MINUTES
PLANNING COMMISSION MEETING
FRUITPORT CHARTER TOWNSHIP
5865 AIRLINE RD
FRUITPORT, MI 49415
November 21st, 2017
6:30 PM WORK SESSION
7:00 PM BOARD MEETING
WORK SESSION
Continuing review of new zoning ordinances. Begin at 42-88.
No change to 42-88
42-89 D: table. Change gravel to “6” of finished compacted MDOT Aggregate. Eliminate 1100t and change 1.75 inches to “minimum 220# per square yard.” I, 1, add “or engineer of the township’s choosing” after the township engineer.
BOARD MEETING
Chair Michelli called the meeting to order at 7:05
01. Roll Call: Mike Michelli, Kyle Osterhart, Brett Suchecki, Geoff Newmyer, Matt Farrar, Jeff Jacobs, & Jason Franklin.
02. Approval of Planning Commission Minutes: October 17th, 2017: Motion by Osterhart to accept the minutes with changing the hours of operations of Item H to “8:00am to 7:00 pm. Motion was supported by Newmyer and carried.
03. Approve / Amend Agenda: Agenda was accepted as presented.
04. Correspondence / Reports: Supervisor Tice presented a request to extend its construction period by 6 months. This was granted by the Supervisor.
Tice also reported the status of the Hazekamp noise complaints. Supervisor Tice feels Hazekamp is in compliance with what the planning commission has approved.
05. Public Comments pertaining to agenda topics:
New Business
Motion by Newmyer, supported by Osterhart to open a public hearing. All in favor.
06. Public Hearing on Special Use / Site Plan – Hughes Builders / Journey Church
Parcel: 61-15-122-400-0020-10
Purpose: Build new House of Worship
Matt Lewis, 847 Torrie Circle. Robert Tusk 3279 east Laketon (Hughes Builders).
Dale McLain 5694 Quarterline requested to see a copy of the plans (Hughes Builders gave him a copy of the plans.
Kyle Osterhart:
1. Did not see the storm water calculations or topography on how the water will get to the retention pond.
2. Commented on the landscaping. Would rather see something other than grass in light of the fact that future development will be medium density residential. Would rather see more plantings.
3. Would like to see some sort of landscape/green area buffers between the development and the existing homes.
4. Ingress/egress: suggests looking at a combined curb-cut.
5. Exterior wal packet on the outside of the building but did not see any parking lot lighting. (Pastor Lewis stated most of the use will be during the day).
6. Utility plan: no public water? (There will be a well and a pump with a 20,000 gallon underground storage for domestic and fire suppression. Hughes stated that they will move the storage tank out from under the building structure.)
7. Exterior elevations: The proposed exterior elevations do not seem to blend into the area with other buildings in the area. Since this is a special use, the PC must be cognizant of esthetics. Recommends some architectural elements on south elevation. East elevation is 22’ of sold metal panel. The west elevation facing the road, the roof is also visible which makes for a lot of metal panel. The south elevation split face block looks very similar to the roof. Like to see difference colors in the steel and architectural elements and details to blend better with the immediate area, along with more landscaping.
Jeff Jacobs affirmed Osterhart’s comments and reiterated this area will be residential and supported more architectural elements and landscaping to better blend with current and future development. Because this is a special use, the PC must be aware of the appearance. Wants to see the storm sewer plan including flows, hydraulics, elevation, and the like.
Pastor Lewis stated they planned on leaving the high density forest in the 20’ buffer zone.
Franklin questioned how the water was to convey from the roof to the pond. Hughes stated it will be piped.
Jacobs prefers if changes are made and it comes back that it be approved by the Chair and Osterhart.
Dale is concerned with a landscaping/buffer between his house and the church. Also concerned with lighting bleeding over to his property.
Jacobs/Newmyer to close. Unanimous.
1. The motion is made by Jacobs to grant the special use request for parcel number(s) 61-15- 122-400-0020-10, for the following requested special use: Journey Church
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/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(s): ______________________________ _________________________________________________________________.
b. The special use [will/will not] 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): ___________________________________________________________ _________________________________________________________________.
c. The special use [will/will not] be hazardous or disturbing to existing or future uses. This finding is based upon the following facts: _______________________ _________________________________________________________________.
d. The special use [will/will not] 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(s): ________________________________________________ _________________________________________________________________.
e. The special use [will/will not] 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(s): __________________________________________________________________ _________________________________________________________________.
f. The special use [will/will not] create excessive additional requirements at public cost for public facilities and services and [will/will not] be detrimental to the economic welfare of the Township. This finding is based upon the following fact(s): ___________________________________________________________.
g. The special use [will/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(s): __________________________________________________________.
h. The special use [will/will not] be consistent with the intent and purposes of the Zoning Chapter. This finding is based upon the following fact(s): ____________ _________________________________________________________________.
i. Any other findings regarding any other factors established by the Zoning Chapter for the proposed special use: __________________________________________ _________________________________________________________________.
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, dated _______________, 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 ____ 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 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 financial guarantee is required as allowed by Section 42-158(d) of the Zoning Chapter. The details of the financial guarantee are: _______________________ _________________________________________________________________.
g. 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.
h. Any other conditions placed by the Township upon the special use, to be approved by the PC:
1. Applicant comes back to the PC with the following changes for approval before work begins.
2. Add architectural elements and breakups which can be a color change, design features on the north and west and south elevations suitable for the surrounding area.
3. Detailed water run off plan including roof and parking area including hydraulic calculations
4. Landscape plan that softens the look of the parking lot.
5. Detailed lighting plan.
6. Move suppression tank outside of the building footprint
7. Directional traffic signs shown on plan.
8. Pictures of the natural buffer between the neighbors’ homes,
9. Sign design (this can come back to the chair for approval at a later date).
Motion was supported by Farrar. Roll Call: Unanimous.
07. Site Plan Revision – Walid Jamal (IHOP) – Christian Cini (General Contractor)
Parcel: 61-15-122-100-0009-51
Purpose: Tenant Space Drive Thru
Christian Cini with Newco. Explained they want to add a drive thru to the building (IHOP). Add one window to the south elevation.
They will not lose any parking spaces.
1. The motion is made by Osterhart to grant the site plan request for parcel number(s) 61- 15-122-100-0009-51
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): site plan and building use.
e. Buildings or groups of buildings are arranged as to permit emergency vehicle access. This finding is based upon the following fact(s): Plan will be approved by the public safety department of Fruitport.
f. Every structure or dwelling unit does have access to a public street, walkway, or other area dedicated to common use. This finding is based upon the following fact(s): Site plan
i. Exterior lighting is arranged so that it is deflected away from adjacent properties and will not impede the vision of traffic along adjacent streets. This finding is based upon the following fact(s): site plan
j.
3. If the motion is to grant approval, the following conditions are established.
a. The development must comply with the site plan, dated 1-25-17, 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: Place internal drive thru signage to divert drive thru traffic shall be placed to the far west isle.
Supported by Newmyer. Roll call-unanimous
Old Business
None
08. Public Comments
09. Adjournment: 8:34
The township will provide necessary reasonable aids and services for this meeting to individuals with disabilities by writing or telephoning the Township Clerk: Andrea Anderson, Fruitport Charter Township, 5865 Airline Rd, Fruitport, MI 49415 (231) 865-3151.