Planning Commission Minutes

Members Present: J. Hickey, Chairman; T. Byle, T. Schweitzer, S. Versluis,

D. Brown, C. Gornowich, and C. Rypma. Absent: M. Huizenga. Also Present:

F. Wash, Planning Director, S. Conners, City Engineer, and P. Dlouhy, Planning Asst.

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

Motion by C. Gornowich, supported by D. Brown, to approve the minutes of August 6, 2008, as printed. Motion carried.

There were no public comments at this time.

It was determined to rearrange Items 4 and 5 on the agenda.

Chairman Hickey read the application for rezoning from ML-Light Industrial to

C-4, Outdoor Commercial for property located at 2440 Four Mile Rd. (PPN #41-13-04-227-001).

Planner Wash provided site orientation and related that the site is located on the southeast corner of 4 Mile and Walker Ave. It is a small piece of property with an industrial building on the site. He displayed oblique photos showing all views including the paved parking lot area and access. The property is currently zoned ML. Planner Wash reviewed the staff report including the current zoning and land uses in the area consisting of C-2 commercial across the street in Alpine Twp., to the east - Orchard Park, to the west - Agricultural. The Sub-Area 1 master plan update between Bristol and Walker Ave. is designated as Village Commercial and on the west side of Walker is LDR Low Density Residential.

Wash related that this property might be part of the relocation of 4 Mile and Walker,as well as the property on the north east corner of 4 Mile Road in Alpine Township.

Motion by C. Gornowich, supported by T. Schweitzer, to open the public hearing. Motion carried.

David Bahle, applicant, was present on behalf of his LLC and referred to his 4- page letter included in the packets and his handout tonight. He related that Jerry Persons was also present as a potential user for the property.

Mr. Bahle stated that this has been a frustrating experience of whether Orchard Park/Cabela’s is going to come or not. He is trying to sort out the issues and make decisions with his property.

Mr. Bahle reviewed the handout regarding Cabela’s upcoming release of the Dangerous Hunts 2009 video game and his opinions on the Cabela’s current stock situation.

Mr. Bahle related that his attorney is working with the condemnation process and their efforts to deal with the developers individually with regard to this situation with no success. Mr. Bahle felt that good planning should incorporate ways to help those like himself who are lost in the land use transition and also in the condemnation process.

Mr. Bahle referred to Planner Wash’s staff report with regard to speculative real estate value of his property if rezoned. Bahle asked if he had applied to rezone his property 6-8 months ago, would the staff be as concerned with the concept of speculative involvement?

Chairman Hickey stated that Planner Wash explained it well in his report. Hickey stated that the planning commission likes to know what is going to go on the property before rezoning it. David Bahle stated that he called Planner Wash on Monday and let him know who the potential user was, etc. Chairman Hickey stated that condemnation does not come into play with the planning commission.

Chairman Hickey stated that during the master planning process of this area, a primary detail was to not allow outdoor sales. Hickey stated that Cabela’s or something is going to happen with the property as they just received their State of Michigan tax break. Hickey felt that Mr. Bahle is a year too soon with his request, as if the Walker/4 Mile intersection is straightened, the road will go right through his building. Hickey stated that rezoning to C-4 would be considered a spot zoning and the City has not master planned outdoor sales in this area.

Jerry Persons, potential user of the property, stated that he would like to utilize this property for the sale of 3 wheel vehicles, which are classified as motorcycles.

Mr. Persons stated that he needs the C-4 zoning in order to get a dealer’s license from the State. He would like to display 3 vehicles outside. These vehicles get 70 mpg.

Chairman Hickey stated that if Mr. Person’s business didn’t work out, we would have an outdoor used car lot on the property. Mr. Persons stated that he would like to work on the cars and sell them at this location.

Chairman Hickey stated that rezoning this property from ML to C-4 would increase the value of the property. Chairman Hickey stated that the C-4 rezoning wouldn’t fit with the village commercial designation of the surrounding Orchard Park/Cabela’s property.

Jerry Persons stated that directly north of this property on 4 Mile Road in Alpine Twp. is zoned C-2. He could sell his cars over there and work on them in Mr. Bahle’s building, but he would prefer to do both at this proposed location.

Chairman Hickey stated that through the master plan process with focus group meetings, we had decided that the C-4 outdoor commercial district does not fit within this area.

