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OSHTEMO CHARTER TOWNSHIP

ZONING BOARD OF APPEALS

December 18, 2000

Agenda

HOPE WOODS FOR SENIORS - SITE PLAN REVIEW - 5749 STADIUM DRIVE - (PARCEL NOS. 3905-25-330-021, 25-330-040, AND 25-330-030)

CRYSTAL CAR WASH - SITE PLAN AMENDMENT - 6775 WEST MAIN STREET - (PARCEL NO. 3905-14-305-016)

A meeting was conducted by the Oshtemo Charter Township Zoning Board of Appeals on Monday, December 18, 2000, commencing at approximately 3:00 p.m. at the Oshtemo Charter Township.

MEMBERS PRESENT: Thomas Brodasky, Chairperson
Millard Loy
David Bushouse
Sharon Kuntzman
Ted Corakis

MEMBERS ABSENT: None

Also present were Jodi Stefforia, Planning Director, Mary Lynn Bugge, Township Planner, and Patricia R. Mason, Township Attorney, and three other interested persons.

CALL TO ORDER

The meeting was called to order at 3:03 p.m.

MINUTES

The Board considered the minutes of the meeting of December 4, 2000. Ms. Kuntzman moved to approve the minutes as submitted, and Mr. Loy seconded the motion. The motion carried unanimously.

HOPE WOODS FOR SENIORS - SITE PLAN REVIEW - 5749 STADIUM DRIVE - (PARCEL NOS. 3905-25-330-021, 25-330-040, AND 25-330-030)

The Board considered the application regarding Hope Woods for Seniors for a site plan review of a proposed 150-unit assisted living facility at 5749 Stadium Drive. The subject property is located in the "R-4" Residence District zoning classification and is Parcel Nos. 3905-25-330-021, 25-330-040, and 25-330-030. The subject facility would be on approximately eight acres. The Report of the Planning and Zoning Department is incorporated herein by reference.

Ms. Stefforia stated that the subject site consists of three parcels. Currently two houses exist on the site. All buildings currently on the property would be removed, and the parcels combined. The subject property was rezoned from the "R-3" Residence District to the "R-4" Residence District zoning classification at the preceding Township Board meeting. The rezoning was consistent with the Master Land Use Plan. The access point to the property would be located opposite of West Michigan Avenue's intersection with Stadium Drive. This would be consistent with the Access Management Guidelines. It was noted that the subject access point is subject to approval by the Kalamazoo County Road Commission.

One hundred fifty-one (151) spaces were shown on the plan to serve the subject facility. The parking proposed would be consistent with the requirements of the Michigan State Housing Development Authority of one parking space per unit and would comply with the Township's proposed parking requirement.

There was a discussion of area uses. Ms. Stefforia discussed the proposed landscaping plan (L2) which indicated that the site would be landscaped consistent with the new landscaping provisions of the Zoning Ordinance. The Township Staff indicated that it found the proposed landscaping acceptable with the switching of six canopy trees for evergreens along the Stadium Drive frontage.

Ms. Kuntzman expressed concern with the amount of parking provided. She noted that the Planning and Zoning Report indicated four to six employees. Ms. Kuntzman stated that her parents had been in similar facilities, and the number of employees greatly exceeded four to six. She noted that at least four people worked in the kitchens of these facilities.

Mr. Corakis noted that the drive would be across from what is now known as Venture Drive rather than Michigan Avenue.

Dan Gilford was present on behalf of the applicant. He stated that it was correct that four to six employees was an under-estimation. He believed there would be between 25 and 28 employees. Ms. Stefforia stated, that under the proposed parking provisions, the parking as suggested by the applicant would still be sufficient in that it required one for every two beds and one for each employee.

In response to a question from Mr. Corakis, Mr. Gilford stated that the site would be served by a "shuttle" for residents to get back and forth. They would not necessarily need to rely on public transportation. Mr. Corakis suggested that the applicant consider adding a sidewalk along Stadium Drive in case residents of the facility wish to "go for a walk". The applicant stated that they would look at this proposal, but would refer to have walkways on the interior of the site for resident recreation. The applicant indicated that there would be an access/walkway from the street to the circular portion of the drive if permitted by the Kalamazoo County Road Commission for a bus drop-off/pick-up area.

He noted that any sign would be in keeping with the setback provisions of the Ordinance.

In response to questions from Mr. Loy, there was discussion of the existing vegetation on the site. The applicant indicated that the area was not heavily wooded, but that there is some natural vegetation. The applicant would be attempting to retain some pockets of trees as indicated on the Tree Preservation Plan. The applicant suggested additional trees in the area where the drive would be "going in".

Mr. Loy had questions with regard to the location of the service area/dumpsters. It was indicated that these would be placed to the right of the center entry/cul-de-sac.

Mr. Corakis asked about the storm water retention area, and the applicant indicated that it would be shallow, and it would not need to be fenced.

The Chairperson asked for public comment, and Paul Vlachos stated that his firm owns property to the east. He had wondered if the applicant would be retaining trees on the east, and it appeared to him that this area would include mostly new plantings. He expressed some concern about the carports and the distance of those carports from his property line. The applicant's representative believed that they would be approximately 35 feet from the edge of the carport to the property line. Mr. Vlachos indicated that he had no basic problem with the project, and the applicant indicated that they would be willing to work with neighboring property owners.

After further discussion of proposed landscaping, Ms. Stefforia indicated that the landscaping as proposed by the applicant exceeds the new landscaping requirements on the east side.

The public hearing was closed.

