Planning Commission Minutes

Planning Commission

Regular Meeting

November 19, 2008

7:00 p.m.

Members Present: T. Schweitzer, C. Rypma, J. Hickey, Chairman; C. Gornowich, T. Byle, M. Huizenga, D. Brown, and T. Korfhage. Absent: S. Versluis. Also Present: F. Wash, Planning Director, S. Conners, City Engineer, and P. Dlouhy, Planning Asst.

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

Approval of Minutes – November 5, 2008

Motion by D. Brown, supported by T. Schweitzer, to approve the minutes of November 5, 2008, as printed. Motion carried.

General Public Comment

There were no comments at this time.

Case #08-548 – Northridge Precise Plat – East

Chairman Hickey read the request for an informal workshop to discuss Northridge Drive road planning and extension through the Orchard Park and English Hills properties.

Planner Wash related that this item had been initiated by the planning commission as the second phase of the North Ridge Drive Precise Plat Process.

Wash referred to the first precise plat zoning ordinance, which covered the two current dead ends of North Ridge from the Grand Rapids Press to the Fruit Ridge Industrial Park, which was approved in September 2008 by the City Commission.

Planner Wash related that this second precise plat ordinance will cover North Ridge from Walker to Bristol to 4 Mile and Cordes. He related that this is step one of three. Approval of a road layout plan, legal description and accompanying ordinance will be step two for the planning commission.

Wash reviewed his staff report including the following items that were included in his staff report:

A "Street Network Improvements Map" from the Sub Area #1 Master Plan Update report.

A Future Land Use Map from the Sub Area #1 Master Plan Update report.

A Future Land Use Map from the Sub Area #3B Master Plan Update report.

An 11x17 map of proposed North Ridge Drive improvements from Walker to 4 Mile/Cordes. This drawing is part of the Orchard Park site development agreement.

Via a round table discussion, Planner Wash reviewed these documents with the planning commission and property owners Zach Bossenbroek, and Joel and Bruce Langlois. Wash reviewed generalized and site specific concepts to align and construct North Ridge Drive through the Orchard Park and English Hills Golf Course properties.

Chairman Hickey asked the property owners if they were in agreement with what has been proposed?

There seemed to be agreement by the property owners regarding the general layout and a "match line" meeting point for North Ridge Dr. at the common property lines.

Zach Bossenbroek stated that it is important to open up space east of the ravine instead of the 4 corner concept originally proposed, keeping North Ridge as far to the north as possible with a perpendicular alignment as it crosses Bristol.

Zach Bossenbroek related that with respect to their property east of Bristol, the developers want to create value with potential development on the north side of the road. He felt there is some waste of usable property with the proposed angles, but also felt it was important to properly design the road layout.

Chairman Hickey asked where the future water park might be located? Zach Bossenbroek stated that the latest plan showed the water park location, but it is on hold as there is no current financing available for a water park.

Member Byle stated that it is important for the two landowners to agree to the road connection point and general location.

Scott Conners stated that a legal description has to be prepared that shows the alignment. He felt that we can look at the topographical and specific design changes later.

Planner Wash stated that in Step 2, the planning commission will create an ordinance similar to what was done on the westerly end. Wash related that it is a public safety issue to plan for the road connection. Staff will add the legal description that states the route and course of the road, subject to change in the future. Wash related that if the two property owners agree with the general road alignment, we can move forward.

Joel and Bruce Langlois discussed future development uses for their property, including mixed commercial and mixed residential.

Chairman Hickey asked the Langlois if they were in agreement with the road plan to eventually link to Cordes and Four Mile Road? Joel and Bruce Langlois stated yes.

Scott Conners stated that east of the Orchard Park property, we should have staff review to make sure the property owners are on board with the alignment. He would like to get the property owners together with staff before we put a legal description together.

In reviewing the possible southerly connection through the Langlois property to the back of the Geenen-DeKok property out to Alpine Ave., Chairman Hickey stated that he would like to see a road go through there at some point. Pete LaMourie, of Progressive A&E, added that if they can make northbound lefts work better on Alpine and 4 Mile, that might make the future connection to the Geenen-DeKok property a more viable option as an "alternative access" route.

Planner Wash stated that we are now looking at just the North Ridge road alignment for the precise plat. The Planning Commission wants to make sure that the future road comes together in a logical spot.

Scott Conners stated that we don’t want to force the road into an alignment, but rather validate the plans as created by the land owners.

Staff was directed to work with the property owners to create a road layout plan and legal description.

Planner Wash stated that the planning commission could consider the precise plat ordinance on the December 17th agenda. Wash related that this will be Step 2. Step 3 will be a public hearing at the city commission level to review the proposed zoning ordinance amendment.

With respect to the southern leg, Member Gornowich stated if the connection to Alpine Ave. doesn’t become a reality, the length of the southern cul-de-sac should be looked at. Planner Wash added, if the "water park" is proposed, we will loop the road back into the Langlois property to provide better traffic safety and flow.

Member Schweitzer asked if there is a 126’ right-of-way planned? Pete LaMourie stated yes, a 126’ boulevard section.

Chairman Hickey suggested that the Langlois and Zach Bossenbroek get together with Scott Conners and Frank Wash to refine the road alignment and the legal description.

Planner Wash stated that there are ravine issues on both properties. Member Schweitzer stated that the precise plat might help out with that issue, subject to MDEQ review.

Motion by T. Byle, supported by C. Gornowich, to move forward with Step 2 of the Precise Plat process. Motion carried unanimously.

New Billboard Technologies

Chairman Hickey related that this is a discussion/action item that was tabled at the November 5th meeting.

Planner Wash reviewed his staff memo dated 11-13-08.

