Planning Commission Minutes

Present: S. Versluis, M. Ferris-Young, C. Gornowich, J. Hickey, Chairman; D. Brown, M. Huizenga, C. Rypma, and T. Greeno. Absent: M. Houseman. Also Present: Al Pennington, Moore & Bruggink, F. Wash, Planning Director, and

P. Dlouhy, Planning Asst.

Chairman Hickey opened the meeting and M. Huizenga gave the invocation.

Member Versluis stated that the Walgreens-Belle Tire rezone was well received by the City Commission at their Monday night meeting. He related that they were impressed on how we handled that issue.

The above-noted agenda item is tabled at the applicant’s request until December 7, 2005.

Chairman Hickey read the request for a rezoning from ORP, Office, Research & Parking to C-1 Location Commercial, for property located at 3911 Lake Michigan Dr.

Motion by C. Gornowich, supported by M. A. Ferris, to receive and file the written petition and correspondence in opposition to the rezoning, all received by the City on 11-16-05. Motion carried.

Planner Wash gave a Powerpoint presentation of the applicant’s request for the rezoning from ORP to C-1, including the procedural aspects associated with the rezoning, as well as staff’s responsibility to analyze the request and provide the reports, maps, etc. Wash also reviewed aerial maps of the subject parcel and surrounding properties showing the zoning and land uses as follows: to the east, Huntington Bank, to the west, service office building, to the north, Barkwood Condos, to the south, Wendy’s, a retail strip mall, all serviced by M-45, a major regional traffic mover. He related that the site falls within an area master planned for community commercial uses, the site is along a developed retail-service strip and is bordered by office-retail service uses and multi-family housing.

Wash reviewed the one entrance to the Barkwood Condos, which should have been designed at one time to have a back entrance out via Hampton Lakes Apartments. Wash commented that the condos probably didn’t want the connection due to too much traffic volume.

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

Attorney John Inhulson, representing the applicant, stated that the Planning Commission needs to focus on the rezoning issues and not the site plan issues at this point. He stated that this area is master planned for community commercial. There are many commercial uses across the street and he feels this is an appropriate area to recommend for rezoning to C-1.

Sheryl Fredricks, 471 Barkwood, strongly urged the Planning Commission not to recommend rezoning at 3911 Lake Michigan Dr. due to increased traffic over the years, numerous exits and entrances very close together, difficult to enter and exit Barkwood Condominiums. The 40 individual homeowners do not want to deal with the noise, lights, traffic, smells, and trash issues. She asked the Planning Commission not to stray from the master plan to benefit the applicant.

Marilyn Verde, Barkwood resident, stated with MSU coming to Grand Rapids, she felt that the subject property would be suited for a medical building. She doesn’t want a restaurant at this location.

Clarence Bouws, 451 Barkwood, stated he looked at several KFC’s and noticed that the garbage pits are placed far away from the main building. He fears the placement 20 feet from the Barkwood Condos with the smells, it would be a disaster to rezone as it is not the place for a KFC. He stated it is currently zoned for office and could be an excellent place for an office building.

Dr. Dan Arsulowicz, owner of 3935 Lake Michigan Dr., immediately west of the subject property. He stated that across the street is Wendy’s but there is a road and buffer between Wendy’s and the apartment complex. He realizes that the property will be developed, but prefers it with the ORP zoning designation as it is now.

Mike McKown, 481 Barkwood, stated if not a KFC, it could be something even worse. With the trash areas out in the back, bright lights, he asked what the City does to prevent the lighting from shining on residents, and what rights do the residents have with the smells? He asked the Planning Commission to leave the zoning as is to honor the neighbors. With the heavy traffic along M-45, they do not need another entrance or exit on a small piece of property for people to be able to stop on icy roads at the light at Kinney. He asked if Huntington Bank was planning to move?

Chairman Hickey stated that he wasn’t aware of plans for Huntington to move. He indicated that Fifth Third Bank is going to move next to Meijer, and Independent Bank is coming.

Theresa Bilski, 483 Barkwood, stated that her biggest concern is the noise and lighting, and the mature trees on this piece of property which she hates to see taken out and prefers the green space. She asked the Planning Commission to take those things under consideration.

A resident of 473 Barkwood, stated she has the same concerns, she is against the rezoning, and is concerned about her property value with a KFC Restaurant.

Tiffany Rice, Manager of the Huntington Bank Office, stated that they did not receive a notice about the meeting. Planner Wash stated that Huntington Bank, in Columbus, Ohio did receive the notice, according to State Law.

A Barkwood Condominium resident stated that she was looking at the differences between the C-1 and ORP zoning districts and wondered if it were rezoned would variances be necessary?

John Rider, 492 Barkwood, stated that the second story buildings will likely smell the odors and have lighting issues with being only 20 feet away from the closest building.

Motion by S. Versluis, supported by C. Rypma, to close the public hearing. Motion carried.

Member Gornowich asked about the history of the subject parcel and its ORP zoning classification. Chairman Hickey stated that in the 1950’s a tornado picked up this house and spun it around. He stated that the Field’s Fabrics was zoned commercial and at that time the rest of the properties along this stretch down to Kramer Entertainment was rezoned to ORP as a buffer.

Chairman Hickey stated that with the excessive amount of driveways along this stretch from Kinney back to the motel, the traffic at 5 p.m. is very dangerous for the people from Barkwood to exit out of. He understands that there are 1,500 cars daily coming out of MMPC. He asked how many stops per day does KFC anticipate coming in there?

