Regular Meeting
April 10, 2018

The meeting was called to order by Chairman Marion Hoeve at 7:00 p.m.

Present: Chairman Marion Hoeve, Vice-Chairman/Secretary Jack Vander Meulen, Members Ken Bosma, Dennis Gebben, Vern Johnson, Norm Nykamp, and Ed Zylstra. Also present were Community Development Director John Said, Assistant Community Development Director Corey Broersma, and Recording Secretary Sheri Thomassen.

Motion to approve the minutes for regular meeting of March 6, 2018, made by Mr. Johnson, supported by Mr. Bosma. Motion carried.

Chairman Hoeve explained the Public Hearing process to the audience.

Chairman Hoeve opened the public hearing for consideration of a Special Use request submitted by Timothy Lubbers/VTR Properties LLC – 11305 Lakewood Blvd. Petitioner is seeking special use approval to continue operating existing business with outdoor storage of materials and equipment (for existing construction/excavating operations) on the aforementioned property, which is zoned I-2 General Industrial. The approval request was triggered due to a request to expand the accessory building on the site.

Tim Lubbers, owner of Busscher’s Septic & Excavating, was present to speak to this request. He pointed out the location of the additional building (with doors facing east). He added that they are not asking for anything new, only trying to make it better.

Staff Report was reviewed. Questions and comments included:

Busscher’s precast all their own tanks, stored outside.

Temporary sheds are used to store straw. If illegal, Applicant wants to know what would have to be done to make it legal. Staff recommended they talk to a Code Enforcement Officer.

Applicant said the proposed new building will provide screening. Staff responded that the east edge of the property is the issue.

Ed Zwyghuizen, Edz Architecture LLC (9818 Perry St., Zeeland), added that the property to the east was changed from I to C years ago, and now Busscher’s is burdened with it, being requested to change after 50+ years. Staff reminded all present that the expansion of the accessory building is the reason for this Special Use request.

Brine/chloride is used to control dust; sweeper is used to keep dirt/mud off Lakewood, however there is some run-off.

Busscher’s shares an easement along their property line with Springbrook Supply.

Chairman Hoeve asked Staff if this could be settled in future if Shoreline gets sold, then a barrier must go up. Staff responded that it would be more challenging to enforce later.

Mr. Gebben asked what function a fence would serve and sees no practical use. He suggested that a fence be put in when needed, not to simply satisfy the code. The fence would be just a placeholder at this time. Staff responded that anytime there’s outdoor storage proposed, screening is required. A minimum of 6’ high solid fence would be required.

Applicant shared that TA Gentry has no fencing and wonders what excludes them.

Mr. Zwyghuizen added that when properties are used for 50+ years are now being asked to comply with new ordinances, when do we say we’ll do it in the future when the businesses change? New owners or new business would have to meet new ordinances. He added that Busscher’s is burdened with the history of changing from I to C.

Mr. Johnson shared that the Zoning Board of Appeals (ZBA) relieved the greenbelt and paved surface requirement at their last meeting. Staff read the code and ZBA draft minutes dated March 27, 2018.

Dan Veltema, owner of Springbrook Supply (11291 E. Lakewood Blvd., Holland), shared his concerns regarding run-off from backside of Busscher’s building any time there’s a rain event affecting foot traffic area where employees and customers walk. There’s a “brown river” that flows less than 20’ behind the building, and the problem was made worse when gravel was added. He wants to make sure they excavate and wants to see the plans. He also added that zoning was changed from I to C per the Township in order for him to lease out part of his building. Mr. Veltema shared that an 8’ easement was purchased by his father in 1981 and asked where the fence would go. Staff responded that the fence would be required along the property line as screening for storage area to the north (approximately 200’).

Motion to close the public hearing made by Mr. Vander Meulen, supported by Mr. Nykamp.

Motion to approve the Special Use request for outdoor storage made by Mr. Bosma, supported by Mr. Gebben. All in favor. Motion carried.

Chairman Hoeve opened the public hearing for consideration of a Special Use request submitted by Roger Gemmen – 222 W. Lakewood Blvd. Petitioner is requesting special use approval for an open-air market, nursery and greenhouse at 222 W. Lakewood Blvd. The property is zoned C-2 General Commercial.