Member Rypma related that at the last meeting on November 5th, the commission had discussed the basic question: Should the City consider amending the zoning ordinance to allow and regulate digital/LED and mechanical/Tri-Vision billboards? Rypma related that the item was tabled because there were 3 planning commission members absent at the last meeting and a full board should decide the issue.

Member Rypma stated that he appreciated the information in Planner Wash’s staff report and City Attorney Jeff Sluggett’s memo dated 11-16-08.

Planner Wash stated that the commission should consider amending or not amending the zoning ordinance to allow and regulate digital/LED and mechanical/Tri-Vision billboards. He stated that a variety of information has been provided in the meeting packets. Pete LaMourie supplied us with an article from the ITE Journal regarding the difficulty of designing a digital billboard traffic safety study. Wash related that FHWA is updating a study on digital billboards and traffic hazards. Wash suggested that the planning commission might want to consider waiting until this new FHWA study comes out.

Member Gornowich asked if there was a timeline on a decision?

Member Rypma stated that the planning commission could amend the ordinance to exclude, permit, or do nothing and leave the ordinance as is for the time being. Planner Wash added that the planning commission could revisit this agenda item when the FHWA study comes out.

Member Huizenga asked if there was a current special permit to allow LED’s? Planner Wash stated that they are not allowed, based on staff’s opinion, as supported and affirmed by the Zoning Board of Appeals.

Member Korfhage stated that the Zoning Board of Appeals referred this item to the Ordinance Committee, then it was referred to the planning commission.

Member Huizenga asked if we had analyzed the option of taking out 3 billboards for 1 digital billboard? Planner Wash stated that he did a billboard study and ownership is an issue, as the same owner might not own enough billboards to meet the requirements of such an ordinance.

Chairman Hickey asked when the FHWA study will be out? Planner Wash stated he doesn’t know, but he will find out and report back to the commission and billboard companies.

Member Byle stated that this technology will not go away and we will eventually have to deal with it. However, he would like to see the results of the FHWA study first before making a decision. He feels the commission needs the updated final report findings before an informed and reasonable decision can be made.

Member Huizenga stated that he would also like to look at the FHWA study to understand any traffic safety impacts better. This is new technology and no one knows the relationship between the digital boards and traffic safety. Huizenga felt this should be on hold until we review the FHWA study. We should have current, peer-reviewed information.

Member Schweitzer stated that the Kentwood Ordinance was amended this year to allow for electric message centers, not digital or LED’s, for on-site advertising. They did not extend it to billboards. Schweitzer felt what is compelling is the study put together by staff outlining what billboards are here now in Walker. Schweitzer felt that Walker makes adequate provision for billboard display and there is nothing compelling Walker to change the billboard ordinance. There is a huge ability in Walker to advertise via billboards.

Chairman Hickey stated that we should get the FHWA study first, then have a work session with the billboard companies to review the results.

Member Rypma stated that he is not opposed to billboards and feels they are popular and add some benefit, but they have to be properly regulated. Rypma would like to wait for the FHWA study and then make a decision. He stated that we don’t have to be the first one to allow this technology. The more information we have, the better we are.

Member Brown agreed that we should wait for the FHWA study. She stated that there are too many billboards in Walker now, and is not sure that the study will change her mind.

Member Korfhage stated that his initial reaction was that he doesn’t like billboards. He agrees with Member Rypma. He would like to wait for the FHWA study, and feels that this is a reasonable and permissible plan of action.

Member Gornowich stated that the digital or LED billboards are not currently allowed in Walker. She asked what about converting the existing billboards? Planner Wash stated that is not allowed. Member Byle added that it would be 100% reconstruction as they would take an existing billboard down and start over again. She is against new or converted digital billboards, but she will wait for the study.

Chairman Hickey suggested that after we get the FHWA study, we will have a workshop within 90 days.

Member Gornowich stated that the safety issue isn’t her only consideration. Other considerations will come into play after the study. These include aesthetics and community standards under Michigan’s Home Rule Law.

Mike Hucul thanked Planner Wash for considering the topic. He stated that the Zoning Board of Appeals gave them a timeline of one year and it is almost up. Mr. Hucul stated that he has supplied us with studies. MDOT has boards out there now. Member Byle added that MDOT’s boards are approved and paid for with Federal Highway funds and are restrictive and very limited as to those messages. Mr. Hucul asked the planning commission to consider a cap on one LED for now. Member Gornowich stated that could be one too many and would be premature action, given the pending FHWA study.

Chairman Hickey stated that the planning commission will wait for this FHWA study. He stated that we could deny this item tonight. We will wait for the study and hold the workshop with the billboard companies.

Planner Wash will check with the FHWA for the report status. He will also check with the Zoning Board of Appeals the official status of Mr. Hucul’s variance request.

Mr. Johnson, GR Billboards, stated that he appreciated the efforts and cautiousness of the planning commission, and for looking at this in an educated way. He asked, why should billboards be treated differently from on-premise signs? Mr. Johnson felt it is too costly for them to wait two years for a study to come out.

Motion by T. Byle, supported by T. Korfhage, to table this item until the FHWA study is published. Motion carried unanimously.

Staff Update

Planner Wash reviewed the items on the December 3rd meeting to include: 1) Standale Downtown District Ordinance introduction; 2) Rezoning of 2109 Kinney. Also, staff will be offering potential ordinance amendments to the Ordinance Committee regarding completion standards for private roads. Staff is creating a draft Sustainable Energy Ordinance. The first chapter will focus on small wind turbines.

Adjournment

Motion by T. Korfhage, supported by D. Brown, to adjourn at 8:20 p.m. Motion carried.

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Administrative Approval Carol Gornowich, Secretary Walker Planning Commission