandale project make local wells run dry? No

Why did one neighbor have a saline well? This was probably linked to history of oil wells in the area.

Why do newer wells have to be dug so deep vs. the older wells? They have to go deep to provide protection from primary contaminants.

Chairman Hickey stated that all of the wells will have to be treated with a water softener. Mr. Petrides stated that 90% of Michigan has hard water. Chairman Hickey asked if the water softener will take care of the smell and hardness? Mr. Petrides stated it is not qualified for sulfates and chlorides, and reverse osmosis process would have to be utilized. Hickey asked if Kent County Health Department gets involved in capping of oil wells? Mr. Petrides stated no, the DEQ does.

Member Rypma asked if water wells closer than 10 feet to oil wells are contaminated? Petrides stated if they are extracting oil and it leaks and if it is a shallow water well, it could be contaminated. He again stated that all domestic water wells have to be isolated 300’. He related that the leaking of underground storage tanks getting into the acquifer causes a bigger problem.

Eric Newbecker, of Raymer Well was present for questions.

Chairman Hickey asked if most of the water wells in south Walker were drilled by Raymer? Mr. Newbecker stated yes. He indicated that there is a shallow acquifer at 49 feet depth in areas when you can’t develop wells in bedrock. He related that in bedrock is reasonably good water quality, but in the area of the oil fields contain brine. However, in Marshall sandstone, he doesn’t see brine.

Chairman Hickey asked is the decision normally made by Raymer as to the well depth of 49’-180’ deep? Newbecker stated that Kent County Health Dept. determines the placement via the permit process. The protective clay layer has to be penetrated before a well can be developed. He stated that they try to avoid high chloride/salty water. If they drill into salt water they have to plug and find a fresh water source, which normally is in the bedrock.

Member Versluis asked, how many times would they have to drill more than once for a well location? Mr. Newbecker stated it is very uncommon with less than 1 in 100. Member Versluis asked if most times it is acceptable water? Newbecker stated yes.

Terry Bays, Bays Water Treatment, was present for questions.

Member Houseman asked where Mr. Bays has put his treatment systems in the area? Mr. Bays stated in Serenity Ridge, Canyon Creek, and White Pine areas. Houseman asked if they have run into higher contaminants? Mr. Bays stated that every area can be treated via reverse osmosis, but every well is different. Houseman asked, what are the costs involved? Mr. Bays indicated $900 to start, with $3,000 being the worst-case scenario.

Member Versluis asked, how long will the system last? Mr. Bays indicated that he has had good luck with the reverse osmosis and these systems last between 10-15 years. The yearly maintenance involves changing filters in the drinking water system. The high quality softener salt runs about $1 a bag more than the others. The average water softener is between $900-$2,000. Member Versluis stated that no system can remove saline. Mr. Bays stated yes via the reverse osmosis system.

Member Greeno asked what other annual costs are involved? Mr. Bays stated 2 filters at $20, the salt is based on the number of people, at $6 or $7 a bag twice a month.

With regards to the oil well clean up of the site, Member Versluis asked, who oversees this process to make sure it is clean, with no leakage or residue? He wants to make sure there is a clean bill of health before building can take place. Bill Riebel, developer, stated that the state monitors it, the DEQ is involved with the Phase 1 which involves a complete examination of the site and some testing. He stated that the oil wells are plugged, the pipes and tanks removed, and the contaminated dirt removed. It has to be clean before construction can start.

Members Hickey and Versluis agreed that they want the buyers to be informed before they purchased and asked what the best way was to make sure that happens? Mr. Riebel stated it will be included in the condo documents that a water softener is required with a water well advisory per Kent County Health Department. Mr. Riebel stated that before a homeowner builds, they will first put the well down, which will determine what type of water softener and equipment will be needed before they build the house.

Member Greeno asked, if public water came through within a reasonable amount of time, would they hook up? Mr. Riebel stated it would be up to the association. Planner Wash added, the City Charter has certain special assessment district provisions.

Mr. Riebel stated that he is willing to contribute up to $2,000 per unit to put a water softener in.

Member Rypma agreed with Member Versluis about the concern about the well advisory being buried in the master deed, and suggested maybe having a separate disclosure document that deals with this issue and also shows that the developer is contributing toward the water softener. Member Versluis concurred. Member Rypma stated that Chairman Hickey had previously been skeptical about the clean up situation, and asked if he still was? Hickey stated no, as the developer is not going to do a brownfield and he is going to pay Goodale to do the work and is confident about it.

Motion by M. Houseman, supported by C. Rypma, to recommend approval of the Sylvandale preliminary site condo plan dated 8-8-05 to the City Commission, subject to the following conditions of approval:

The applicant agrees to all conditions note din the City Planning Director’s letter dated 9-26-05.

The applicant agrees to all conditions noted in the City Engineer’s letter dated 8-10-05.

A separate page be added along with the master deed with an advisory statement regarding private water wells on the site.

