MINUTES
PLANNING COMMISSION MEETING
FRUITPORT CHARTER TOWNSHIP
5865 AIRLINE RD
FRUITPORT, MI 49415
May 21, 2019
No Work Session only Meeting
7:00 PM BOARD MEETING
BOARD MEETING
01. Roll Call: Geoff Newmyer, Matthew Farrar, Mike Michelli, Kyle Osterhart, Jeff Jacobs, & Brett Suchecki. Staff: Supervisor Tice, & Jacob Mason
02. Approval of Planning Commission Minutes: April 16, 2019: Chair accepted as presented.
03. Approve / Amend Agenda: Chair accepted as presented.
04. Correspondence / Reports: Chair Michelli read the correspondence and reports.
05. Public Comments pertaining to agenda topics: No comments were heard.
New Business
06. Site Plan Review – 2770 E Sternberg Rd
Parcel: 15-123-100-0035-00
Purpose: Approval of new storage building
Dave Markgraf 2800 East Sternberg stated he wants to build a commercial building behind a home he owns. Supervisor Tice stated DPW Director has no issues. Discussion ensued.
1.0 The motion is made by Newmyer to grant the site plan request for parcel number(s). 15-123-100-0035-00
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/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 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 storm waters 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
–i. Exterior lighting is 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): Site plan and special conditions
3. If the motion is to grant approval, the following conditions are established.
–a. The development must comply with the site plan, dated 4-5-19, 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: 1) Dumpster location to be approved by the Fire Marshall. 2) trees planted in the back, 3) front façade to meet ordinance and to be approved by the Chair and include canopy over entry doors, 2) signage to meet current ordinance, 3)screening to block light to the building to the west, & 4) dumpster enclosure to match building and be approved by the Supervisor and Chair.
Motion was supported by Jacobs. Roll call, 5 yes, 1 no
07. Public Hearing & Zone Change – 2034 Judson Rd
Parcel: 15-134-200-0013-00
Purpose: Rezone subject land from R-4 to R-6
Motion Jacobs support Newmyer to open public hearing. Roll call unanimous
Steve Vallier, with Westshore representing the property owners. Requesting change from R4 to 6. States area does not conform to r4 currently as properties do not have the minimum 5 acres or frontage. R6 is more compliant with what is already there in the neighborhood. This will allow the lot in the back to have access to Judson and be developable. This will make the lot conforming and the dwelling less non-conforming.
Richard R Archambeau 2034 Judson stated the lot was larger when he bought it.
He is not opposed to the rezone.
Motion to close public hearing made by Farrar and supported by Suchecki unanimous.
Motion made by Jacobs to pass the following resolution. Motion was supported by Newmyer. Carried unanimously.
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, from R4 to R6, be approved, based upon the following criteria. The property in question includes the following parcel number(s): 15-134-200-0013-00
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 not have to be rezoned in order to be reasonably used.
4. The requested rezoning would have the following effect on surrounding property values: minimal
5. The requested rezoning would have the following effect on the market value of the property in question: substantial
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
08. Public Hearing & Site Plan revision – Arby’s 1757 E Sherman
Parcel: 15-900-251-1210-00
Purpose: Site Plan Adjustment for Special Use
Motion by Newmyer supported by Osterhard to open public hearing. Carried unanimously.
Jason Potter 1811 4 mile road. GR. Arby is doing a national rollout project. This is a forced remodel. Site has building issues which has forced the remodel to move up.
All changes are decorative and repairs. Will lose 82 square feet.
Motion was made by Osterhart to close public hearing. Supported by Suchecki. Roll call unanimous
1. The motion is made by Osterhart to grant the special use request for parcel number(s) 15-134-200-0013-00
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): ________Update façade with approved materials.
–f. The special use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the Township. This finding is based upon the following fact(s): existing 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 4-24-19, 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.
–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:
Motion was supported by Newmyer. Motion carried unanimously.
09. Public Hearing & Site Plan revision- Pin Crest Lanes 6751 Airline Rd.
Parcel: 15-125-400-0027-00
Purpose: Site Plan Adjustment for Special Use
Motion made by Farrar supported by Osterhart to go into public hearing. Unanimous.
Amy Cohoon 13962 Garfield Street Spring Lake. Site plan proposal to fence in south lawn and install walk up area and improve façade and kitchen area.
Mrs. Cohoon outlined the changes made to date future plans.
No other
Motion to close public hearing made by Newmyer supported by Farrar and carried.
1. The motion is made by Farrar to grant the special use request for parcel number(s) 15-125-400-0027-0 0for 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 n 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: _______________________ _____________________________________________Improve existing use____________________.
—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): ___________________________________________________________.
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 4-25-19, 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.
–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: Panic hardware required on all gates.
Supported by Suchecki. Unanimous.
10. Public Hearing & Site Plan/use revision – Dust & Vac Maid Service – 5232 Airline Rd.
Parcel: 15-123-100-0018-00
Purpose: Site Plan review for change of use to a special use
Motion by Farrar supported by Osterhard to open public hearing supported by Osterhart. Unanimous
Sheila Prenger 281 3rd avenue. Wants to move her business 5232 Airline Road. Business is a change of use so current code is required.
Motion by Farrar to close public hearing supported by Newmyer. Unanimous.
1. The motion is made by Osterhart to grant the special use request for parcel number(s) 15-123-100-0018-00
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): Consistent with surrounding area.
–b. The special use will 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 not change the essential character of the same area. This finding is based upon the following fact(s): Elevation to remain the same.
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 11-25-09, 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.
–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: Provide 20’ access around building for public safety. Since this is a change of use, and must meet current code for the intent of the new use.
Support by Suchecki. Unanimous.
Old Business
11. Public Hearing on Zoning Text Amendment Ordinance
Purpose: Prohibit all recreational marijuana establishments in all zones within Fruitport Charter Township
Motion by Suchecki to open a public hearing. Supported by Osterhart and carried unanimously.
No public comments were made.
Motion by Newmyer supported by Osterhart to close public hearing. Unanimous
Motion by Osterhart to recommend the amendment to the Board. Support by Newmyer. Unanimous roll call.
12. Public Comments: None
13. Discussion – Planning Commission Documents: No discussion
14. Adjournment: Chair adjourned at 9:15
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.