PLANNING COMMISSION MEETING
FRUITPORT CHARTER TOWNSHIP
5865 AIRLINE RD
FRUITPORT, MI 49415
December 18, 2018
6:30 PM WORK SESSION
7:00 PM BOARD MEETING
Continue review of ordinances
-Start at 42-220, 10. Ended at 42-226, E1
BOARD MEETING: Call to order at 7:03
01. Roll Call: Kyle Osterhart, Mike Michelli, Matthew Farrar, Brett Suchecki, Jeff Jacobs & Geoff Newmyer. Staff Present Kim Morse, Supervisor Tice, & Jacob Mason.
02. Approval of Planning Commission Minutes: November 20, 2018. Chair Michelli accepted the minutes as presented.
03. Approve / Amend Agenda: Chair Michelli accepted the agenda as presented.
04. Correspondence / Reports: None.
05. Public Comments pertaining to agenda topics:
06. Site Plan Review– Township of Fruitport/Sheringer Park
Special Use/Public Hearing
Purpose: Approval for improvements
Motion by Newmyer support by Jacobs to open a public hearing. Motion carried unanimously.
Mr. Ken Hulka, Parks Director for Fruitport Township, outlined the project and its phases. Currently all fields and main parking lots are done. The secondary parking is gravel. Work remaining is the concessions, play area, and perimeter landscaping. Discussion ensued relative to the timing and phasing of the project. Concern was expressed relative to mandating a timeline as the Township may not have the funds to complete the project.
Mr. Richard Monroe 3292 Sheringer Road. Stated the park needs to have access off Mark Street to alleviate traffic on Sheringer.
Mrs. Debbie Monroe 3292 Sheringer Road, stated she was told there would be a second access off Mark Street and it has not happened. Does not like the dirt piles in the park that children are playing on. Feels the Township has not done what it said it would do. Has had to call 911 due to cars driving on the soccer fields.
Mr. Rick Tice 63 S. 8th Avenue. States it is irresponsible to gravel a road in the fall. Money should have been saved and used in the spring along with a grant.
Jeff Wright 3586 Plain Street. He was told a few years back that the drive off Mark would not go through and could be a hazard to children in that neighborhood. States he was not informed of the improvements in the park from the beginning. Wants to know when the citizens will see the plans. Had to put up a fence on his property to keep people out.
Mrs. Cindy Hickman, 3680 South Dangl. Stated she was informed there would be a second access. Sheringer and Dangl is very busy. She asked where the money went from clearing the trees.
Gary Prebil 3524 Plain Street. Concerned about traffic flow onto Mark Street. Are people allowed to park on the side street?
Steve Hickman3680 S. Dangl. Last fall 6 kids jumped on the fence and were throwing rocks at his dogs. Also climbing on dirt mounts. Concerned for their safety. Request to be notified when this is considered later.
Motion by Osterhart support by Jacobs to close public hearing. Motion carried unanimously.
Motion was made by Osterhart to table the Sheringer Soccer Park improvements. Motion was supported by Suchecki. Roll call vote was unanimous.
07. Site Plan Review – Muskegon Autopark LLC
Special Use/Public Hearing
Purpose: Site plan approval
Motion by Farrar to open a public hearing. Motion was supported by Newmyer and carried unanimously.
Richard Craig 25 S Division Grand Rapids. Site lighting will be LED. Will provide photometrics to staff for approval.
PC needs to see what building is proposed. Want to see the dumpster enclosure and what material it will be made of. Drive ok at the center of the center lot. Signage needs to be on the print including details. Need building elevations.
Motion by Newmyer to close public hearing. Motion was supported by Osterhart and carried unanimously.
Motion by Osterhart to grant the special land use.
1. The motion is made to grant the special use request for parcel number(s) 15-122-300-0002-30, 15-122-300-0002-40, & 15-122-300-0002-50 for the following requested special use: Muskegon Autopark LLC.
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): Site Plan. Neighbor is a dealership.
–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): Site plan. Generally commercial use in this area.
–c. The special use will not be hazardous or disturbing to existing or future uses. This finding is based upon the following facts: 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): Public facilities in place with capacity.
–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): Use type.
–g. The special use 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): Site plan and use.
–i. Any other findings regarding any other factors established by the Zoning Chapter for the proposed special use:
Provide photometrics to staff for approval.
PC needs to see what building is proposed. Want to see the dumpster enclosure and what material it will be made of. Drive ok at the center of the center lot. Signage needs to be on the print including details. Need building elevations
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 12-18-18, 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: _______________________ _________________________________________________________________.
–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 special use: Provide photometrics to staff for approval by SA and PC Chair.
PC needs to see what building is proposed. Want to see the dumpster enclosure and what material it will be made of. Drive can be generally centered in the center lot. Signage needs to be on the print including details. Need building elevations and landscape plan. All to be approved by the PC ZA Chair.
Motion supported by Suchecki. Roll call vote was unanimous.
08. Site Plan Modification – Platinum Pines
Purpose: Amend Site Plan
Gary Smith stated there were some concerns with timing on some of the improvements: dumpster and sidewalks. Plan on starting the final building in spring of 2019. Development agreement requires the project be complete in 2018 which was not executed. Exterior finishes were not built as approved. Discussion followed. Members discussed forgoing the stone on the front of the building that was approved but vinyl installed. Discussed consistency and recent practice with other developments. Lengthy discussion ensued.
A motion was made by Suchecki to table this issue and give the developer time to propose alternate site improvements for the PC consideration at its January meeting in lieu of culture stone that was originally approved by the PC and not installed. Motion was supported by Newmyer and carried. Roll call 4 ayes, 1 nay.
09. Business Registration Ordinance: Public Safety Committee is reviewing the proposed ordinance.
10. Site Plan Review Modification – Chandy Acres East 2239 Mt. Garfield Rd.
Purpose: Modification of approved site plan under section 42-226
11. Public Comments: Bob Swanson 3272 Mt. Garfield. Wants to add-on to a garage to a residential property that is on commercially zoned property. Garage is already non-conforming because it is too close to a property line. He was advised to take this issue to the ZBA.
12. Adjournment: Meeting was adjourned at 10:09 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:
Fruitport Charter Township
5865 Airline Rd, Fruitport, MI 49415