PLANNING COMMISSION MEETING
FRUITPORT CHARTER TOWNSHIP
5865 AIRLINE RD
FRUITPORT, MI 49415
April 21, 2020
7:00 PM VIRTUAL BOARD MEETING
Will postpone until May Planning Meeting
01. Roll Call: Osterhart, Michelli, Farrar, Franklin, Jacobs, Suchecki, Newmyer
02. Approval of Planning Commission Minutes: March 17, 2020. Accepted as presented
03. Approve / Amend Agenda: Chair accepted as presented.
04. Correspondence / Reports. Letter to Michael Belt, Doron David, Andy Mast & Andrew Brooks. Supervisor reported the Sternberg “Hotels” have completed the items required to remove the site from a “dangerous building.” Chair reported the site plan has expired and they will need to come back to PC.
05. Chairman Michelli asked for but received No Public Comments pertaining to agenda topics
06. Zone Change Public Hearing – 6205 Walker Rd Fruitport, MI 49415
∙ Parcel – 61-15-126-100-0005-00
∙ Purpose – Change property zone from R-6 to R-1
Motion made by Suchecki to open a public hearing. Motion was supported by Franklin and carried unanimously.
Wade VandenBosch of Westshore Consulting. Developer has acquired an adjacent property on Walker Road. Developer proposes to add the acquired property to the PURD.
Chairman Michelli asked for but received No Public Comment.
Motion by Suchecki to close public hearing. Supported by Franklin and carried unanimously.
Motion by Osterhart to approve the following motion.
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 R-6 to R-1, be approved based upon the following criteria. The property in question includes the following parcel number(s): 61-15-126-100-0005-00
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: positive.
5. The requested rezoning would have the following effect on the market value of the property in question: positive.
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.
Motion was supported by Jacobs. Roll call: Unanimous.
07. PURD Site Plan revision Public Hearing – Odeno PURD – Sheridan Rd Muskegon, MI 49444
∙ Parcel – 61-15-126-100-0003-00
Motion by Jacobs to open public hearing. Supported by Suchecki carried unanimously.
Wade VandenBosch of Westshore Consulting. Purpose – Revision of site plan as follows: Zoning density for 118.26 acres 2.90 lots/acre results in 343 lots – Zoning density for 118.26 PURD 2.90 lots/acre results in 309 Lots. 50% reduction for existing wetlands. Total lots to be 276. Total land area = 118.26 acres. Total open space = 36.07 acres. Total open space = 30.5%
Proposing to add the newly acquired property into the PUD and remove “Phase 5”. Net decrease of 5 units. Increased open space.
Chairman Michelli asked for but received No Public Comment.
Motion by to close public hearing was made by Jacobs. Motion supported by Suchecki. Motion passed unanimously.
Motion made by Farrar to grant the PUD change.
1. The motion is made to grant the planned unit development application for parcel number(s) 61-15-126-100-0003-00, for the proposed planned unit development known as Odeno.
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/is not] consistent with and [does/does not] promote the intent of the Zoning Chapter. This finding is based upon the following fact(s): ___________________________________________________. –d. If the proposed planned unit development contains more than one type of use, the uses [are/are not] 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): __________________________________________________.
–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/are not] compatible with surrounding properties and properties within the proposed planned unit development. 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 planned unit development: ______________________________ _________________________________________________________________.
3. If the motion is to grant approval, the following conditions are established.
–a. The planned unit development must comply with the site plan, dated 3-31-20, 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 email@example.com, 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:
1. Contingent on the Township Board approving the zoning change to parcel 61-15-126-100-0003-00
2. 4 additional lots are to be included in phase I.
3. Only changes, in phases other than phase 1, include renumbering of the lots.
3. Removal of 9 lots from the originally approved PURD
4. Increased green space.
Motion was supported by Jacobs. Roll Call unanimous.
08. Chairman Michelli asked for but received No Public Comment.
09. Adjournment Meeting was adjourned at 7:41