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OSHTEMO CHARTER TOWNSHIP

PLANNING COMMISSION

December 5, 2002

Agenda

HERITAGE CHRISTIAN REFORMED CHURCH - LOOKING GLASS PRESCHOOL AND DAYCARE - 2857 SOUTH 11TH STREET - SPECIAL EXCEPTION USE - (PARCEL NO. 3905-25-455-011)

METRO, LLC (JEFF DENOOYER) - SPECIAL EXCEPTION USE AND SITE PLAN REVIEW - 5900 STADIUM DRIVE - (PARCEL NO. 3905-25-305-045)

A meeting was conducted by the Oshtemo Charter Township Planning Commission on Thursday, December 5 2002, commencing at approximately 7:00 p.m. at the Oshtemo Charter Township Hall.

MEMBERS PRESENT: Neil G. Sikora, Chairperson
Deborah L. Everett
Jim Turcott
Lee Larson

MEMBERS ABSENT: Elizabeth Heiny-Cogswell
Kathleen Garland-Rike
Mike Ahrens

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

CALL TO ORDER

The meeting was called to order at 7:00 p.m.

AGENDA

Mr. Larson moved to approve the Agenda as submitted, and Mr. Turcott seconded the motion. The motion carried unanimously.

MINUTES

The Planning Commission considered the minutes of November 21, 2002. Ms. Everett moved to approve the minutes as submitted, and Mr. Larson seconded the motion. The motion carried unanimously.

HERITAGE CHRISTIAN REFORMED CHURCH - LOOKING GLASS PRESCHOOL AND DAYCARE - 2857 SOUTH 11TH STREET - SPECIAL EXCEPTION USE - (PARCEL NO. 3905-25-455-011)

The Planning Commission considered the application of Heritage Christian Reformed Church on behalf of Looking Glass Preschool and Daycare for a special exception use permit concerning a commercial daycare center to be operated within the Church building at 2857 South 11th Street. The subject property is located in the "R-3" Residence District zoning classification, and is Parcel No. 3905-25-455-011.

The Report of the Planning and Zoning Department is incorporated herein by reference.

Ms. Bugge stated that the Looking Glass Preschool and Daycare leases 5,500 square feet within the Church for the operation of their commercial Child Care Center. The Church building has a total of 20,379 square feet on 14.6 acres. Site plan approval for the Church was granted in 1988.

The applicant is seeking special exception use approval under the recently-adopted text for child care centers in the "R-3" District, i.e., Section 23.408. Ms. Bugge stated that the daycare operation is licensed by the State. No changes to the existing site plan of the Church facility were being proposed.

Ms. Bugge reviewed the special exception use criteria of Section 60.100. As to whether the proposed use is compatible with other uses expressly permitted with the zoning district, it was noted that one and two-family dwellings and dwellings converted to office space are permitted in the "R-3" District. Further the use would be fully contained within the Church building which is a permitted use.

It was felt that the proposed use would not be detrimental or injurious to the use or development of adjacent properties or the general public. Properties to the north are developed as Holiday Inn and Holiday Lanes, to the south is the Kalamazoo Chinese Christian Fellowship Church, to the east is Highway U.S. 131, and to the west across 11th Street is the Kalamazoo Area Christian Retirement Association Complex.

It was felt that the proposed use would promote public health, safety and welfare in that it is licensed as a child care center by the State.

As to whether the proposed use would encourage use of the land in accord with its character and adaptability, Ms. Bugge suggested that the Planning Commission consider days and hours of operation which are Monday through Friday, 7 a.m. to 6 p.m. There are 55 children, ages 2 to 5 years of age, and in the summer, there were approximately 35 additional children, ages 5 to 12 years of age. Fifteen employees were located at the site. There is a fenced play area.

Ms. Bugge suggested that the Planning Commission condition approval upon the applicant satisfying the requirements of the Township Fire Department pursuant to adopted codes.

As to the requirements of Section 23.480, Ms. Bugge pointed out that the building site had received approval from the Zoning Board of Appeals on April 4, 1988. Under the Ordinance, buildings up to 10,000 square feet are permitted for child care centers. The Looking Glass Preschool would utilize only 5,500 square feet of the existing building, and no changes to the approved site plan were proposed. Ms. Bugge felt that there would be adequate parking provided for the use, i.e., 188 spaces.

