Fruitport Charter Township Planning Commission Meeting–October 18, 2016

Regular Planning Commission Meeting Minutes

Regular Planning Commission Meeting
Fruitport Charter Township
5865 Airline Road

Date: October 18, 2016

Chairman Jacobs brought the meeting to order at 7:00 p.m.

01. Roll Call:
A. Members Present: Jeff Jacobs, Mike Michelli Jr., Randy Lee, Brett Suchecki, Kyle Osterhart, & Geoff Newmyer.
B. Members Absent: Chuck Whitlow.

02. Approval of the September 20, 2016 Special Planning Commission Meeting Minutes:
A. The minutes were accepted by Chairman Jacobs as presented.

03. Approve / Amend Agenda:
A. Motion by Michelli Jr. to amend item #6 to a Special Use with a Site Plan for Building Addition. Supported by Newmyer.
1. Ayes: All in favor.
2. Nays: None.

04. Correspondence / Reports: None.

05. Public Comments pertaining to agenda topics: None. Chairman Jacobs explained the Public Hearing Process

New Business:
06. Special Use: Varney’s Fab. & Welding LLC
Parcel: 61-15-027-200-0003-00
Purpose: Special Use and Site plan for building addition to be used for storage
A. Osterhart motioned to open the public hearing with support by Lee
–1. Ayes: All in favor.
–2. Nays: None.
B. Scott Varney & Dave Whitlow, owner of the parcel: They have existing pole barns and are looking to add on to an existing building. All of the buildings are currently pole barn buildings with metal siding.
C. The new materials will match the existing materials.
D. All site lighting will remain on site.
E. Jacobs said the outside storage has to be moved inside. Scott said all outside materials will be stored inside as part of this project.
F. Osterhart suggested shifting the building two foot to the south (if possible) because it would then meet our ordinance because it would provide a break in the façade.
G. Osterhart motioned to close the public hearing with support by Newmyer.
–1. Ayes: All in favor
–2. Nays: None

1. Motion made by Michelli Jr. to grant the special use request for parcel 61-15-027-200-0003-00 for the following requested special use: building addition for storage.

2. The motion is based upon specific findings by the Township relative to the factors specified in Section 42-157 of the Zoning Chapter.
a. The special use will not be harmonious with and in accordance with the general objectives or with any specific objections of the Master Plan. This finding is based upon the following fact: Pre-Existing.
b. The special use will be designed, constructed, operated, and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity, and it will not change the essential character of the same area. This finding is based upon the following fact: Varney’s Fab and Welding is pre-existing and new addition matches existing.
c. The special use will not be hazardous or disturbing to existing or future uses. This finding is based upon the following facts: Pre-Existing.
d. The special use will be a substantial improvement to property in the immediate vicinity and to the Township as a whole. This finding is based upon the following fact: It moves the outside storage inside and improves safety.
e. The special use will be served adequately by essential public facilities and services, or have them adequately provided by the applicant; facilities and services include highways, streets, police and fire protection, drainage structures, refuse disposal, and schools. This finding is based upon the following fact: Pre-Existing.
f. The special use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the Township. This finding is based upon the following fact: Pre-Existing.
g. The special use will not involve uses, activities, processes, materials, and equipment and conditions of operation that will be detrimental to any persons, property, or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare, or odors. This finding is based upon the following fact: Pre-Existing.
h. The special use will be consistent with the intent and purposes of the Zoning Chapter. This finding is based upon the following fact: Pre-Existing.
i. Any other findings regarding any other factors established by the Zoning Chapter for the proposed special use: None.

3. If the motion is to grant approval, the following conditions are established as authorized by Section 42-158 of the Zoning Chapter.
j. The special use must comply with the site plan, dated 9/9/2016, submitted to the Township, as well as any written material submitted by the applicant to the Township.
k. The special use must comply with all federal, state, and Muskegon County laws, rules, regulations, and requirements.
l. The special use must be acquired, developed, and completed in conformance with the Zoning Chapter, as amended, and the rest of the Fruitport Charter Township Code of Ordinances.
m. The construction of the special use must be completed within 1 year. This deadline may be extended by the Township, without going through the entire application process, upon request by the applicant and evidence showing that the applicant is proceeding in good faith toward completion.
n. If the special use approval is contingent upon public water service or public sanitary sewer service or both being provided, then no construction of the special use may begin until all required easements are in place, all required forms have been completed, and all approvals for service have been obtained.
o. A financial guarantee is required as allowed by Section 42-158(d) of the Zoning Chapter. The details of the financial guarantee are: None.
p. A digital copy of the site plan as approved shall be provided to the Fire Inspector at, or such other e-mail address as the Fire Inspector may designate.
q. Any other conditions placed by the Township upon the special use:
–a. South wall to be offset 2’-0” from existing building.
–b. Lighting to remain on-site.
–c. No outside storage.

4. Supported by Lee.
r. Roll Call:
–a. Ayes: Michelli Jr., Lee, Newmyer, Osterhart, Suchecki, & Jacobs.
–b. Nays: None.

07. Site Plan: Vandermale Builders Inc. (owner – Hackett)
Parcel: 61-15-135-400-0064-00
Purpose: Site Plan for Private Road – Willis Drive
1. Brandon Simon, Nederveld Engineering, is speaking on behalf of Vandermale Builders. The plan is a realignment of an existing drive. The purpose is the owner wants to create a private entrance to his house while providing separate access to neighboring properties. There is adequate fire access within the drives. All utilities will be placed underground instead of overhead. All slopes are at or below 10%.
2. There will be a private road maintenance agreement for all residences served. Hackett has set himself up as the maintainer of the property.

B. Motion made by Michelli Jr. to approve the information provided by the Zoning Administrator with the following conditions:
1. The maintenance agreement is subject to the approval by the township attorney.

C. Supported by Lee.
1. Roll Call:
–a. Ayes: Michelli Jr., Lee, Newmyer, Osterhart, Suchecki, & Jacobs.
–b. Nays: None.

Unfinished Business:
08. New Ordinance Review: No discussion.

09. Public Comments:
A. Steve VerMerris, 3983 Woodlawn Street:
–1. Would like the board to consider backyard chickens in an R-1 district. It seems to be the trend with neighboring communities and he feels like it would be beneficial for Fruitport.
–2. Supervisor Werschem said it’s currently restricted & that he will get some neighboring ordinance language on the matter for us to review.
–3. The planning commission was open to the idea.

B. Werschem said all municipalities are now required to do rental inspections. We need to take a look at the language of rental inspections in the Ordinance.

10. Adjournment: There being no further discussion, the meeting was adjourned at 7:53 p.m.

Respectfully Submitted,
Kyle D. Osterhart, Secretary