Mr. Mike Grassmid (15697 Ryan Dr.), Outback Nursery, was present to speak to this request. Outback has been operating next to VanWieren Hardware and is proposing this new location for a nursery/garden center with greenhouse structure (future), plants on display and outdoor market. Their business is seasonal, operating April – November.

Questions and comments included:

Site plan was reviewed.

A curb would be provided.

A fence and trees would provide security (not a concern of the Applicant).

Applicant doesn’t see a need for a building at this time; greenhouse might be added in the future.

Are bathrooms required? Staff added that a building of some kind, with a restroom for employees, would be required.

Applicant responded that if staff needed to use a restroom they could go to nearby grandma’s house. Staff added that the Building Official would address this.

Staff Report was reviewed. Concerns include delivery truck access and compost/outdoor storage.

Staff will work out site plan details with Applicant.

Parking spaces – currently 6 spots, plus reserved area for future/overflow.

Staff added that this might need to be reconfigured and that it must be paved.

Mr. Gebben commented that he is not concerned with the use, but plan should have more detail. Mr. Vander Meulen agreed.

Audience member, Shawn Sidhu, Adient (205 Douglas Ave., Holland) has no objections to proposed Special Use, but does have concerns regarding safety. They have 80 trucks coming in and out of that area and said it might be a public hazard. They’re in a foreign trade zone as well and cannot have private vehicles near certain areas of their facility. There are also retention ponds, and he has compliance concerns.

Motion to close public hearing made by Mr. Bosma, supported by Mr. Nykamp.

Motion to table and suggest Applicant work with Staff to fill in the blanks made by Mr. Gebben, supported by Mr. Vander Meulen. All in favor. Motion carried.

Chairman Hoeve opened the public hearing for consideration of a Rezoning of 2727 N. 120th Ave. (70-16-16-400-036) submitted by Henry Voetberg (on behalf of H. Kievit Trust). Petitioner is requesting rezoning of the subject property from A Agriculture to C-2 General Commercial. The property contains approximately 11.1 acres.

Henry Voetberg (687 Northshore Dr.) was present to speak to this request.

Staff Report/Rezoning Considerations were reviewed.

There was no one in the audience to speak to this request.

Motion to close public hearing made by Mr. Nykamp, supported by Mr. Bosma.

Motion to recommend to the Township Board that approval be given to rezone the property located at of 2727 N. 120th Ave. from A Agriculture to C-2 General Commercial made by Mr. Bosma, supported by Mr. Zylstra. Motion carried.

Chairman Hoeve introduced the next item on the agenda – Adams Ridge Final PUD, a proposed planned unit development on 30 acres consisting of 72 townhomes with attached garages anticipated to be served by public watermain, public sanitary sewer, a private road, a private storm water retention basin, and common open space for this rental community. The petitioner also has a current request, to be submitted to the Township Board concurrently with the final PUD, for rezoning of this property from (A) Agriculture (A) to (R-1) Single-family Residential. In November 2017, a public hearing was held concerning the preliminary PUD, and the Planning Commission approved the request. At the March, 2018 Planning Commission meeting, a public hearing was held concerning the proposed rezoning, and the request was approved by the Commission.

The petitioner has revised plans to reduce the overall number of buildings and units, including elimination of the proposed 4-unit building in the western portion of the property. The previous proposal included a total of 80 units, while revised plans include 72 units in 18 4-unit buildings. The plans include additional minor changes to the layout and other related aspects.

Lynnelle Berkenpas was present to speak to this item and presented a summary of changes to the PUD. Staff Report, including Zoning Ordinance Exceptions, and site plans were reviewed and discussed.  Ms. Berkenpas indicated timeframe of Spring 2019-December 2022, with no planned phasing.

Mr. Bosma suggested 20’ easement be considered for future sidewalk (vs. 10’ on site plan). Ms. Berkenpas agreed that could be included as a consideration.

Ms. Berkenpas indicated that Property Management Company, most likely Fusion Properties, will be responsible for common area maintenance and management, tenant maintenance and management, snow plowing, and road maintenance and repairs.

