Regular Planning Commission Meeting
Fruitport Charter Township
5865 Airline Road

Date: February 19, 2019

Work Session: 6:30 p.m. to 7:00 p.m.:
– 42-228: (a) and (d): Add ‘The applicant is responsible for the cost of this meeting’.
– 42-232: (a), Add (6): Add ‘A copy of all maintenance agreements shall be provided’.
– 42-231: (d), Add (and Planning Chair) after Zoning Administrator.
– Next P.C. Meeting Work Session to start at 42-250.

Chairman Michelli Jr. brought the regular planning commission meeting to order at 7:00 p.m.
01. Roll Call:
A. Members Present: Mike Michelli Jr., Kyle Osterhart, Brett Suchecki, Jason Franklin, Geoff Newmyer, & Jeff Jacobs.
B. Members Absent: Matt Farrar.
C. Others Present: Heidi Tice, Supervisor; Kim Morse, Township; Jacob Mason, Michigan Township Services.

02. January 15, 2019 Regular Planning Commission Meeting Minutes:
A. Approved as presented.

03. Approve / Amend Agenda:
A. Approved as presented.

04. Correspondence / Reports:
A. A letter regarding the bicentennial notice with Crockery Township was provided.

05. Public Comments pertaining to agenda topics: None.

New Business

06. Public Hearing on Zoning Text Amendment Ordinance
Purpose: Solar Ordinance
A. Motion to open the public hearing by Jacobs with support by Newmyer.
–1. Ayes: All in favor.
–2. Nays: None.

B. Daniel Tabor, 5859 Chandonnet. It was not available online and would have preferred if it were so the public has access to it.

C. Motion to close the public hearing by Osterhart with support by Jacobs.
–1. Ayes: All in favor.
–2. Nays: None.

D. Motion by Jacobs to recommend to the Township Board the Zoning Text for Solar Energy with support by Newmyer.
–1. Ayes: Jacobs, Newmyer, Suchecki, Franklin, Osterhart, Michelli
–2. Nays: None.

07. Site Plan Review – Storms Ahead Kennel
Parcel:           #15-027-200-0001-10
Purpose:       Site Plan Adjustment for Special Use
A. Eric Raha, Raha Builders. In 2012 they provided a site plan to the planning commission that was review and approved.

B. Suchecki asked how close the closest house is and Raha responded several hundred yards.

C. Raha said it is R4 & the use is to remain the same. The kennel license from previous use is to remain the same and there will not be a growth in animals that are kenneled.

D. Fire Department provided correspondence that the new building and site is to meet all current codes and regulations and the site plan does not provide that information. Raha said the intention is to comply with their requests. The fire department is to review the driveway and provide the requirements.

E. Janet Rehfus, 6911 Mount Garfield, Nunica. The property owner & currently holds the license for the kennel.

F. The motion is made to grant the site plan request by Newmyer, supported by Suchecki, for parcel number(s) #15-027-200-0001-10

G. The motion is based upon specific findings by the Township relative to the factors specified in Section 42-224 of the Zoning Chapter.
–1. 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: The existing use is to remain.
–2. Buildings or groups of buildings are arranged as to permit emergency vehicle access. This finding is based upon the following fact: The fire department is to review and approve.
–3. Any other findings regarding any other factors established by the Zoning Chapter for the site plan: The site plan & building are required to be approved by the Fire Department.

H. If the motion is to grant approval, the following conditions are established.
–1. The development must comply with the site plan, dated 12/11/19, submitted to the Township, as well as any written material submitted by the applicant to the Township.
–2. The development must comply with all federal, state, and Muskegon County laws, rules, regulations, and requirements.
–3. 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.
–4. The development must be completed within 1 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.
–5. 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.
–6. 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.
–7. Any other conditions placed by the Township upon the site plan approval: The site plan and building are required to be approved by the Fire Department.

I. Roll Call:
–1. Ayes: Newmyer, Suchecki, Franklin, Jacobs, Osterhart, & Michelli.
–2. Nays: None.

OLD BUSINESS

08. Zone Change – North Ottawa Community Hospital – Public Hearing
Parcels:      #15-134-100-0001-00
∙                    #15-134-100-0002-00
∙                    #15-134-100-0004-00
Purpose:    Re-zone to match Township Master Plan – Commercial/B2
A. No new information was provided.
B. Motion to continue to table the zone change request by Osterhart, support by Newmyer.
–a. Roll Call: All in Favor.

09. Site Plan Review – Township of Fruitport Sheringer Park
Parcel:         #15-112-100-0040-00
Purpose:     Approval For Improvements
A. Jacobs reported his discussion with the township attorney:
–a. The PC could make an order of projects completed recommendation to the township board and the Township Board would be required to follow that order.
–b. The PC could set a timeframe for the projects to be completed in but the township is not required to complete it if it is not possible.
–c. The only way we could limit the use of the fields is if we have an ordinance that specifies the parking requirement, so we would not be able to limit the field use.
–d. Any recommendation the planning commission makes would be to the township board.

B. Jacobs suggested before the PC makes any motion the residents should be notified of the public meeting.

C. Motion by Jacobs to continue to table the site plan review with support by Suchecki.
–a. Roll Call: All in Favor.

10. Site Plan Modification – Platinum Pines
Parcel:       #15-127-100-0009-00
Purpose:   Amend Site Plan
A. Gary Smith, 15100 Hickory, Spring Lake. Brought plans that show the increase in the height of the actual stone and removing some of the vinyl stone that is currently on it. Also brought documents showing progress of dumpster enclosure and a note from the paving company that it is on the schedule.

B. Motion by Suchecki to approve the site plan modification for Platinum Pines. 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): the revised elevations provided, dated 2/13/19, meet the intent of the original submittal.
–b. Supported by Franklin

C. Roll Call:
–a. Ayes: Suchecki, Franklin, Newmyer
–b. Nays: Michelli, Jacobs
–c. Abstain: Osterhart.

11. Site Plan Modification – Chandy Acres East 2239 Mount Garfield Road
Parcel:         #61-15-127-2000-0007-40
Purpose:     Modification of previously approved site plan under section 42-226
A. Daniel Tabor, 5859 Chandonnet. Wanted to get a sense of where it is in the planning process. They have started back up and started clearing trees. Daniel was provided the site plan at the meeting to review. Daniel tried to contact the Drain Commission to find out where is it at and they didn’t provide any information.

B. No new information presented.

C. Motion to continue to table the modification by Jacobs, support by Newmyer.
–1.Roll Call: All in favor.

12. Public Comments:
A. Anthony Davis, Westwind Construction. He would like to get the Motion Dynamics site plan to the planning commission through a special meeting and suggested it is urgent.
B. Chris Witham, Motion Dynamics. Questioned why the shared drive has to have a maintenance agreement? Jacobs responded that two properties share the drive and to protect future owners and the township, there needs to be a maintenance agreement.
C. The P.C agreed 8 a.m. on February 27, 2019 will be the special meeting.

13. Discussion:
A. Planning Commission Documents:
–1. Kim Morse provided Zoning Protocol Documents. There are many inefficiencies in the submittal process that she would like to P.C. to review. The P.C. is to review the documents and make comments for the next meeting.

14. Adjournment: There being no further discussion, the meeting was adjourned at 8:45 p.m.

Respectfully Submitted,
Kyle Osterhart, (Acting) Secretary / Vice Chairman