PLANNING COMMISSION MEETING
FRUITPORT CHARTER TOWNSHIP
5865 AIRLINE RD
FRUITPORT, MI 49415
March 19, 2019
6:30 PM WORK SESSION
7:00 PM BOARD MEETING
BOARD MEETING
01. Roll Call: Geoff Newmyer, Matthew Farrar, Kyle Osterhart, Jason Franklin, Brett Suchecki.
Staff: Supervisor Tice, Jacob Mason.
02. Approval of Planning Commission Minutes: February 19, 2019; No comments accepted as presented.
03. Approval of Planning Commission Minutes: Special Meeting February 27, 2019; No comments, vice chair Osterhart accepted as presented.
04. Approve / Amend Agenda: Accepted as presented.
05. Correspondence / Reports: None
06. Public Comments pertaining to agenda topics. None were heard
07. Discussion: Proposed ordinance amendment prohibiting marihuana establishments
New Business
Old Business
08. Zone Change- North Ottawa Community Hospital
Parcel/s: 15-134-100-0001-00
∙ 15-134-100-0002-00
∙ 15-134-100-0004-00
Purpose: Re-zone to match Fruitport Township’s master plan: Commercial/B-2
Motion by Suchecki, support by Newmyer to table this item. Unanimous
09. Site Plan Review– Township of Fruitport/Sheringer Park
Parcel: 15-112-100-0040-00
Purpose: Approval for improvements
Newmyer: Disposition of the sand piles? Mr. Hulka is trying to move some of the sand piles once the weight restrictions are removed.
Suchecki: are the walk ways completed? Not yet, will be at some point.
Osterhart: Outlined the options before the PC. Requested more trees between the park and residential homes. Phase I landscaping is excellent. Restrooms, trails, parking, and fields need to be completed.
Suggested the following priorities:
1 Parking
2 Landscaping
3 Restrooms
4 Traffic Pattern: that does not include outletting into the residential area to the north.
Farrar: No comments.
Karen Johnson stated the soccer club pays for portable restroom.
A motion was made by Farrar to grant the special use request for parcel number(s) 15-112-100-0040-00 for the following requested for a soccer park.
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 not be hazardous or disturbing to existing or future uses. This finding is based upon the following facts: Existing use & Site Plan
–d. The special use will 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): Existing use and site plan.
–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): Site plan.
–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 07-06-11, 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 as funding becomes available. 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: NA
–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: Begin with landscaping in the buffer areas between the park and residential dwellings.
Motion was supported by Newmyer:
Roll Call yes, Farrar, Suchecki, Newmyer, & Osterhart.
No: Franklin.
10. 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
Dan Taber 5859 Chandonnet. Has concerns about the CAE. States pond has not received approval of the drain commissioner, concerns with the land division, North third of the retention pond will be parceled off. Also wants to make light there was a bunch of trees cleared over the past two months without an approved site plan. Concerned about a separate HOA. Is against having separate entities in the proposed development.
Dan Larabel AEH Byron Center Michigan: AEH has reverted to the original. One master deed and one site condo. Drain commissioner has approved the current storm water. Is clearing more trees for retention capacity. A 433 drain agreement is recorded.
Dan: Why was the tree clearing started prior to site plan approval. It was explained by the vice chair. PC was concerned with the retention done without approval, the numbering system, and the like. What AEH has submitted addresses these concerns. Dan feels the process has been not been followed and that work has been ongoing without PC approval.
Farrar: The PC was concerned with these things as well but they have been addressed.
Dan S: How deep is the pond, Dan L: 22 feet deep. The new size of the retention has eliminated lot A.
Osterhart: Overall, the changes made from the previous site plan have improved greatly. Does not like the large retention pond but that is what the County is doing everywhere. The numbering system is improved…more consistent neighborhood.
Bob Haren 5968 Chandonnet: The other pond is 30’ deep.
Matt Brink 2192 Colbert. Is the new pond private.
1 The motion is made by Farrar to grant the site plan request for parcel number(s)
61-15-127-2000-0007-40
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.
–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 storm waters will not adversely affect neighboring properties. This finding is based upon the following fact(s): Storm water plan has been approved by the MCDC
–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 approved by the FTFD
–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/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/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 11-1-18, 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.
Supported by Osterhart.
Roll Call: Yes. Newmyer, Farrar, Osterhart.
No Franklin & Suchecki.
11. Public Comments
3292 Sheringer Road. Will there only be one exit off Sheringer. Wants to open an outlet Mark Street and does not want a second curb cut off Sheringer.
12. Adjournment: Meeting adjourned at 8:57.
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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.