PARK TOWNSHIP
PLANNING COMMISSION MINUTES
Draft until approved at next meeting

January 22, 2008

Mike Toscano, Chairman, called the regular meeting of the Park Township Planning Commission to order at 6:00 p.m.

 Present: Joseph Lampen, Jim Szidik, Mike Toscano, Nicki Arendshorst, Bret Docter, Dan Martin, attorney and Eric Davis, Zoning Administrator

 Toscano stated that Mark Knudsen’s presentation has been rescheduled for a later date. He asked if anyone had anything that they wanted to discuss. It was decided to continue into the agenda items.

 MOTION

            A motion was made by Arendshorst and supported by Szidik to approve the agenda as presented.

            Motion carried: 5-0

 MOTION

            A motion was made by Docter and supported by Arendshorst to approve the minutes for the December 18, 2007 regular meeting as presented.

            Motion carried: 5-0

The following comments address the conditional rezoning request for 2244 Third Ave. that was tabled last month.

Joel Welch, 679 Bosma Ave., addressed the flood plain issue especially regarding the steps that could be taken to repair or build a house on a property that is in the flood plain. He stated that according to the Department of Environmental Quality (DEQ) fill may be brought in.  

Carol Washburn, 2253 First Ave., explained the character of the neighborhood. Twenty years ago it was run down. She showed pictures of improvements to some of the houses over the last twenty years. She stated that it has turned into an historic district of renovated homes.

Herb Pollack, 2285 Ottawa Beach Rd., stated that a fast food business would alter the nature of the neighborhood. Most of the cottages have stayed with the original resort-era styling. The area has both state and national historical district designation. He stated that he felt that it was important to keep commercial ventures from this area.

Sally Pollock, 2285 Ottawa Beach Rd., stated that the general trend in the area is to upgrade the residential structures and keep them historic.

Skip Nagelvoort, 2323 Pavillion Ave., stated that, as director of the West Michigan Parks Association (WMPA), he wanted to say that there are only a few areas like this in the country. He stated that he is on the advisory committee for the Ottawa County Parks and Recreation Committee and their entire concept for the area is to have residences and nature commune. The county wanted to buy the property in question but the price was too high. Other small businesses in the area have all failed. The area is not conducive to commercialization.

Bob Fewless, 2247 Second Ave., stated that the proposed project will lower the property values in this unique area and have a domino effect.

Skip Nagelvoort stated that the township Comprehensive Plan (the “Master Plan”) shows that the area should be R-3.

Carol Washburn stated that she’d love to see the township buy the property and make it a park. She stated that the property is suitable for a residence. She showed how the properties on Third Ave. could be used for three cottages. She stated that the conditional rezoning application fails to meet the eight “standards” for a rezoning and the applicant has not “proved” that the property cannot be used for residential purposes.

George Washburn, 2253 First Ave., presented a written synopsis of the neighbors’ presentation.

Craig Hill, 2250 Second Ave., stated that he is concerned about trash, traffic and safety issues.

AGENDA ITEMS

Item #1           Conditional Rezoning – R-3 to C-2 – 2244 Third Ave.  

Toscano stated that the Planning Commission (PC) members had received an amended application.

Martin outlined options for proceeding. He stated that the PC should look at the additional information from the public and from the applicant and his attorney and consider how to proceed.

            A motion was made by Arendshorst and supported by Szidik to remove the item from the table.

            Motion carried: 5-0

Toscano clarified that the township attorney had prepared a resolution to recommend denial of the conditional rezoning to the township board.

Randy Schipper, attorney for the applicant, stated that it is important to distinguish that this area of the township had a commercial aspect to it from the very beginning. Most of the commercial has been on Ottawa Beach Road. The residential area is up the hill. Ottawa Beach Road handles 1.2 million state park visitors per year. It doesn’t have a residential feel. He stated that regarding the application amendment, the concept hasn’t changed but rather some of the aesthetics.

Mark Smith, 15860 Fendt Farm Dr., applicant along with his family and developer Scott Geerlings, stated that they are willing to negotiate on any condition presented in their amended application. He stated that they feel that what they have done in the last two weeks (the conditions, the redesign and the gathering of approximately 600 signatures supporting this venture) shows that they are competent and capable of meeting any problems. Regarding the historic nature of the area this is on the outskirts and is not in the residential neighborhood. This would be a first class facility and would not be a detriment to the historic nature of the area.

Szidik asked for clarification on Smith’s communication with the Ottawa County Parks and Recreation department.

Smith clarified they are trying to resolve a fence-line issue.

Toscano asked who he had talked to at the county.

Smith stated that he had talked to Ted Bosgraaf and John Schultz.

Szidik asked Smith if he had had further talks with the Ottawa County Road Commission (OCRC) regarding Third Ave.

Schipper stated that they have not asked the OCRC about widening Third Ave.

Docter stated that the township has the ability to ask the OCRC to post “No Parking” signs on Third Ave. 

Toscano asked for clarification on the hours of operation. 

Smith stated that the hours would be 10:30 a.m. to 11:00 p.m. They have had people suggest that they have coffee from 6:00 a.m. to 7:00 a.m.  

Martin clarified that any change at a later date to hours of operation or the type of restaurant, etc. would require a change to the conditional zoning, so they should clarify what they want at this time. 

There was a discussion on conditional rezoning, intent and future changes, etc. 

Toscano asked for clarification on the ownership. 

Martin stated that before the property could be rezoned the township would have to see a legal document indicating that Maurice Springer and/or his wife have the legal authority to take action on the property.  

Szidik asked if the applicant had asked Holiday Haven about buying the “parking lot” in the back. 

Smith stated that he talked with Rog Bruins and was told that the property was not for sale. He stated that he wanted to go on record as saying that he is “not in cahoots with Holiday Haven”. 