Motion carried 8-0.

Chairman Hickey read the application requesting site plan approval to allow the construction of a 3,250 square foot addition to the existing 15,000 square foot structure located at 3150 Fruitridge, N.W.

Planner Wash reviewed the staff report and the plans and related that the applicant proposes to construct a 3,250 square ft, dock and production area addition to the existing industrial operation on Fruitridge north of Dykstra Dr.

Wash referred to Scott Conner’s memo dated 9-28-05 regarding the sidewalk being accompanied by a dub down or handicap ramp at the south side of the driveway. The plans must be sealed by a design engineer.

Roger Lamer, P.E. – W.L. Perry, was present and stated that the proposed addition is to the back of the building, and they will move the truck docks from the south side of the existing building to the east side, which will be easier to get trucks in and out and for storage.

Mr. Lamer stated that he is talking with Cheeze Kurls to agree to connect egress to get to the back side of the building and use the hydrant. Lamer indicated that this will be in the form of a recorded document.

Chairman Hickey asked if this will be a pre-engineered metal building? Mr. Lamer indicated that they will utilize the same general contractor and same materials as on the existing building.

Al Pennington stated that he had nothing further to add, other than the 2 comments listed in Scott Conner’s memo as earlier noted.

Motion by M. Houseman, supported by C. Gornowich, to approve the site plan dated 9-16-05 for the Western Michigan Coating expansion, as it does meet the standards set forth in the City of Walker Zoning Ordinance with the following conditions: 1. The applicant agrees to all conditions noted in the City Planning Director’s letter dated 9-26-05. 2. The applicant agrees to all conditions noted In the City Engineer’s letter dated 9-28-05. Motion carried 8-0.

Chairman Hickey read the application requesting a final area site plan amendment of the Arsulowicz Brothers Commercial Planned Unit Development to allow the development of a 9,173 square foot proposed retail store located at 3579 Remembrance Rd., N.W.

Motion by C. Gornowich, supported by C. Rypma, to remove this item from the table. Motion carried.

Planner Wash related that this item had been tabled on 9-21-05, and described the updated information from Dollar General that has been received. He reviewed the changes as follows: from a pylon sign to a 7’9" x 10’ ground mounted sign, new building elevations utilizing stucco/block (was metal) and color to match the funeral home. Wash reviewed the dumpster detail, which will match the main building, landscaping, and prior conditions of approval regarding land division, private road name, ingress-egress/private road operation and maintenance agreement as noted in the report. Wash then reviewed the procedural aspects of the request.

Planner Wash recommended that a covered entrance to the front of the building be added to break up the box look in front.

Planner Wash indicated that Scott Conners memo of 9-28-05 had no new changes, and the truck turning template and storm water issue still applies.

Chairman Hickey stated that he would like the back of the building to be bricked to match the Arsulowicz building. The future developer to the north will see the back of this building. We should follow the same design as on the front and sides.

Chairman Hickey stated that he is also concerned about the 2 parking spaces that could be potentially dangerous with truck turning movements. He felt that the parking spots should be relocated on the side of the building.

Member Greeno suggested that the future parking on the west side should be incorporated into the parking lot now to accommodate the funeral parking, and help with the truck turning movements now.

Member Houseman suggested some site design modifications such as moving the building over 40 feet to the west, which will allow for adequate truck turning movements, add a second entrance from the east side, keep green space, reduce the parking to 1 per 200 square feet or 44 parking spaces.

The concensus of the commission was to implement the following changes:

Move building over 40 feet to the west, adding another row of parking with future parking on the east side of the building with no less than 1 per 200 square feet or 44 parking spaces.

Move dumpster to back of building and utilize brick on the dumpster.

Move HVAC units to back of building

Back of building constructed in all brick/block

Landscaping on east side

Minimum 20’ rear setback and 10’ side setback of the northwest building

Recess entrance extended out to pedestrian sidewalk edge for a covered entrance with sign over the entrance on a parapet.

7’9" x 10’ ground mounted sign

Al Pennington stated that these are significant changes which may impact drainage and other aspects of the design. Planner Wash agreed and feels that the plans should be amended and brought back. Member Versluis concurred.

Motion by T. Greeno, supported by S. Versluis, to table this item for 2 weeks.

Motion carried.

Wash reminded the Planning Commission about the South Walker Master Plan meeting one week from today, where Val will discuss a whole room S.W.O.T. analysis on the Fenske site. We will then split into 3 stations, MDOT will present the M-11 findings, Al Pennington and Scott Conners will be available for public comments re: water lines, and Planning/Zoning will be the 3^rd station.

With regard to the Fire Station #2 plans, we received a grant for the rear park n’ ride.

Motion by T. Greeno, supported by C. Gornowich, to adjourn at 9:00 p.m. Motion carried.

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Administrative Approval Carol Gornowich, Secretary

Walker Planning Commission