MINUTES
PLANNING COMMISSION MEETING
FRUITPORT CHARTER TOWNSHIP
5865 AIRLINE RD
FRUITPORT, MI 49415
August 21, 2018
6:30 PM WORK SESSION
7:00 PM BOARD MEETING
WORK SESSION
Discussion begin on section 42-160 stopped at 42-210
BOARD MEETING
Called to order at 7:02
01. Roll Call: Chair Michelli, Newmyer, Jacobs, Suchecki, Osterhart, Farrar & Franklin. Staff: Supervisor Tice, Jacob Mason.
02. Approval of Planning Commission Minutes: July 17, 2018, 2018. Accepted as presented
03. Approve / Amend Agenda: Osterhart/Newmyer to add correspondence from Drain Commission Moore. Unanimous
04. Correspondence / Reports: Letter from the US DOI relative to the Little River Band of Ottawa Indians was received.
Brenda Moore, Drain Commissioner: Discussed the new stormwater regulations. Commissioner expressed concerns over communications with development relative to stormwater.
05. Public Comments pertaining to agenda topics.
New Business
06. Business Registration Ordinance. No discussion.
07. Site Plan Review – PCR Properties
Parcel: 61-15-300-0003-00
Purpose: Site plan revision-Add Loading Dock
Representative from Port City described the loading dock. Item tabled until engineered plans are provided. Jacobs/Osterhart m/s carried.
08. Site Plan Review – Chestnut Fields Retirement Village
Parcels: 61-15-122-400-0018-00
• 61-15-122-400-0018-10
• 61-15-122-400-0018-20
• 61-15-122-400-0018-80
Purpose: PUD Revision
Dennis Johnson spoke on behalf of Chestnut Fields. Mr. Johnson presented the drawings and proposed new layout of the entire development.
1. The motion is made Osterhart to grant the planned unit development application for parcel number(s)
• 61-15-122-400-0018-00
• 61-15-122-400-0018-10
• 61-15-122-400-0018-20
• 61-15-122-400-0018-80
______________________________________________________________, for the proposed planned unit development known as Chestnut Fields Retirement Village
2. The motion is based upon specific findings by the Township relative to the factors specified in Section 42-486 of the Zoning Chapter.
–a. The proposed planned unit development is consistent in all respects with the preliminary development plan approved by the Township Board, including any conditions imposed on the preliminary development plan approval. Changes in any of the following features of the planned unit development shall require resubmittal of a revised preliminary plan for review by the Planning Commission and the Township Board:
(1) Addition of uses different from those included in the preliminary plan;
(2) Increases in the size, height, or number of buildings;
(3) For a residential development, any increase in the number of dwelling units; and
(4) Any change deemed by the Planning Commission to be inconsistent with the preliminary plan previously approved by the Planning Commission and the Township Board.
–b. The proposed planned unit development conforms with the policies, goals, guidelines, and recommendations concerning land use, vehicular access and circulation, pedestrian circulation, building placement and design, landscaping, signage, and amenities contained in the Master Plan, and any sub-area plan which has been adopted by the Planning Commission as an element of the Master Plan. This finding is based upon the following fact(s):Site Plan
–c. The proposed planned unit development is consistent with and does promote the intent of the Zoning Chapter. This finding is based upon the following fact(s): Site Plan
–d. If the proposed planned unit development contains more than one type of use, the uses are arranged in a manner, and with use of appropriate types of buffers, to result in no adverse impacts of one use upon another, and to create a logical relationship of one use to another. This finding is based upon the following fact(s): Site Plan
–e. The proposed planned unit development is compatible with surrounding uses of land, the natural environment, and the capacities of affected public services and facilities. This finding is based upon the following fact(s): Site Plan
–f. The proposed planned unit development is consistent with the public health, safety, and welfare of the Township. This finding is based upon the following fact(s): Site Plan
–g. The proposed planned unit development has safe and efficient ingress and egress, with particular reference to pedestrian safety and convenience, traffic flow, and control and access in case of fire or other emergency. This finding is based upon the following fact(s): Site Plan
–h. The design and placement of buildings and other structures, parking, lighting, signs, refuse storage, landscaping, and other elements of the proposed planned unit development are compatible with surrounding properties and properties within the proposed planned unit development. This finding is based upon the following fact(s): Site Plan
–i. Any other findings regarding any other factors established by the Zoning Chapter for the proposed planned unit development:
3. If the motion is to grant approval, with the following conditions are established.
–a. The planned unit development must comply with the site plan, dated 7-17-2018, submitted to the Township, as well as any written material submitted by the applicant to the Township.
–b. The planned unit development must comply with all federal, state, and Muskegon County laws, rules, regulations, and requirements.
–c. The planned unit 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 conditions of the planned unit development, including a performance guarantee, shall be set forth in an agreement between the Township and the applicant which complies with Section 42-487 of the Zoning Chapter.
–e. The time limit for the planned unit development must comply with Section 42-489 of the Zoning Chapter.
–f. If the planned unit development approval is contingent upon public water service or public sanitary sewer service or both being provided, then no construction of the planned unit development may begin until all required easements are in place, all required forms have been completed, and all approvals for service have been obtained.