Pat Schewe was present on behalf of the applicant. He stated that the Church had been inspected on more than one occasion by the Township Fire Department. Ms. Bugge pointed out that there was an issue which was being worked out between the applicant and the Fire Department.

There was no further comment on the item, and the public hearing was closed.

The Chairperson reviewed Section 60.100's criteria. Planning Commissioners concluded that the use would be compatible with other uses permitted in the District. Further, since the use would be contained within an existing building, it was felt that the use would not be detrimental or injurious to adjacent properties.

Mr. Turcott questioned the applicant concerning the number of children at the site. Julie Fisch stated that the facility is licensed by the State for up to 133 children. This is based on the square footage of the building. However, it was anticipated that the number of children at the site would not be increased to 133. There is an average of 55 children at the site during the winter, and 70 children at the site during the summer.

Planning Commissioners felt, based upon the number of children and the hours of operation, and the fact that the use was licensed by the State, that the use would promote public health, safety and welfare and encourage use of the land in accord with its character and adaptability.

As to the site plan review criteria of Section 82.800, it was again noted that there were no changes or modifications to the proposed site, including the access point.

Mr. Turcott moved to approve the special exception use permit and site plan for the proposed use, concluding that the use met the criteria of Section 60.100. He further moved that the approval be subject to the following conditions, limitations and notations:

(1) That the approval was subject to the applicant satisfying the requirements of the Township Fire Department pursuant to adopted codes.

(2) That any proposed signage comply with the provisions of Section 76.000 of the Ordinance and be reviewed and approved through the sign-permitting process.

Ms. Everett seconded the motion, and the motion carried unanimously.

METRO, LLC (JEFF DENOOYER) - SPECIAL EXCEPTION USE AND SITE PLAN REVIEW - 5900 STADIUM DRIVE - (PARCEL NO. 3905-25-305-045)

The Planning Commission considered the application of Metro, LLC for a site plan review and special exception use approval concerning a proposed automobile showroom with outdoor display at 5900 Stadium Drive. The subject property is located in the "C" Local Business District zoning classification, and is Parcel No. 3905-25-305-045.

The Report of the Planning and Zoning Department is incorporated herein by reference.

Ms. Stefforia stated that the applicant is proposing to demolish the existing building known as Deep Sea Aquarium and establish a Jaguar and Land Rover showroom facility in its place. The building presently on site was given site plan approval in 1988, and at that time, it conformed with the Township Ordinance. The setback requirement from the north line was only 20 feet. A fire lane around the rear of the building was established and paved to two feet from the north line. There is no opportunity for landscaping in this area. Subsequently, rezoning of the Quail Run Condominium property resulted in the application of a supplemental setback to the subject site, making the building nonconforming. On November 18, 2002, the applicant obtained a variance from the supplemental setback requirements to allow the showroom and related office building to be established 22 feet from the north property line. Service of vehicles would be performed at the Metro Toyota building to the east. If approval is granted, the applicant would purchase the property and combine it with the Metro Toyota parcel. There would be 54 parking spaces at the site, 17 of which would be display pads.

Ms. Stefforia noted that perimeter light levels near the drive onto Quail Run exceed the Ordinance limits. The applicant would need to redesign lighting to comply with the provisions of Section 78.700 unless a variance is granted by the Zoning Board of Appeals.

As to signage, the existing sign at the site is "grandfathered", but nonconforming. The applicant may change the face of the existing sign, but if removed, any new sign would have to satisfy the current provisions of the Ordinance unless the Zoning Board of Appeals granted deviation.

Ms. Stefforia stated that, as to landscaping, three additional understory trees would have to be provided along Stadium Drive than shown on the proposed landscaping plan.

Ms. Stefforia reviewed the criteria of Section 60.100.

Jeff DeNooyer was present on behalf of the applicant. He stated that Jaguar was being reorganized, and that his dealership has been offered the opportunity to provide Jaguar and Land Rover. The present showroom facility was not large enough to accommodate this proposed plan. Mr. DeNooyer stated that the applicant would be building a quality facility so as to maximum display space to the front of the site. He stated that representatives of the Quail Run Condominium Association, Lloyd Eckert Boyd Heckert and Kristen Kirkpatrick, have been consulted.

Their biggest concern was lighting. The applicant had determined to use to timers and shield some of the lights in order to meet these concerns.

There was no public comment, and the public hearing was closed.

