Fruitport Township Planning Commission Meeting Minutes – 08/20/19



August 20, 2019
6:30 Work session

Work Session
Continue review of Ordinances starting at Sec. 42-255 (c)
42-257: Discussion on the performance guarantee and when the PC or Township Board or Zoning Administrator could require a PG. Current language appears gray or ambiguous. In new ordinance, can there be a statement the Township may ask for a PG at any time the project stops for a certain period or doesn’t meet a deadline.

Start at 42-270

BOARD MEETING: Chair Michelli called meeting to order at 7:04

01. Roll Call: Kyle Osterhart, Matthew Farrar, Jeff Jacobs, Mike Michelli, & Brett Suchecki.

02. Approval of Planning Commission Minutes: July 16, 2019: Motion by Michelli with clarification item 7(3)g, dumpster enclosure will be of like material as the building. Support by Suchecki. Unanimous

03. Approve / Amend Agenda: Chair accepted the agenda as presented.

04. Correspondence / Reports: Read letter from Greg Mason to Asmar Construction dated 8-13-19: Two letters from Supervisor Tice to TMC Ventures and the Public Safety Director.
Supervisor Tice has received calls on permits for fences and the fact that if there is a dispute, it is a civil matter. Discussed if the Township should require surveys prior to installation. PC will review fence ordinance at the next work session (42-74).

05. Public Comments pertaining to agenda topics: None were heard.

New Business
06. Public Hearing
Site Plan Review / Conditional Zone Change
Parcel:       15-111-200-0001-00
2875 Heights Ravenna Rd – Andy Mast Greenhouses

Motion by Osterhart, supported by Jacobs to open public hearing. Unanimous.

Dave Mast, 1534 Pannell Road, GR. Discussed plans on the site.

Discussion ensued. To move forward PC needs a contract zoning agreement. Developer will develop an agreement for contract zoning for PC to consider.

Called for additional public comment. None were heard. Mr. Mast asked what he can do with the property if the front is B-2. Discussion, no firm direction was given.

Motion by Osterhart to close public hearing. Supported by Farrar and carried unanimously.

Motion by Osterhart to table the contractual zone change. Support by Suchecki and carried unanimously.

The Chair will discuss with the Township attorney on the possibility for contract zoning.

Old Business
07. Public Hearing – Site Plan Review – 1879 E Sherman Blvd. Walmart
Parcel:              15-785-000-003-00
Purpose:          Approval of dedicated parking for pick-up

Motion by Jacobs to open public hearing. Supported by Suchecki and carried. Amy Miles discussed the project. Re-striping for pick up customers along with a canopy.

Cindy and Jeff Beckwith 1931 East Broadway asked what side of the building will this impact. Concerned with the neighborhood. Concerned with the fences, berms, and shipping containers. Feels semi-trucks should not be using the back entrances. Also concerned with the traffic on the road and crime. Overall the development is not well kept. Loud generator at Lowes.

Motion by Jacobs supported by Suchecki to close public hearing.

1. The motion is made by Osterhart to grant the site plan request for parcel number(s) 15-785-000-003-00

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): No change to 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): No change to existing layout.
–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): Walking path is for employees only.

3. If the motion is to grant approval, the following conditions are established.
–a. The development must comply with the site plan, dated 6-18-19, 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 1 year. 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, 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: NA

Motion supported by Suchecki and carried unanimously on a roll call vote.

08. Private Road Review – 4764 Farr Rd – Keith Skrabis
Parcel:           15-030-200-0012-00
Purpose:       Private road land split – Keith requests to table to next month

09. Public Comments
None were heard.

10. Discussion – Planning Commission Documents: No discussion.

11. Adjournment: 8:25

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.