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OSHTEMO CHARTER TOWNSHIP

TOWNSHIP BOARD

August 22, 2000


                                
?                THE CHARTER TOWNSHIP OF OSHTEMO
                     Township Board Meeting
                        August 22, 2000
                                
The Oshtemo Township Board held its regular meeting at the Township Hall. The meeting was
called to order by Supervisor Fleckenstein at 7:00 p.m.

PRESENT:
Supervisor Ron Fleckenstein
Clerk Deb Everett
Treasurer Lois Brown
Trustee Norm Anderson
Trustee Marvin Block
Trustee Dave Bushouse
Trustee Fred Johnson

Also present was Mike Ortega, Township Attorney, Marc Elliott, Township Engineer, Jodi
Stefforia, Planning Director, Wilfred Dennie, Planning Commission Chairman and 11 interested
people.

Supervisor Fleckenstein advised the Board there would be no Receipts and Disbursements report
as there had been no activity since the Board meeting on August 15th.   He further advised that
Items 8 and 9 had been removed from the agenda for further review.

Motion  made by Block, seconded by Johnson, to approve the minutes of the August 15th
meeting.  Carried.  

                       CITIZENS COMMENTS
Kadir Mohmand, 6417 Old Log Trail, read a statement asking if the Board used Township funds,
property or equipment in the assistance of or opposition to a candidate for Township office in the
August 8th Primary.  He further commented on a rumor the Township recently purchased a paper
shredder and asked that records for the primary or relating to the sale of Township property on
Stadium Drive not be shredded.  (Copy filed in Supplement to Minutes)

    REZONING REQUEST - SOUTH 11TH ST - SECTION 25 - R-2 TO C
Chairman Dennie presented a recommendation from the Planning Commission for the rezoning
of 1.2 acres of the former AT&T right-of-way in Section 25 be rezoned from R-2 to C.  The
property is owned by the Kalamazoo Area Christian Retirement Association and would be leased
to Cannnaan Properties for use as a parking area for the medical facility located at 2490 South
11th Street.  The Planning Commission is recommending approval as the request is supported by
the Master Land Use Plan, the parcel cannot be developed, and it would not negatively affect
adjoining properties.  It was further noted that the entire right-of-way is not proposed for the
rezoning and a 50 foot buffer would be provided for the adjacent properties.  

Treasurer Brown commented it appears to be friendly to where we already have commercial and
utilizes property that otherwise would not be in an already well developed area and the 50 foot
barrier is appreciated.  She felt the Planning Commission conducted a good study on this item.

Supervisor Fleckenstein inquired if the 50 foot buffer is zoned Ag-Rural.  Mr. Dennie advised
the right-of-way itself is not zoned, therefore, the default zoning is whatever the adjacent
property was zoned when the right-of-way came into existence, in this case R-2.  

Planning Director Jodi Stefforia advised the Board the center 50 feet of the right-of-way has a
deed restriction prohibiting construction of any structures, therefore the buffer is actually 113 feet
for the adjacent properties.   

Motion made by Block, seconded by Anderson to set the rezoning request for First Reading on
September 12th.  Carried.

 REZONING REQUEST - STADIUM DRIVE - SECTIONS 34 & 35 - AG TO C
Chairman Dennie presented a recommendation from the Planning Commission for the rezoning
of the rear acreage of five parcels on the south side Stadium Drive west of 8th Street,  from AG-
Rural to C.

He explained when the initial request was received, it included eight parcels, which have split
zoning, along the south side of Stadium Drive west of 9th Street.   The Planning Commission
tabled the request since work was in process on the proposed village commercial text.  When the
boundaries of the new district were defined, it did not extend beyond the Village Focus Area,
therefore the five parcels addressed in the recommendation are not proposed to be included the
proposed village commercial district.  


Mr. Dennie advised the Planning Commission recommendation for rezoning the five parcels is
based on the fact that even though the Master Land Use Plan calls for this area to be Ag-Rural,  it
was felt the Ag-Rural zoning in this area is inappropriate given the location between industrial to
the west, commercial to the north, the village to the east and the AT&T right-of-way to the south
would be a natural barrier for land further south.  He further noted  that as currently zoned with
660 feet of  frontage being commercial, it could not develop in the spirit of the MLUP which
calls for avoiding strip commercial development, which is what would likely happen.  Enlarging
the commercial  zoning to the AT&T right-of-way would allow for interior streets causing more
orderly development to occur.  The Planning Commission further felt additional commercial
zoning in this area would not negatively impact traffic,  public utilities or density; commercial
zoning could be viewed as expansion and not spot zoning and this request would not stimulate
further requests as it is insulated on all sides.  They also felt given the direction of the Village
Focus Area, this rezoning  would allow a stepping down from industrial to the village area and is
not an attempt to add to commercial vacant land but to make proper use of land in a situation that
is unique.  

Trustee Bushouse questioned why all the parcels with AG zoning were not being considered for
rezoning at this time.  Mr. Dennie explained the remaining parcels fall within the Village Focus
Area and would be part of the proposed village commercial and able to develop under those
conditions, and the applicant concurred.  

Clerk Everett asked if the parcels in the Village Focus Area would be able to develop without
rezoning as commercial since they would be part of the proposed village commercial district. 
Ms. Stefforia advised village commercial would be a new zoning classification and would
include those remaining parcels.  She further advised the public hearing on this proposed new
district will be September 14th and properties in the district will be noticed. 

In response to questions from Clerk Everett and Treasurer Brown, Mr. Dennie advised the parcel
which would now have the rear acreage zoned commercial and the remaining acreage in the
proposed village commercial, could be developed as part of the Village Focus Area or the rear
acreage could be combined with the frontage commercial and developed as such.  

Motion made by Anderson, seconded by Block to set the rezoning request for First Reading on
September 12th.  Carried.
                                
                     BOARD MEMBER COMMENTS
Clerk Everett reminded all about the 3rd Annual Oshtemo Fun Day, this Saturday, August 26th.   
The Township Office will again be holding a pancake breakfast with proceeds to the Kalamazoo
Humane Society.  The Fire Department will also be participating with equipment displays and
activities.
                          ********** 
Trustee Bushouse advised anyone wishing to volunteer for the dunk tank is welcome to do so.

There was no further business and the meeting was adjourned at 7:45 p.m.




DEBORAH L. EVERETT                              Attested: RON FLECKENSTEIN
Township Clerk                                            Supervisor