MINUTES
PLANNING COMMISSION MEETING
FRUITPORT CHARTER TOWNSHIP
5865 AIRLINE RD
FRUITPORT, MI 49415
MARCH 20, 2018
6:30 PM WORK SESSION
7:00 PM BOARD MEETING
WORK SESSION
Continue review of ordinances: Table of uses:
Stop at 42-151: Table will be attached when complete.
BOARD MEETING
Chair called meeting to order at 7 p.m.
01. Roll Call: Mike Michelli, Kyle Osterhart, Brett Suchecki, Geoff Newmyer, Matthew Farrar, Jeff Jacobs, & Jason Franklin. Staff present, Jacob Mason, Lela Miller, & Supervisor Tice.
02. Approval of Planning Commission Minutes: February 20, 2018. Motion to approve the minutes by Osterhart with the addition of the correspondence reported by Supervisor Tice. Support by Jacobs and carried unanimously.
03. Approve / Amend Agenda: Accepted as submitted
04. Correspondence / Reports: Supervisor Tice reported the letter received by Crockery Township dated February 6, 2018.
05. Public Comments pertaining to agenda topics:
New Business
06. Public Hearing-Zone Change Paul J (Jamie) Kosch
7046 S. Quarterline
Parcel: 61-15-134-400-0003-00
Purpose: Rezone from R-4 to R-6
Motion by Jacobs, supported by Jacobs to open the public hearing. Unanimous.
Jamie Kosch 7046 Quarterline: Purchased house one month ago. Currently R-4 and Jamie wants to change to R-6 so to put a home on the front of the property. The Lot is currently 1.95 acres.
Pat Gillette 7119 Quarterline: want to know the plan for the existing house. Chair stated that is not the issue before the PC. Jacobs explained that if the change to R6 is approved, it will allow for one split only.
Mark Gillette, 1765 Judson: stated they are wasting their breath talking to us because it’s part of the future master plan. The only reason he opposes is he lives out there because to keep away from houses and neighbors.
Richard Archambeau, 2034 Judson: Asked if this applied to the entire area or the parcel in question,
Mike Wisniewski 2027 Judson: he moved there for agriculture and to raise horses and this request will prevent him for future agricultural and farm use. If we change this there will be houses everywhere and there is too much traffic on that road.
Lori Wisniewski, 2027 Judson: Has a pool and if there are more neighbors they will complain. Sewer will need to be above the ground and “he” is too close to build a house up out of the groundwater. It was explained that there are setback rules that anyone will have to abide by.
Linda Johnson, 7082 Quarterline: If a drive comes off Quarterline, south of Judson, who pays to upgrade the road? Private Road ordinance states all homeowners would have to agree to upgrade and pay for the road.
Motion by Jacobs to close the public hearing. Support by Newmyer and carried.
Motion by Osterhart, support by Jacobs to pass the following resolution. Roll call unanimous.
I. RESOLUTION
The Planning Commission recommends to the Township Board that the proposed rezoning, to rezone the land generally described in the Notice of Public Hearing, and more specifically described in the proposed Zoning Map Amendment Ordinance be approved, based upon the following criteria. The property in question includes the following parcel number(s): 61-15-134-400-0003-00.
II. CRITERIA
1. The requested rezoning will not result in spot zoning.
2. The requested rezoning will not be inconsistent with the surrounding property.
3. The property does have to be rezoned in order to be reasonably used.
4. The requested rezoning would have the following effect on surrounding property less non-conforming and fits with the master plan.
5. The requested rezoning would have the following effect on the market value of the property in question: no effect.
6. The requested rezoning would be consistent with the general trend of future building and population growth in the area.
7. The requested rezoning would be consistent with the Master Plan.
07. Site Plan Review & Special Use– Konstance Tariske 4759 Airline Road
Parcel: 61-15-115-300-0010-00
Purpose: Child care/daycare expansion
Site Plan
Motion by Jacobs supported by Newmyer to open the public hearing. Unanimous.
Konstance Tariske 4759 Airline Road
Wants to take over and combine the middle unit between the two units in the strip. Which would alleviate safety issues relative to child movement.
Motion by Jacobs supported by Newmyer to close the public hearing. Unanimous.
1. The motion is made by Osterhart supported by Newmyer to grant the site plan request for parcel number(s) 61-15-115-300-0010-00
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): Site plan. Expansion of existing use.
–e. Buildings or groups of buildings are arranged as to permit emergency vehicle access. This finding is based upon the following fact(s): existing/no change
3. If the motion is to grant approval, the following conditions are established.
–a. The development must comply with the site plan, dated 3-20-18, 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
Special Use
1. The motion is made to grant the special use request for parcel number(s) 61-15-115-300-0010-00 for the following requested special use: Child care/day care expansion
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): Expansion of existing.
–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(s): Existing no change
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 3-30-18, 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 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 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.
–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.
Motion was supported by Newmyer and carried unanimously on a roll call vote.
Old Business
07. Site Plan Review & Special Use – 2963 Hts. Ravenna Rd.
Parcel: 61-15-293-000-0001-00
Purpose: Smokehouse/General Store and Seasonal Outdoor Market
No discussion or action taken.
09. Public Comments
10. Adjournment. Chair adjourned the meeting at 8:30 p.m.
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.