Fruitport Township Planning Commission Meeting Minutes – 12/19/17



December 19, 2017


Continue review of ordinances.42-92, B 1, Change “Ag Agricultural” to “R-4, R6, or the R-1”. Next week start at 42-93.


Chair Michelli called meeting to order at 7:01.

01. Roll Call: Chair Michelli, Kyle Osterhart, Brett Suchecki, Jason Franklin, Geoff Newmyer, Matthew Farrar, Jeff Jacobs. Staff present, Lela Miller, Supervisor Tice, & Jacob Mason.

02. Approval of Planning Commission Minutes: December 6th, 2017. Motion by Jacobs to accept the minutes as changed. Support by Franklin and carried.

03. Approve / Amend Agenda: Agenda accepted by the chair as presented

04. Correspondence / Reports: Chair Michelli referenced the memo from Lesli Lehner relative to the noise ordinance violation alleged. The PC prefers to let the problem be solved rather than change an ordinance to regulate garbage pick-up times. Board discussed the issue on Pleasantwood that was brought to the PC’s attention in July of 2017 relative to trailers which a resident views as trailer blight. All trailers are in compliance and registered. There is no prohibition against utility trailers in the yard. The PC does not wish to change the ordinance to prohibit utility trailers in the front yard.

05. Public Comments pertaining to agenda topics: None.

New Business 

06. Special Use / Site Plan – LRBOI / All Seasons RV
Parcel: 61-15-115-300-0026-00
Purpose: Storage of non-motorized recreational vehicles

Motion by Osterhart, supported by Newmyer to open public hearing.

Ed Geerlings 4701 Airline Road. Stated they wanted to lease Tribal land to store non- motorized RV’s. The RV’s will be fenced in and stored on existing pavement. They proposed to use 30,000 square feet of the property. This would be overflow of duplicate models so customers would not be on the site. The stored units would not have gas or batteries in them until they are moved across the street.

Motion by Jacobs, supported by Newmyer to close the public hearing. Unanimous.

1. The motion is made by Osterhart to grant the special use request for parcel number 61-15-115-300-0026-00 for the following requested special use:

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 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): No additional requirements from the Township.

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(s): storage for business only and no public or customers will be brought to the site

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 11-13-17, 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, or such other e-mail address as the Fire Inspector may designate.

h. Any other conditions placed by the Township upon the special use: New models only.

Motion was supported by Jacobs. Roll call vote was unanimous.

Old Business 

Motion was made by Jacobs to amend the agenda to include the Journey Church to old business #8.. The motion was supported by Suchecki and carried. 6-1.

08. PC discussed the Journey Church SLU. Staff handed out updated plans from the Consultant/Contractor. General consensus was they met the intent of the elevation changes requested by the PC.

A motion was made by Jacobs to approve the site plan, dated 12-15-17 as submitted. The motion was supported by Newmyer. Motion carried 5-2.

09. Public Comments

10. Adjournment: Chair Michelli adjourned the meeting at 8:20.

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.