Ms. Berkenpas indicated that each tenant will have their own garbage can to eliminate the mess/overuse and misuse of common dumpsters.

Staff has concern with higher level of refuse with rental units and how that would be handled.

Staff indicated that landscaping plans have been addressed and reviewed.

Chairman Hoeve expressed concern over little to no storage. Applicant feels comfortable with layout. Staff added that 120SF of storage is required per dwelling unit per code and could be a conditional requirement.

Mr. Bosma suggested that mailboxes have to be shown on the site plan.

Staff provided update on emergency access road received from Fire Chief Kohsel today.  Mr. Bosma added that approved thickness is not standard; final coat needs to be applied before building permit is issued. Still need drive approach approval by Ottawa County Road Commission and barrier details for the north and south ends, such as gates with Knox boxes be approved by the Fire Chief.  Ms. Berkenpas responded that these details will be worked through during construction plan development.

Staff would like to see evidence to support the petitioner’s statement regarding the need for rental housing. Mr. Vander Meulen shared that there has been information published in the local paper regarding the shortage of rental housing in the area.

Staff is concerned about a potential future condition including surplus long-term vehicle parking, commercial vehicle, and boat/RV storage/parking in the common parking areas.  Ms. Berkenpas indicated that Property Management Company, most likely Fusion Properties, will be responsible for enforcing rules.

Ms. Berkenpas noted that a 10’ x 12’ concrete pad will be set back from Adams for safety reasons, adjacent to the site entrance. Staff added that this pavement should be extended to Adams Street and then west along the turn lane and deceleration lane, at a width of 6 feet.

Mr. Gebben asked about storm water management.  Ms. Berkenpas answered that water is required to be treated before draining into the Tulip Inter-County Drain, a controlled release before the flood plain.

Mr. Gebben agreed that there is a shortage of rental housing and that material is available supporting the need for rental housing, however this is not low-income housing. Ms. Berkenpas responded that local businesses hire people that are not necessarily looking for low-income housing, and they cannot find available rental housing in this area.

Mr. Gebben noted that the underlying zoning for this property is R-1 and asked if this PUD is providing less desirable residential properties.

Mr. Gebben asked if 25’ setback exception is justified.  Ms. Berkenpas responded that a 35’ setback can’t be met due to limits of the property; would lose 8 buildings/32 units.

Motion for Staff to provide the Board of Trustees with the favorable Resolution and Report, including stipulations of required 120SF storage, fire access/details, pavement, road completion (top coat applied) before 50% finished, 20’ easement along Adams, and mailboxes on revised plan made by Mr. Bosma, supported by Mr. Zylstra. All in favor. Motion carried.

Public Comment

Bob Harmsen (687 Garden Ridge) is concerned that the masterplan calls this property R1 light residential, and this PUD differs from that plan. He also asked if renters will be made aware of flooding on this property. Will they be covered by the property owner’s insurance? Ms. Berkenpas responded that renters will be covered by their own renter’s insurance. He’s also concerned that sewage will have to go up the hill. Mr. Bosma added that the developer will be required to get permits from the State and another agency. Mr. Harmsen is also concerned with the timeline indicating 3-1/2 years is a long construction process and is concerned with traffic hazards and bottlenecks during this time.

Other Business

U-Haul, Lakewood/US31
Planning Commission previously approved Special Use. Staff has been working with Applicant on the details and is asking Commissioners for additional comments. Staff presented site plan. John Gilmore, U-Haul rep, was present to answer questions He summarized changes:

Retail space has been moved to the back

Would like to display trucks along Lakewood Blvd., smaller vehicles not exceeding 9-10’ high.

Larger trucks would be parked on the east (US31) side

Applicant wants to give as much openness to neighbor on the west

Approved plan was reviewed. Setbacks have grown to control water on site. Commissioners are okay with parking nothing taller than 9-10’ high along frontage on Lakewood and along west side lot line south of the existing building (the SW corner of the property).

The next regular meeting is scheduled for Tuesday, May 1, 2018 at 7:00 pm.

The meeting adjourned at 9:29 p.m.

Respectfully submitted,
Sheri Thomassen
Recording Secretary