The Chairperson reviewed Section 82.800. It was noted that the driveway onto Quail Run Drive would remain, and that the site would share the existing Stadium Drive driveway serving the Metro Toyota site. Lighting was discussed. As to the Section 60.100 criteria for special exception use approval, the Planning Commission considered whether the proposed use was compatible with other uses expressly permitted in the District. Planning Commissioners concluded that the use was compatible in that it was situated in an existing commercial area along Stadium Drive. There are other dealerships in the area with significant outdoor display abutting to the East. Further, this would be an expansion of an existing sales/service facility.

Planning Commissioners concluded that the proposed use would not be detrimental or injurious to the use or development of adjacent properties or to the general public, in that the building would be established in the footprint of an existing building and constitute an expansion of an existing sales/services facility. Display parking would be provided in front of the building. This would allow the more intensive site element to be moved farthest away from the residences abutting to the north. Planning Commissioners concluded that the use would promote the public health, safety and welfare, noting that the site is served by public sewer and water.

The Chairperson expressed appreciation that the most intensive use of the site would be directed away from the residential properties. However, he felt that, if deviation or a variance is sought, the Zoning Board of Appeals should consider the residences to the north and across the street. The largest concern was with regard to lighting.

As to whether the proposed use would encourage use of the land in accord with its character and adaptability, Planning Commissioners felt that, since this was an expansion of an existing use, it would be in accord with the character of the area. Mr. Turcott questioned whether there was an outdoor P.A. system at the site. The applicant indicated that there was a P.A. system on the existing Metro Toyota building, which was used occasionally, but only to page staff. The applicant may wish to put speakers on the proposed building. The Chairperson noted that other recent applicants had been denied an outdoor P.A. system, but recognized that this was an expansion of an existing use which had a P.A. system. There was discussion of the hours of operation.

As to whether damaged cars would be parked at the site, the applicant stated that all service would be done at the existing Metro Toyota building. There would be no service vehicles parked at this site.

Returning to the P.A. system, it was noted that the existing site has not been the subject of complaint by area residents. Further, the applicant indicated that speakers would be directed toward Stadium Drive and the display area.

Returning to a discussion of lighting, the applicant's representative stated that there were five poles with 400-watt fixtures and four poles with 1,000-watt fixtures. It was noted that the applicant would need to receive a variance or modify this lighting arrangement.

Mr. Turcott moved to grant special exception use approval, finding that the use met the criteria of Section 60.100, upon the condition that any P.A. system speakers be mounted on the Stadium Drive side of the building. Ms. Everett seconded the motion, and the motion carried unanimously.

Ms. Everett moved to grant site plan approval with the following conditions, limitations and notations:

(1) That parking comply with the requirements of Section 68.000. Fifty-four customer, employee and display spaces are proposed and approved with no service or body work vehicle parking.

(2) That all lighting must comply with the provisions of Section 78.700 unless a variance is granted by the Zoning Board of Appeals.

(3) That new signs or changes to the existing sign must comply with the provisions of Section 76.000 unless a deviation is granted by the Zoning Board of Appeals.

(4) That a revised landscaping plan in compliance with Section 75, which should include three additional understory trees along Stadium Drive must be prepared and submitted and approved by Township Staff before a building permit may be issued. Site landscaping must be installed prior to issuance of a certificate of occupancy, or a performance guarantee consistent with Section 82.950 must be provided.

(5) That approval is subject to the review and approval of the Township Fire Department.

(6) That approval is subject to the Township Engineer finding that site engineering is adequate.

(7) That the two properties must be combined into one parcel by the applicant.

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

OTHER BUSINESS

Ms. Stefforia noted that correspondence had been received from Phoenix Properties requesting that they be permitted to withdraw their application for rezoning of the Sherwood Place property. After some discussion, Ms. Everett moved to make no further recommendation as to rezoning the subject property and allow it to remain zoned as "R-4" at this time. Mr. Turcott seconded the motion, and the motion carried unanimously.

PLANNING COMMISSIONER COMMENTS

Mr. Turcott expressed his thanks for appointment to the Zoning Board of Appeals.

ADJOURNMENT

There being no further business to come before the Planning Commission, the meeting was adjourned at 8:20 p.m.

OSHTEMO CHARTER TOWNSHIP
PLANNING COMMISSION

By:
Acting Secretary
Minutes prepared:
December 6, 2002
Minutes approved:
, 2002