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OSHTEMO CHARTER TOWNSHIP

ZONING BOARD OF APPEALS

January 22, 2001

Agenda

AGM DEVELOPMENT, LLC - SITE PLAN REVIEW - 552 SOUTH 8TH STREET (PARCEL NOS. 3905-22-285-021, 22-285-005 AND 22-285-051)

OSHTEMO BUSINESS PARK - PHASE IV BUILDING - SITE PLAN REVIEW - NORTHEAST CORNER OF 9TH STREET AND N AVENUE (PARCEL NO. 3905-35-455-025)

A meeting was conducted by the Oshtemo Charter Township Zoning Board of Appeals on Monday, January 22, 2001, commencing at approximately 3:00 p.m. at the Oshtemo Charter Township.

MEMBERS PRESENT: Millard Loy
David Bushouse
Sharon Kuntzman
Ted Corakis

MEMBER ABSENT: Jill Jenson (unsworn)

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

CALL TO ORDER

The meeting was called to order at 3:00 p.m.

ELECTION

Mr. Corakis nominated Millard Loy be elected as Chairperson. Ms. Kuntzman seconded the nomination. Upon a vote, Mr. Loy was unanimously elected.

Mr. Corakis nominated Sharon Kuntzman be elected as Vice Chairperson. Mr. Bushouse seconded the nomination. Upon a vote, Ms. Kuntzman was unanimously elected.

MINUTES

The Board considered the minutes of the meeting of December 18, 2000. Mr. Corakis moved to approve the minutes as submitted, and Ms. Kuntzman seconded the motion. The motion carried unanimously.

AGM DEVELOPMENT, LLC - SITE PLAN REVIEW - 552 SOUTH 8TH STREET (PARCEL NOS. 3905-22-285-021, 22-285-005 AND 22-285-051)

The Board considered the application of AGM Development for a site plan review of a proposed 21,600 square foot building for office, warehouse and fabrication use at 552 South 8th Street. The subject site is located in the "I-1" and "R-4" Residence District zoning classifications and is comprised of Parcel Nos. 3905-22-285-021, 3905-22-285-005 and 22- 285-051. The Report of the Planning and Zoning Department is incorporated herein by reference.

Ms. Bugge stated that the Company currently operates on the site as sheet metal fabrication, aluminum framing fabrication, glass and glazing specialists. The applicant currently has two buildings on the subject site. The building to the northeast would remain, and the building further west would be removed for the construction of the 21,600 square foot building proposed. Ultimately, the applicant plans to establish three buildings on the site. The property consists of three parcels containing a total of 8.8 acres. All improvements would be placed upon the "I-1" zoned portion of the parcels. Ms. Bugge suggested that any approval require a combination of all three parcels to eliminate the landlocked parcel. The current access point would be closed, and a shared driveway to 8th Street would be constructed on a joint 66-foot easement to the south of the property. The parking proposed by the applicant meets Ordinance requirements. The setbacks proposed would also meet Ordinance standards. The dumpster as detailed meets Ordinance requirements, too. In response to questions from Mr. Corakis, Ms. Bugge stated that the applicant was aware that the three parcels would need to be combined and that there was a setback from the "R-4" portion of the site.

Stan Schoonmaker was present on behalf of the applicant. He stated that the proposed new building would replace the fabrication facility on KL Avenue and the one leased on King Highway. The offices for the use would be located in the new building. It was ultimately the applicant's intent to replace the second building and establish a third. The time line for replacement of the building on 8th Street was approximately two years.

The Chairperson had questions regarding the landscaping requirements for the site. Ms. Bugge noted that the applicant would need to meet the new landscaping provisions of the Ordinance. She stated that she believed the applicant intended to keep the west side vegetation as far as was practicable. Further, south of the building would be retained as "natural" area. There was discussion of whether the applicant would be required to establish landscaping along 8th Street or wait until the building was replaced on 8th Street. The applicant stated that they would like to delay landscaping on 8th Street because of the existing septic field in the area. They do not want to disturb the septic field until the new building is to be established. The Township Attorney stated that the applicant would need to comply with the landscaping provisions of the Ordinance. If these provisions required landscaping in the area of the septic field, the applicant would need to return for a variance.

In response to questions from Mr. Bushouse, it was noted that AGM is bringing a water line from KL Avenue. This was subject to a reimbursement agreement for any hook-ups occurring within 10 years.

A new drain field would be established to serve the proposed building.

Mr. Bushouse expressed concern that the remaining property in the area not be landlocked. It was noted that Parcel No. 22-276-012 has frontage on both 8th Street and KL Avenue.

No public comment was offered, and the public hearing was closed.

Mr. Bushouse expressed concern about the "emergency spill way" area noted on the plan. Ms. Bugge stated that the Township Engineer would be reviewing the plan, and she believed that he will have comments on this.