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

Member Versluis concurs with Chairman Hickey that it is too premature to rezone the property at this time.

Member Schweitzer agrees with Planner Wash’s staff report with regard to consistencies with the master plan and felt that this is out of sync with what is recommended. The applicant could use the property under the current zoning. In terms of how it fits in with surrounding zoning, C-4 doesn’t fit with what is in the area. He agrees with denial of the rezoning.

Member Rypma stated that he understands the frustration of the owner, but he agrees with everyone and that a C-4 zone does not match with the master plan.

Member Brown stated that she agrees with everyone, and recalls all of the master plan focus group meetings and all of the staff work on the master plan. The zoning should stay as is.

Member Byle stated that this property is nowhere near condemnation. Planner Wash added that the Kent County Road Commission had appraisals done on this corner. We had thought that in 2008 the road work would be in high gear, but it soon slowed down, and Kent County put this on the back burner as we didn’t know what was going to happen with the Orchard Park Project. Member Byle stated no negotiations have started on this property. Scott Conners added just the preparatory work and a road relocation map showing the affected properties.

Planner Wash stated that if the Orchard Park/Cabela’s project comes back on the screen, and it may come back quickly, there will be significant pressure to complete road work.

Member Gornowich stated that the C-4 zone is too intense. She agrees with staff as far as the rezoning. Despite Cabelas and the road change consideration, we cannot be guaranteed that Mr. Person’s business will be a success. With a C-4 zone, we open the door to any C-4 uses in that district.

David Bahle stated that the point he wanted to make is that he is disappointed, and stuck with no alternatives. The county did not have the funding for the condemnation process. On the handout to the planning commissioners he had crossed off all of the C-4 uses in the district, except this one. He is confident that Cabela’s is not coming to Walker. Mr. Bahle stated that he was in the condemnation process and should be allowed to move forward and use the property. He stated that he was willing to put deed restrictions on the property.

Member Gornowich asked Planner Wash if it was possible for a variance for an ancilliary use in the ML district for limited sales? Planner Wash stated yes, but was unsure about a variance for outdoor sales. Chairman Hickey added that the applicant would have to look into that.

Motion by C. Rypma, supported by C. Gornowich, to recommend denial to the Walker City Commission for the rezoning of 2440 Four Mile Road (PPN # 41-13-04-227-001) from ML-Light Industrial to C-4 Outdoor Commercial. Motion carried 7-0.

Chairman Hickey read the request for rezoning from C-3, Highway Commercial to CPUD, Commercial Planned Unit Development. The applicant is also requesting Preliminary Area Site Plan approval to allow the development of 5 buildings, involving 6 acres of land in front of the existing Avastar Park facility. The CPUD plan proposes a mixture of retail, restaurants, and personal service establishments. The property is located at 2150 Alpine Ave. and can be identified by PPN #41-13-12-351-039.

Planner Wash stated that this item had been tabled to allow a subcommittee to meet on site with the developer to work out site plan issues. The subcommittee consists of Members Rypma, Byle, Gornowich, and Hickey. Also Planner Wash and Engineer Conners.

Planner Wash stated that he is comfortable with the revised plans, which are more compliant with the master plan on this site. Wash reviewed the updated plans and indicated buildings situated to form the corner of Alpine Avenue and Avastar Parkway. (Bldgs 4 & 2). Wash reviewed the elevations and indicated these buildings propose an insurance company and a retail strip center. The maximum setbacks for Building #3 are 40’ from Avastar Parkway and 27’ from Alpine Ave., with a sidewalk system adjacent to Alpine Ave.

Wash reviewed the procedural aspects of the request and related that this is the preliminary area site plan level; the next step is to the City Commission for rezoning. If that moves forward, they will come back for final area site plan approval. Planner Wash related that if this moves forward, there is design detail to work on including landscaping, tree species, sidewalks, storm water detention, building materials, height, size, reflective concrete, etc.

Planner Wash stated that the outcomes of the August 1^st sub-committee meeting made its way onto the revised plans for preliminary approval.

Scott Conners stated that he felt the on-street parking would not be warranted in front of Building 4. Planner Wash added that there may be other opportunities between Hillside and Ann Street to achieve the on-street parking. Planner Wash felt that a pull-out lane with a bus stop/shelter in front of Building 4 might be a nice addition with an ADA landing down to the curb.

