MINUTES
PLANNING COMMISSION MEETING
FRUITPORT CHARTER TOWNSHIP
5865 AIRLINE ROAD
FRUITPORT, MI 49415
SEPTEMBER 19, 2017
6:30 P.M. WORK SESSION
7:00 P.M. BOARD MEETING
BOARD MEETING
Chair Michelli called the meeting to order at 7:04
1. Roll Call: Geoff Newmyer, Jeff Jacobs, Mike Michelli, Kyle Osterhart, Brett Suchecki, & Matthew Farrar
2. Approval of Planning Commission Minutes: August 15, 2017 : Chair Michelli accepted the minutes as presented.
3. Approve/Amend Agenda: Chair set the meeting agenda as presented.
4. Correspondence/Reports. None.
5. Public comments pertaining to agenda topics. No comments were heard.
NEW BUSINESS
6. Public Hearing on Special Use-Andrew McClain (Nick Halter, Gen. Cont.)
Parcel: 61-15-115-200-0019-00
Purpose: Hair salon within residence
Motion support by Jacobs/ Newmyer to open a public hearing.
Nick Halter 7157 Quimby. Wants to put a hair salon in a new house on 2310 East Hile.
Days and hour of operations are Tuesdays and Thursdays. Hours will be 10 a.m. to 8 p.m. There will be no signs and parking will be in front of the garage.
No other comments were heard. Motion and support by Jacobs/Newmyer to close public hearing. Unanimous.
Motion by Osterhart
1. The motion is made to grant the special use request for parcel number, 61-15- 115-200-0019-00 for the following requested special use: hair salon.
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 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(s): it complies with the Ordinance
–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/will not] change the essential character of the same area. This finding is based upon the following fact(s): It meets intent.
3. If the motion is to grant approval, the following conditions are established as authorized by Section 42-158 of the Zoning Chapter.
–a. The special use must comply with the site plan, Presented to the Planning Commission submitted to the Township, as well as any written material submitted by the applicant to the Township.
–b. The special use must comply with all federal, state, and Muskegon County laws, rules, regulations, and requirements.
–c. 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.
–d. 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.
–e. 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.
–f. A digital copy of the site plan as approved shall be provided to the Fire Inspector at brian.michelli@mcd911.net, or such other e-mail address as the Fire Inspector may designate.
–g. Any other conditions placed by the Township upon the special use: Days of operations are Tuesday’s and Thursdays 10 am to 8 pm. No signs are permitted.
Motion was supported by Newmyer. Roll call vote was unanimous.
7. Site Plan-Holiday Inn/Marriott Suites
Parcel: 61-15-122-300-0004-00 & 61-15-122-300-0005-00
Purpose: Revise site plan for hotel(s) development
Justin Longstreth of Moore & Bruggink, Inc. spoke on behalf of the development and outlined the development and answered questions from the Commission.
Motion by Osterhart
1. The motion is made to grant the site plan request for parcel number(s) 61-15- 122-300-0004-00 & 61-15-122-300-0005-00
2. The motion is based upon specific findings by the Township relative to the factors specified in Section 42-224 of the Zoning Chapter.
–a. All elements of the site plan are harmoniously and efficiently organized in relation to topography, the size and type of lot, the character of adjoining property and the type and size of buildings. The site will not impede the normal and orderly development or improvement of surrounding property for permitted uses. This finding is based upon the following fact(s): fits the master plan
–b. Special attention has been given to proper site surface drainage. Removal of storm waters will not adversely affect neighboring properties. This finding is based upon the following fact(s): Drainage has been provided.
–c. A pedestrian circulation system which is insulated as completely as reasonably possible from the vehicular circulation system is provided. This finding is based upon the following fact(s): Sidewalks are provided
3. If the motion is to grant approval, the following conditions are established.
–a. The development must comply with the site plan, dated 9-12-17, submitted to the Township, as well as any written material submitted by the applicant to the Township.
–b. The development must comply with all federal, state, and Muskegon County laws, rules, regulations, and requirements.
–c. The development 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.
–d. The development must be completed within 2 years. 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.
–e. If the site plan approval is contingent upon public water service or public sanitary sewer service or both being provided, then no construction of the development may begin until all required easements are in place, all required forms have been completed, and all approvals for service have been obtained.
–f. A digital copy of the site plan as approved shall be provided to the Fire Inspector at brian.michelli@mcd911.net, or such other e-mail address as the Fire Inspector may designate.
–g. Any other conditions placed by the Township upon the site plan approval: None
Motion was supported by Suchecki. Roll call vote was unanimous.
8. Public Hearing on Zoning Text Amendment Ordinance
Purpose: Keeping of Animals Ordinance
Motion was made by Osterhart and supported by Newmyer to open public hearing. Voice vote was unanimous.
Emilia Marshal 1077 Shonat, Muskegon spoke in support of an ordinance that would allow her having chickens.
Raven Vallee 2658 Height Ravenna asked why only four hens were allowed.
Ashton Buxton 1755 Judson Road inquired about the ordinance impact on rabbits. Asked how to change her property to R4
Dallas Latch 1755 Judson Road asked if this included R6.
Jacobs/Suchecki to close public hearing…unanimous.
A motion was made by Osterhart to recommend to the Board the zoning text amendment ordinance, Keeping of Animals with the following changes:
Special use will include R1 to R5. The permitted side only includes R6. Minimum lot for first animal will go to 1 acre with the additional will be .1 acre.
Animals other than house pets of the owner of the premises are kept or allowed outside, a fence of such construction as to keep such animals from leaving the premises at will shall be provided and regularly maintained; no horses or livestock will be allowed in any platted sub-division.
Add section E to read “Exterior slaughter or processing of any animals except for a completely enclosed building is prohibited.”
The motion was supported by Newmyer and carried 5 to 1.
OLD BUSINESS
Commission discussed the rental ordinance. Suggest provide a disclaimer on the rental inspection form that would make clear the items on the form are not all inclusive for health and safety items. Other items were suggested by the Commission to staff. The Commission does not want rental inspections to go beyond health and safety.
9. Public Comments
10. Adjournment: Chair Michelli adjourned the meeting at 8:30