Schipper stated that relying on a verbal answer from the DEQ on what you can do with a property in the flood plain is dangerous. This lot would have to have a storm water retention area. That would be difficult on a property this small.  

Docter stated that township trustee John VanIwaarden had received a conceptual plan of the Mt. Pisgah trailhead at his last county meeting and Smith’s proposal is fairly representative of that plan with similar elements in both. Also, there is no longer any talk of a parking lot at the trailhead. 

Toscano stated that he talked to John Shultz at the Ottawa County Parks and Recreation department and he had also made it clear that there is no parking lot planned for Mt. Pisgah. Shultz stated that the WMPA is involved in some of the design work for the master plan for the county and state areas. Toscano stated that the county and the state and the township all have their own ideas for what should happen in this area and because of that uniqueness he asked Schultz about the objectives of the Park 12 Plan. Schultz stated that they are 1) Maintaining the historic beach home neighborhood 2) Increasing the historic interpretation of the area, i.e. museums and interpretive kiosks 3) Mt. Pisgah trailhead and 4) Add waterfront boardwalk and access. Toscano stated that Shultz made no comment on this proposed project and was very neutral. 

Docter stated that he wanted the resolution and report that will be going to the township board to be amended to reflect three things 1) The public comment at this meeting 2) Clarification on points made in the rebuttal letter from Randall Schipper, attorney for the applicant and 3) The new voluntarily-offered written conditions and changed details given by the applicant in the amended application.  

There was a discussion on how to proceed.  

Szidik asked Davis for clarification on the state of the existing house and what it would take for someone to move into it. 

Davis stated that he does not know the state of the existing house. 

Szidik asked for a change to the wording of the report to clarify that it is not a known fact that the interior of the house is unlivable. He also wanted some clarification to the wording regarding the flood plain so that it shows that the PC is relying on information from the applicant regarding whether the property is in the flood plain or not.  

Arendshorst asked about any needed variances and what would happen if the variances were not granted.

Martin stated that one of the conditions of a rezoning would have to be the pursuit of variances. If the variances were not able to be granted based on not meeting practical difficulties then the conditional rezoning would not be valid and the property would revert to the original zoning.  

There was a discussion on variances on existing lots of record (Section 4.03.b of the Park Township Zoning Ordinance).  

Arendshorst asked Martin if this proposal had to meet all of the requirements of the C-2 zone. 

Martin stated that one of the benefits of conditional rezoning is that it does not, but only has to meet the requirements as listed in the conditions imposed.

Toscano stated that he spoke with Bruce Menery, environmental engineer in the Department of Flood Plain management at the DEQ. He stated that he did not ask him about this specific property. Mr. Menery stated that a “permit 31” would not be required to build a house on a property that is near Lake Macatawa and partially within the flood plain. A house could be built as long as the lowest floor is one foot above the flood plain elevation. Menery told Toscano that any use of fill would require FEMA approval. Toscano stated that he had researched the parcel records of this area on the county’s web site as to whether they had basements or they were built on slabs or crawl spaces. He stated that there are as many in this area with basements as without basements. He stated that he felt that based on his conversation with Menery regarding the flood plain issue someone working with the proper engineering and with FEMA and DEQ could build a house on this property. He stated that he had looked at the tax records for this property and stated that based on the SEV he felt that this property would be worth approximately $112,000 and thus concluded that perhaps this property is overpriced. 

Docter stated that he didn’t think that it was reasonable that anyone would buy this for their own home or for a rental property.

MOTION
A motion was made by Szidik and supported by Arendshorst to adopt the resolution and report denying the conditional rezoning. The prepared resolution and report to be amended to reflect the three items that Docter asked to be included and the two wording changes that Szidik asked for.  Said resolution and report will go to the township board as amended and does not need to return to the PC. 

Lampen asked for clarification on how the board can proceed if they want to look at it differently than the PC. 

Martin clarified that the township board has the final vote and has the option to ignore the PC recommendation and approve the conditional rezoning. He clarified that under the Michigan Zoning Enabling Act the township board is under no obligation to send the item back to the PC if they disagree with the PC recommendation.  

Lampen stated that he felt that however they vote it implicates the value of properties in the area. He stated that he feels it is important to remember that this is zoned R-3 and “Master Planned” R-3 but he can see both sides. This is a matter of preservation of the area but also of progress for the area. He reminded the PC that all over the country neighborhoods are including commercial ventures in them.  

Toscano stated that he was concerned with rezoning the property and what that would do for the trend of the entire area.

Docter stated that he was going to vote against the motion. He stated that there is a commercial lot next door and he felt that a commercial venture with conditions could fit into the neighborhood. He stated that he believes there is an historic element involved here and there were businesses here servicing this area in the past. Grand Haven is known nation wide with its commercial entities and board walk on one side and residential cottages on the other side of the street both on the way to a very popular beach. The proposed use is the most reasonable use for this lot. This could be a great addition to the community. Why would we want to have our residents and visitors travel into Holland Township to get something to eat or a cup of coffee? Conditional zoning allows this proposal to meet most of the “standards” for a rezoning.

Martin clarified that those standards are not in the ordinance or in the law. They come from case law. They are standards, not requirements.

Arendshorst stated that perhaps the application is premature. When the new master plan committee convenes this month perhaps the trend for this area will change.

Docter stated that the “NIMBY” (Not In My Back Yard) argument is not a valid reason to vote on something. It has to be based on other criteria.

VOTE

            Motion carried: 4-1 (Docter)           

ANNOUNCEMENTS 

MOTION

            A motion was made by Docter and supported by Arendshorst to adjourn at 8:32 p.m. 

VOTE

            Motion carried: 5-0 

Meeting adjourned. 

Sandy Brodie

Recording Secretary