Chairman Hickey asked Scott Conners what are we looking at with regards to stormwater detention? Scott Conners stated that suggestions were made and he would like details such as how much "leaky pipe", details on storm basins, etc. Planner Wash stated that there will not be a final decision on storm water tonight. Scott Conners asked what direction are we leaning so they can design on the final plans? Chairman Hickey added in the Final Area Site Plan process, we will come back with the details. He would like Jack Buchanan’s engineer to work with Scott Conners on bioretention.

Jack Buchanan stated on July 16^th they presented concepts with some issues to be worked out. He met with 4 members of the planning commission and Frank Wash on site on August 1^st. They worked together and arrived at a plan that would be practical and marketable and it was agreed upon. At the end of this meeting, they discussed the handling and managing of storm water since changing the location of the buildings.

Mr. Buchanan stated the importance of this project to the City of Walker and that the alternative is not good; leaving the parking lots empty. He wants to begin the process of revitalization of this area in the City in keeping with the master plan. Mr. Buchanan stated they have had to work to get developers to buy or rent units in a depressed area. They have appreciated the Brownfield and put significant investment into Avastar Park.

He stated it is a beautiful plant, and a good opportunity to develop that front property. Buchanan felt that DAR, Daryl Herweyer, has come a long way to accommodate the master plan, and Planner Wash thinks we have done that. Many developers don’t fulfill their promises, but we have and they will. With the work done on August 1^st with Mark Tomasik, architect, and Frank Wash, they feel this is an excellent plan. Mr. Buchanan stated that this plan now is consistent with the master plan for the area and compliant with the Renaissance Zone Agreement. He appreciates the work staff has done on this. He realizes there are details to work out in the final area site plan. If approved tonight, it will move forward to the City Commission for approval of the rezoning. They will then come back and work on the final area site plan details. Mr. Buchanan stated we are working together in good faith for a wonderful project.

Mark Tomasik, Architect – Innovative Design, then reviewed the building renderings of Buildings 2 & 4. He felt that the elements of physical, mental and spiritual wellness were designed into the building. The architect related that they will be using block materials. He suggested a rain garden approach, letting the rain drain into the soils keeping it natural. Mr. Tomasik stated that there isn’t anything that staff is asking for that they can’t make happen. He will work with staff on the plantings and sidewalks, park benches, lighting, etc.

Chairman Hickey stated that Building 4 looks very nice. He asked if their engineer Rob Berends, of Exxel Engineering, would work with Scott Conners on the drainage for the final area site plan. Chairman Hickey stated that we are demanding something as far as drainage. He asked Mr. Tomasik to work with Frank Wash on the landscaping and the various items in his staff report.

Chairman Hickey stated that we all agree with what is on the drawing now. Member Gornowich asked what the setbacks are from Building 4? It was determined that it is 5’ to the front door, the next step back to the main building is 4’, and 9’ off the sidewalk. It was determined that the setback from Avastar Parkway side of Building #4 is 25’ from the sidewalk. The setbacks on Building #3 is 40’ from Avastar Parkway to the building from the sidewalk, and 27’ from the sidewalk to the building on the west side. It was determined that Building #2 between building #2 and #3 is 79’. Mr. Tomasik to work with Planner Wash on the landscaping and signage.

Member Gornowich asked for clarification on the text note in Planner Wash’s staff report regarding the "CPUD advantage" being sought with regard to the setbacks and signage? Planer Wash explained a PUD advantage with multiple ground signs, as only 1 per lot is allowed by zoning. They are looking for extra ground signs, 1 per building. Gornowich asked if we were approving the approximate location and maximum number of signs? Planner Wash stated yes, we are looking at the number and location. Member Gornowich asked if it was the intent of the ground sign to list all of the tenants or as a building identification?

Daryl Herweyer stated that he doesn’t know all the needs yet of the users. He is not a fan of ground signs that list the tenants. He prefers channel letters on the building for identification.

Planner Wash added that technically the commercial code would allow a pylon sign, but the planning commission has been requiring ground signs in PUD’s. Daryl Herweyer stated that they would limit the signage on the street to a monument sign. Mark Tomasik added that they could make the signage fit the streetscape.