Attorney Inhulson related that he doesn’t have the traffic figures. He stated that access is controlled by MDOT and it is not appropriate to discuss the driveway locations. He stated that it is not permissible to talk about KFC, only the rezoning and if it is consistent with the zoning ordinance and the master plan. He stated that all of the other issues are important to consider but they are site plan issues, and this is a rezoning application.

Chairman Hickey stated that the City of Walker DDA is doing a market study and the idea to change this to a C-1 zone at this time is not in our best interest. Hickey stated that he is conscious of the traffic situation and he doesn’t want to make it worse. He felt that we need access management along this side of

M-45, with 8-10 driveways to the Lake Michigan Dr./Kinney intersection. He stated that there is no logical reason to rezone this property. With the ORP zone, there are no smells, no added traffic. With the C-1 Zoning District, we do not know what exactly will go in there. If not KFC, anything in the C-1 zone could go in.

Member Gornowich agreed with Chairman Hickey and the neighbors. She stated that access is an MDOT issue. Based on adjacent uses, she doesn’t see that this property could not be used as currently zoned.

Member Versluis stated when he looks at that stretch, it takes on an office character, and it seems totally out of character to put a restaurant in there. Standale has a variety of businesses, and he doesn’t want it to become a boulevard of restaurants. He wants Standale to become something unique. He feels that we have our fair share of fast food restaurants, and there is no compelling reason to change the zoning on it. He stated that we are not shutting the door to restaurants.

Chairman Hickey stated that there are sites along M-45 for building of restaurants available already zoned commercial.

Member Greeno stated that if this was becoming a downtown, he could see it. But he doesn’t see that happening. He would like Standale to become downtown Walker. He agrees with Chairman Hickey that we have plenty of other areas for restaurants by the new Meijer at M-45 & M-11.

Member Versluis stated we will be looking at the entire DDA district with the market study.

Member Ferris asked if the ORP zoning district still supports the updates to the 1998 master plan? Planner Wash stated that the master plan is a broad brush approach and is not parcel specific. He stated that there is no administrative conflict between the ORP zone and the 1998 Master Plan.

Member Rypma stated that Lake Michigan Dr. could handle the traffic associated with a fast food restaurant. The property owner has the right to cut down the trees. He doesn’t feel that a KFC fits in with the character of the neighborhood, and there are logical reasons to keep it zoned ORP.

Motion by C. Gornowich, supported by S. Versluis, to recommend denial of the rezoning for 3911 Lake Michigan Drive from ORP to C-1 Local Commercial to the Walker City Commission. Motion carried unanimously. 8-0

Chairman Hickey read the application requesting site plan approval to allow the installation of an equipment yard, to be used for crane parts and storage, at 3132 3 Mile Road.

Planner Wash reviewed the staff report, the site plan and REGIS map. Wash related that Mr. Erickson proposes to construct a 570’ x 295’ outdoor storage yard for his crane parts. There is no building proposed at this time. Wash related that Mr. Erickson currently operates a large crane business just to the south of this site. Wash then reviewed the procedural aspects of the request.

Wash related that this is mostly an engineering project until a building is proposed. He indicated that currently Erickson Drive is a pre-existing, non-conforming private street. Wash stated that as a condition of approval, a note should be added to the plan stating that the proposed land divisions shown on the site plan must be revised and approved by the City of Walker Assessor. Staff supports approval of the project.

Al Pennington, of Moore & Bruggink, reviewed the comments in his memo dated 11-11-05 as follows:

Al Pennington related that the City of Grand Rapids will be constructing a sanitary trunk sewer in Erickson Drive in the next couple of years. The sanitary sewer will require complete replacement of the street. Consideration should be given to making Erickson Drive a public street at the time the sewer is constructed.

Steve Erickson agreed that the drive approach at Three Mile Road needs to be fixed. He related that they are working with Land Matters on the sewer. He stated that the approach to the driveway can be done in concrete. Erickson related that they plan to do a 80,000 square foot warehouse in 2007, and they will need to look at the retention pond now and incorporate it into their plans. Al Pennington felt it would make sense to do with the earth moving operation. He stated that the existing detention is acceptable for what is being proposed at this time. We could work with the retention if this site were paved. Erickson related that they are going to raise the existing manhole to the property elevation. Al Pennington stated that the site as proposed is gravel. If paved would be impervious and bump it over the limit. He felt they could talk about it prior to the site being paved.

Member Gornowich talked about a formal agreement with the property owner. If we make that condition moving the access on 3 Mile does he have any leverage with those property owners? Mr. Erickson stated that Jack Dykstra owns the property.

Al Pennington reiterated that it would be a great opportunity to redo the road and make it a public street, and bring it up to public standards and provide better access to the businesses back there.

Chairman Hickey asked about special assessments? Al Pennington stated that there is an existing sewer now. They are just increasing the capacity of the sewer and replacing the existing pavement. There would be no special assessments for that, but possible for curb and gutter. The project is being funded by all sewage users in the district. Al stated that it could be a benefit to them and the City as well.

Motion by C. Gornowich, supported by T. Greeno, to approve the site plan dated 10-26-05 for the Erickson’s storage yard, as it does meet the standards set forth in the City of Walker Zoning Ordinance with the following conditions of site plan approval:

Motion carried unanimously. 8-0.

Frank Wash reminded the Planning Commission about the upcoming master plan meeting #2 for South Walker from 6:00-8:30 p.m. on November 30th in the City Commission Chambers. There will be a presentation from Al Pennington and Scott Conners about the possibility of water and sewer (pros and cons). Frank Wash to review pros and cons from first meeting, and Val Lazdins to discuss 2 or 3 land use alternatives.

Motion by T. Greeno, supported by D. Brown, to adjourn at 8:30 p.m. Motion carried.

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Administrative Approval Carol Gornowich, Secretary