The Chairperson and Mr. Corakis indicated satisfaction with the proposed plan. Mr. Corakis stated that he would like to encourage the applicant to add sidewalks along Stadium Drive. Ms. Kuntzman expressed concern about parking. There was discussion of the Park Village assisted living facility which has four buildings and 35 spaces. Mr. Loy stated that he believed that development had taken place under different parking standards. The applicant indicated that there was some area on site which could be converted to parking in the future if necessary.

Mr. Bushouse stated that he was not worried about parking in that the applicant/management would take care of the problem if they received enough complaints. However, he did agree that the applicant should be encouraged to put in a sidewalk along Stadium Drive. He indicated that he would also like to see a place for a bus stop. Mr. Loy indicated that he would also be pleased if the applicant would voluntarily place sidewalks along Stadium Drive.

Ms. Kuntzman moved to approve the site plan with the following conditions, limitations and notations:

(1) That the access point/driveway is subject to the review and approval of the Kalamazoo County Road Commission.

(2) That site lighting comply with the provisions of Section 78.700 of the Zoning Ordinance.

(3) That any signage comply with Section 76.000 and be reviewed and approved through the permit process.

(4) That site landscaping be consistent with the revised landscaping plan to be reviewed by the Planning and Zoning Department and subject to their approval. The plantings shown for Stadium Drive frontage should be modified. Six of the proposed evergreen trees should be switched to canopy trees.

(5) That the site plan is subject to the review and approval of the Township Fire Department and the conditions imposed thereby.

(6) That the site plan is subject to the review and acceptance by the Township Engineer that site engineering is adequate.

(7) That the Environmental Permits Checklist and Hazardous Substance Reporting form have been completed and are on file with the Township.

(8) It was noted further as to landscaping that the applicant was to retain as many trees on site as was possible.

Mr. Loy seconded the motion, and the motion carried unanimously.

CRYSTAL CAR WASH - SITE PLAN AMENDMENT - 6775 WEST MAIN STREET - (PARCEL NO. 3905-14-305-016)

The Board next considered the application of Crystal Car Wash for a site plan amendment to allow the placement of a dumpster without screening at 6775 West Main Street. The subject site is in the "C" Local Business District zoning classification and is Parcel No. 3905-14-305-016. The Report of the Planning and Zoning Department is incorporated hereby by reference.

Ms. Stefforia indicated that the Zoning Board of Appeals had reviewed the site plan for the detail building on the site on October 4, 1999. As a condition of approval, the applicant was to provide the Planning Department with the proposed location of the dumpster, as well as the enclosure details, for review and approval. The dumpster would be serving both uses on the property and had been moved to a location near the new detail building. In its former location, the dumpster was screened with a brick wall. The applicant now sought approval not to enclose or screen the dumpster in its new location.

Ms. Stefforia reported that the Township Board had adopted new landscaping provisions that require dumpsters to be situated on a hard surface and enclosed by a solid wall or fence no less than six feet in height on three sides.

The applicant, Shashin Kothawala, was present. He stated that the screening for the former location, at least one wall, had collapsed almost immediately. He noted that the location of the dumpster had been moved to allow use by the detail building. He felt that the location chosen was the only location which would allow the dumpster to serve both parts of the site. He stated that the dumpster was small and that it abutted a mini-storage use and therefore would not be unsightly. He was concerned that any enclosure required by the Township would be damaged almost immediately by the truck servicing the dumpster and/or snow plowing.

Mr. Loy expressed concern about the applicant's reasoning, stating that he felt that it was just an excuse. He said that he plows snow professionally, and he felt that if a snow plow were damaging the dumpster enclosure, it was because the snow plow driver was not using its equipment correctly. Mr. Loy stated that he could not see any justification for taking away the screening of this dumpster. He felt that it was important to apply the ordinances and requirements of the Township consistently to all sites. In his opinion, this was a high-exposure intersection, and the dumpster should be screened.

Mr. Corakis agreed, stating that, in his opinion, if the driver servicing the dumpster broke down an enclosure wall, he should pay for repairing it.

The applicant stated that he felt the Board should make an exception for his property. The Chairperson disagreed, stating that the Township Ordinances are meant to be applied equally to all properties.

There was discussion of the location of the proposed dumpster, and Ms. Stefforia stated that the location would be satisfactory and in compliance with Ordinance provisions if screened.

Mr. Corakis noted that the applicant could avoid dumpster enclosure if he wished to place his trash receptacle on the inside of either of the buildings.

There was no public comment on the item. The public hearing was closed.

Mr. Loy moved to deny the amendment to the site plan, reasoning that there was no basis to grant an exception to this property, and that the dumpster must be screened pursuant to the previous approval and pursuant to Ordinance requirements. Ms. Kuntzman seconded the motion, and the motion carried unanimously.

YEAR END REPORT

The Zoning Board of Appeals reviewed the Report of the Planning and Zoning Department concerning the calendar year 2000. That Report is incorporated herein by reference.

OTHER BUSINESS

The Chairperson indicated that this was his last meeting as a member of the Zoning Board of Appeals. Mr. Corakis expressed his feeling that Mr. Brodasky would be missed. The Township Attorney thanked Mr. Brodasky for his excellent work as Chairperson and his valuable contribution to the operation of the Zoning Board of Appeals.

ADJOURNMENT

There being no further business to come before the Board, the meeting was adjourned at 4:05 p.m.

OSHTEMO CHARTER TOWNSHIP ZONING BOARD OF APPEALS
By:
Thomas Brodasky, Chairperson
By:
Millard Loy
By:
Ted Corakis
By:
Sharon Kuntzman
By:
David Bushouse

Minutes Prepared:
December 19, 2000

Minutes Approved:
, 200