Member Rypma asked if the Renaissance Zone was extend to these commercial outlots? Planner Wash stated yes, to make the frontage more attractive for development. Chairman Hickey added the time limit is 15 years and that 1.5 years have run out.

Member Rypma asked why the road behind Building 3 has a slight bend? Mark Tomasik stated that the curbs are there and due to the depth of the site. Scott Conners stated that the driveways were built in anticipation of the Avastar Park outlot development.

Member Schweitzer asked what are we taking action on tonight? Planner Wash related that the preliminary plan is an area plan for the whole project; everything on the sheet we are reviewing tonight. They will have to come back in the future with targeted site plans for final area site plan review.

Member Schweitzer asked if these are single story buildings? Chairman Hickey stated no, when we first did the master plan we wanted 2-story buildings facing Alpine Ave. Building 4 looks like a 2-story, Building 3 has extended height of the building, and Building 2 – they tried to make it look like a –2-story with extensions going up. They dressed up the building in front with piers to make them look like separate units. Hickey stated that the sub-committee agreed to what is shown.

Member Schweitzer asked if there would be a residential component to the development, or are we committing to not having it? Planner Wash stated the CPUD entails retail, office, and service mix of uses and he would be surprised if there was any residential, but he doesn’t want to rule out the potential of taller, mixed use buildings in other locations along south Alpine Avenue.

Daryl Herweyer stated that they attempted a 2-story bluff for the insurance building. Herweyer stated that there is no market for residential on this site.

Chairman Hickey asked for colored renderings and material samples when they come back for final area site plan approval.

With regard to details on the building, Planner Wash asked for the sub-committee to work with him on the details.

Member Schweitzer asked if Scott Conners agrees with the stormwater variance? Conners stated that he can’t agree with the variance, but he can give his professional opinion. Rob Berends, Engineer and Scott to work this out. Scott stated that they might maximize the benefit from the site without requiring a detention pond.

Member Rypma stated that at the August 1^st meeting, we did not know what would go in Building 3, but we have set the maximum setback requirements.

Member Gornowich asked Scott Conners about his comments regarding reconsidering the design of the master plan? She thought we wanted to encourage the development trends for Alpine Ave. Scott Conners stated that originally the thought was that this would set the tone for development. We agreed that this project would set the tone. If this sets the tone, we will have a tough time from a public works standpoint not thinking about what the next projects will look like. With the proposed setbacks and the amount of right-of-way we have for Alpine Ave., on-street parking would not be feasible. Scott felt that possibly might work on others parts of Alpine across the street, maybe with an apartment house with parking in back.

Scott Conners stated that Frank Wash’s idea about a bus stop is a great one. With good access management, we might have the opportunity to still do those kinds of things.

Member Byle stated that he is pleased with this plan and that it is a nice looking rendering.

Member Brown stated that everyone did a wonderful job planning this one, and it will make this area look really nice.

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

Tyler Korfhage, 2717 Garfield, N.W., said thanks for working together to make this project happen.

Motion by C. Gornowich, supported by C. Rypma, to approve the Avastar Park CPUD Preliminary Area Site Plan, as it does meet the standards set forth in the City of Walker Zoning Ordinance and is consistent with the Sub-Area #3A Master Plan for South Alpine Avenue, with the following Conditions of Preliminary Area Site Plan Approval:

1. Stormwater bioretention techniques will be presented with any Final Area Site

plan for the project. Bioretention techniques could include one or more of the following:

2. Onsite roadside signage will be limited to one ground sign per building. All onsite signage, other than those already approved by the "Walker Zoning Board of Appeals", will meet the size and location standards of the City of Walker Zoning Ordinance for wall, ground and directional signage. These signage details will be shown on any Final Area Site Plan.

3. Colored concrete hardscape will be used at the main entrance intersection of Alpine Avenue and Avastar Parkway. This material will be shown on any Final Area Site Plan.

4. Developer agrees to all conditions noted in the City Planning Director’s staff report dated August 13^th, 2008, except as modified by the Planning Commission.

5. Developer agrees to all conditions noted in the City Engineer’s staff report dated August 13, 2008, except as modified by the Planning Commission.

