Minutes
PLANNING COMMISSION MEETING
FRUITPORT CHARTER TOWNSHIP
5865 AIRLINE RD, FRUITPORT, MI 49415
August 18, 2020
7:00 PM BOARD MEETING
Meeting will be held virtually via Webex.com in order to fight the spread of COVID-19.
Information to access the meeting:
Website link:
https://meetingsamer4.webex.com/meetingsamer4/j.php?MTID=m9812d65084cd0664cfdedd15ac7466a5
Meeting number (access code): 1268122499
Meeting password: p9MdhagSa23 (79634247 from video systems)
BOARD MEETING
01. Roll Call: Matthew Farrar, Brett Suchecki, Jeff Jacobs, & Kyle Osterhart.
Staff: Heidi Tice & Jacob Mason.
02. Approval of Planning Commission Minutes: meeting July 21, 2020: Accepted as presented.
03. Approve / Amend Agenda: Accepted as presented.
04. Correspondence / Reports: Items in the packet include letters relative to the zone change request. Letter went out to Golls welding on the non compliance temporary sign. General consensus of the PC was to give Golls a choice between completing the sign or remove it from the site plan (which will require Golls to get PC approval of a new sign in the future).
Discussed frontage requirements for R-4. Clear consensus of the PC is that R-4 zoning requires a minimum of 300’ of road frontage…not 66’.
05. Public Comments pertaining to agenda topics: None were heard.
New Business
06. Public Hearing – PUD special use
Parcel – 61-15-122-100-009-50
Meijer Store #232 – additional electric car charging stations
Motion by Farrar supported by Jacobs to open public hearing.
Discussion ensued.
Motion by Farrar to close public hearing. Support by Suchecki. Roll call unanimous.
Motion to grant PUD amendment the Meijer PUD to include electric car chargers as shown on the site plant dated 4-20-2020. Support by Jacobs. Roll call unanimous.
1. The motion is made to grant the special use request for parcel number 61-15-122-100-009-50 for the following requested special use: additional electric car charging stations
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): Existing use does not change.
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/will not] change the essential character of the same area. This finding is based upon the following fact(s): existing stations on site.
c. The special use will not be hazardous or disturbing to existing or future uses. This finding is based upon the following facts: Existing approved 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 4-20-2020, 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.
f. A financial guarantee is required as allowed by Section 42-158(d) of the Zoning Chapter. The details of the financial guarantee are: None.
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: None.
07. PUD site plan revision – Additional electric car charging units
Parcel – 61-15-122-100-0009-50
Address: 5300 S Harvey St. Muskegon, MI 49444 Meijer Store #232
1. The motion by Osterhart is made to grant the planned unit development application for parcel number(s) 61-15-122-100-0009-50, for the proposed planned unit development known as Meijer additional car chargers.
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): Existing car charging stations on site.
c. The proposed planned unit development is consistent with and does promote the intent of the Zoning Chapter. 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.
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 4-20-2020, 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 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 planned unit development:
Motion was supported by Jacobs. Roll call unanimous.
Old Business
07. Site Plan – 2West 5542 S Dangl Fruitport, MI 49415
Parcel 61-15-124-300-0001-00
Purpose – Expansion of retail greenhouse
Motion by Jacobs to close public hearing, supported by Suchecki. Roll call unanimous.
1. The motion is made by Osterhart to grant the site plan request for parcel number(s) 61-15-124-300-0001-00
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): Site plan.
c. Special attention has been given to proper site surface drainage. Removal of stormwaters will not adversely affect neighboring properties. This finding is based upon the following fact(s): site plan.
e. Buildings or groups of buildings rearranged as to permit emergency vehicle access. This finding is based upon the following fact(s): 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 8-17-2020, 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. Handicap parking to meet ADA specifications and current codes.
–2. Remove small 241 x 48 greenhouse on the NW corner when building is complete.
–3. Plans submitted are to be dated 8-17-2020.
–4. Siding shall be board and batten.
Motion supported by Farrar. Roll call Unanimous.
09. Public Comments
10. Adjournment: Meeting adjourned at 7:50 p.m.
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.