–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 planned unit development: Provide the Chair and Supervisor a drawing of the proposed carport(s) and additional garages that are constructed for approval. Sidewalk connection from the south of Byerly road to the north side of unit 1 with a crosshatch to connect to sidewalk across Darley to connect to walk way on west side Darley. Changes to the shades of cottages to be approved by the Chair. Include a phase 7 for the 20 units along Sternberg. Show utilities to cottage #1.
Motion was supported Jacobs. Unanimous roll call
1. The motion is made by Osterhart to grant the site plan request for parcel number(s)
• 61-15-122-400-0018-00
• 61-15-122-400-0018-10
• 61-15-122-400-0018-20
• 61-15-122-400-0018-80
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/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
–b. The landscape [will/will not] be preserved in its natural state, insofar as practicable, by minimizing tree and soil removal, and by topographic modifications which result in maximum harmony with adjacent areas. This finding is based upon the following fact(s): ______________________________ _________________________________________________________________.
–c. Special attention has been given to proper site surface drainage. Removal of stormwaters will not adversely affect neighboring properties. This finding is based upon the following fact(s): Site Plan
–d. The site plan [will/will not] provide reasonable visual and sound privacy for all dwelling units located therein. Fences, walks, barriers, and landscaping [will/will not] provide appropriate protection and enhancement of property and privacy of its occupants. This finding is based upon the following fact(s): ______________
_________________________________________________________________.
–e. Buildings or groups of buildings are arranged as to permit emergency vehicle access. This finding is based upon the following fact(s): Site Plan
–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
–g. 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): Site Plan
–h. All loading and unloading areas and outside storage areas, including areas for the storage of trash, which face or are visible from residential districts or public thoroughfares [are/are not] screened by a vertical screen consisting of structural or plant materials no less than six feet in height. This finding is based upon the following fact(s): ___________________________________________________ _________________________________________________________________.
–i. Exterior lighting [is/is not] 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): ______________________________ _________________________________________________________________.
–j. Any other findings regarding any other factors established by the Zoning Chapter for the site plan: ____________________________________________________ _________________________________________________________________.
3. If the motion is to grant approval, the following conditions are established.
–a. The development must comply with the site plan, dated 7-17-2018, 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 the phasing plan submitted in the PUD. 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: ______ _________________________________________________________________.
Motion Supported by Newmyer. Roll call unanimous.
09. Site Plan Review/Revision-Motion Dynamics
Parcels: 61-15-124-300-0011-00
• 61-15-124-300-0016-00
• 61-15-124-300-0017-00
• 61-15-124-300-0018-00
Purpose: Addition
Jim Malinowski, Chris Witham, Tom Joyner, Greg Olezuk and spoke on behalf of Motion Dynamics. Greg outlined the project as represented in the site plan.
Osterhart disclosed his company provided elevations. General consensus was he is not to be recused.
1. The motion is made by Farrar to grant the site plan request for parcel number(s)
• 61-15-124-300-0011-00
• 61-15-124-300-0016-00
• 61-15-124-300-0017-00
• 61-15-124-300-0018-00
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 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
–b. The landscape will be preserved in its natural state, insofar as practicable, by minimizing tree and soil removal, and by topographic modifications which result in maximum harmony with adjacent areas. This finding is based upon the following fact(s): Site Plan
–c. Special attention has been given to proper site surface drainage. Removal of stormwaters will not adversely affect neighboring properties. This finding is based upon the following fact(s): Site Plan
–d. The site plan [will/will not] provide reasonable visual and sound privacy for all dwelling units located therein. Fences, walks, barriers, and landscaping [will/will not] provide appropriate protection and enhancement of property and privacy of its occupants. This finding is based upon the following fact(s): ______________ _________________________________________________________________.
–e. Buildings or groups of buildings are arranged as to permit emergency vehicle access. This finding is based upon the following fact(s): Site Plan
–f. Every structure or dwelling unit [does/does not] have access to a public street, walkway, or other area dedicated to common use. This finding is based upon the following fact(s): ___________________________________________________ _________________________________________________________________.
–g. A pedestrian circulation system which is insulated as completely as reasonably possible from the vehicular circulation system [is/is not] provided. This finding is based upon the following fact(s): _______________________________________ _________________________________________________________________.
–h. All loading and unloading areas and outside storage areas, including areas for the storage of trash, which face or are visible from residential districts or public thoroughfares are screened by a vertical screen consisting of structural or plant materials no less than six feet in height. This finding is based upon the following fact(s): Site Plan
–i. Exterior lighting [is/is not] 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): ______________________________ _________________________________________________________________.
–j. Any other findings regarding any other factors established by the Zoning Chapter for the site plan: ____________________________________________________ _________________________________________________________________.
3. If the motion is to grant approval, the following conditions are established.
–a. The development must comply with the site plan, dated 1-19-18, 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
Motion Supported by Newmyer and carried unanimously on a roll call.
Old Business
09. Site Plan Review Modification – Chandy Acres East 2239 Mt. Garfield Rd.
Parcel: 61-15-127-2000-0007-40
Purpose: Modification of approved site plan under section 42-226
No action taken, continue to table.
10. Public Comments: None
11. Adjournment: Chair Michelli adjourned the meeting at 8:45
~
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.