Findings of Fact (Section 94-213(3):

◦ The Avastar Park CPUD Preliminary Area Site Plan

◦ Does plan for efficient vehicular movements and pedestrian access

◦ Does offer a landscaping, lighting and signage plan that will complement the site and neighboring properties.

◦ Will function as a desirable and sustainable redevelopment project for the South Alpine Avenue corridor.

◦ Buildings #1 and #2, as shown on the site plan, cannot be moved forward, given the present location of two large, underground pipes that contain an urbanized stream.

◦ The proposed plan will foster creation of jobs.

◦ The proposed plan, as presented, has interconnection within the development and with the public streets.

◦ The active drain systems likewise requires that the buildings at the northern end of the lot be setback from the roadway.

Motion by C. Gornowich, supported by C. Rypma, to recommend approval of the rezoning to CPUD to the City Commission for the Avastar Park project. Motion carried unanimously 7-0.

Planner Wash related that we tabled this item and staff was directed to report on the number, placement, type and ownership of billboards that currently exist within the City.

Planner Wash completed the billboard analysis using oblique photos and REGIS maps showing billboard locations in his report to the planning commission.

The question is do we want to initiate zoning ordinance amendments for these new technologies, including Tri-Vision billboards, which change advertising copy via mechanical methods and digital/LED billboards, which are similar to large computer screens.

Mike Hucul was present from CBS Outdoors and stated that technology warrants a change to the Zoning Ordinance for these billboards. He related that they have been working with MDOT, these will reduce greenhouse gases (no trucks). Currently, Grand Rapids Press, Cabela’s Meijer, and Grand Rapids Ophthalmology use and depend on signs now. He is willing to talk about "trading" signs. Pictures were shown on Remembrance Road and Wilson Avenue of non-conforming signs not on industrially zoned property. Hucul stated that they could offer to take these down in trade.

Member Schweitzer stated that taking down the non-conforming signs seems foreign to him. Planner Wash added it would be difficult for the building department to administrate, as you can’t control other people’s boards. Planner Wash prefers more stringent spacing standards, if the Planning Commission is inclined to amend the ordinance.

Chairman Hickey stated if they take one out, can we say we will not have it replaced there?

Planner Wash stated if we want to accept these technologies, he will confer with our City Attorney on potential ordinance changes.

Mike Hucul stated that the City of Grand Rapids is considering a credit – if they take down a nonconforming sign, they would receive a credit as well as spacing.

Mike Hucul stated that on 131-N of 28^th Street on the east side, they are going live with a digital billboard if we want to see one in Wyoming.

Member Byle stated that he drives by them regularly on Gezon Parkway also.

Chairman Hickey asked Member Schweitzer how many he has in Kentwood? Member Schweitzer stated zero digital or tri-vision as Kentwood’s ordinance does not allow for changeable messages. Four total otherwise.

Planner Wash thought that the previous planning commission concensus was to not be in favor of these technologies. If we are, then he will come back with ordinance options from our city attorney.

Member Schweitzer has a concern with them and is not supportive of changeable messages. He stated that there is a distinction between on–site vs. off-site. On-site – Walker allows advertising for businesses. Billboards are off-site advertising.

Member Rypma feels it would be an improvement from what we have now. This is a way of approving existing billboards. It would look better and have better maintenance. If the copy changes every 30-40-50 seconds, he doesn’t have a problem with it. If there is a way to reduce the number of signs we have now, it would be better and we could be on the cutting edge with some new regulations. It was determined that a light meter was used to measure digital screens.

Three representatives from Grand Rapids Outdoor – Gary Johnson, Randy Disselkoen, and Craig Idema all gave reasons such as State of Michigan – Amber alerts, small business advertising, City advertising, etc. as justification for the new sign technologies. All digital copy changes are done via computers.

After much discussion it was determined that the applicant would provide a list of where these new technologies are allowed. Also copies of ordinances from area communities that Mr. Hucul will provide.

Planner Wash indicated that Orchard Park will be on the September 3^rd agenda requesting a 1-year extension for their original preliminary area site plan approval from 8-4-06.

Motion by C. Gornowich, supported by D. Brown, to adjourn the meeting at 10:00 p.m. Motion carried.

____________________________ __________________________

Administrative Approval Carol Gornowich, Secretary

Walker Planning Commission