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

(1) That approval is subject to the combination of all three parcels into one parcel.

(2) That the current access would be closed, and a shared driveway to 8th Street be constructed. The driveway and road improvements are subject to the review and approval of the Kalamazoo County Road Commission.

(3) That a site lighting plan shall be submitted for the review and approval of the Township and must comply with Section 78.700.

(4) That all signage at the site must comply with Section 76.000. Details shall be submitted for the review and approval of the Township through the permit process.

(5) That a landscaping plan consistent with Section 75.000 must be submitted for review and approval of the Township Planning Department.

(6) That site approval is subject to the review and approval and conditions imposed by the Township Fire Department.

(7) That the site approval is subject to the finding of the Township Engineer that storm water management is adequate.

(8) That approval is subject to the execution of a water agreement with the Township and the extension of public water to the site.

(9) That site approval is subject to the approval of the Kalamazoo County Human Services Department regarding the septic system.

(10) That an Environmental Permit Checklist and Hazardous Substance Reporting form have been submitted to the Township.

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

OSHTEMO BUSINESS PARK - PHASE IV BUILDING - SITE PLAN REVIEW - NORTHEAST CORNER OF 9TH STREET AND N AVENUE (PARCEL NO. 3905-35-455-025)

The Board considered the application of Hollenbeck Construction concerning site plan review of a proposed 52,800 square foot multi-tenant building to be located within the Oshtemo Business Park. The subject property is at the northeast corner of 9th Street and N Avenue and is Parcel No. 3905-35-455-025. The property is located in the "I-R" Industrial Restricted District.

The Report of the Planning and Zoning Department is incorporated herein by reference. Ms. Stefforia stated that the applicant was proposing to construct the Phase IV building of the Oshtemo Business Park. The site condominium has not yet been officially established. However, since the Township Ordinance did not limit the number of industrial buildings which could be placed on an unplatted parcel, the applicant was permitted by the Ordinance to go forward with the site plan proposal. The building was a speculative building, and therefore, tenants were unknown at this point. All tenants would be subject to review and approval by the Township consistent with the provisions of the Zoning Ordinance to insure that the proposed uses were permitted in the zoning district.

As to parking, Township staff believes that the parking proposed was satisfactory. However, errors on the site plan must be corrected to reflect the actual number of spaces to be constructed.

Mr. Corakis was concerned about site lighting, noting that one light on the site on N Avenue is "glaring". Further, he was concerned that the dumpsters at the site did not have proper enclosures.

Ms. Kuntzman had questions about the proposed landscaping at the site, and Ms. Stefforia stated that landscaping would be required to meet current Ordinance standards, and it had been determined that it was likely that Type C landscaping would be needed along 9th Street.

There was discussion of the setback requirements, with Mr. Bushouse noting that the building seemed to be 96 feet from 9th Street. It was noted that Section 40.401d requires a 100 foot setback from 9th Street and that the first 50 feet of the area be open space.

Larry Hollenbeck was present on behalf of the applicant, and he stated that the building setback would be moved to comply with the Ordinance. He recognized that some adjustments would be required to allow for the first 50 feet to be "greenspace". It was noted that some of the parking might be eliminated. The applicant indicated that other buildings did not use all the parking required at the site, and therefore, he felt elimination of some of the parking would be appropriate.

Mr. Corakis had questions about whether the applicant would propose a sidewalk along 9th Street. The applicant indicated that a discussion of sidewalks was taking place with the Road Commission. However, sidewalks were contemplated along N Avenue and along Technology Avenue. The applicant would consider further sidewalks with regard to its landscaping plan.

Ms. Kuntzman had questions concerning the appearance of the building. Mr. Hollenbeck stated that the building would have a similar appearance to one in the Venture Park complex. As to site retention, it was noted that the Township Engineer had not yet examined the dry well proposal.

No public comment was offered, and the public hearing was closed.

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

(1) That the building setback be adjusted to a minimum of 100 feet from 9th Street. The first 50 feet of this setback must be greenspace pursuant to Ordinance requirements.

(2) That parking comply with the approved site plan and Ordinance standards. All errors on the site plan must be corrected to reflect the actual number of spaces to be constructed.

(3) That all site lighting comply with the requirements of Section 78.700 of the Zoning Ordinance.

(4) That a sign permit in compliance with Section 76.000 of the Zoning Ordinance be applied for and granted by the Township prior to the placement of any identification sign on the property.

(5) That a revised landscaping plan, satisfying the provisions of Section 75.000 of the Zoning Ordinance, must be submitted before a building permit will be issued for the project. Landscaping must be installed consistent with the approved site plan before occupancy is permitted, or a performance guaranty in an amount to be determined based upon the value of required landscaping must be provided.

(6) That site plan approval is subject to the review and approval conditions imposed by the Township Fire Department.

(7) That site plan approval is subject to the review and approval of the Township Engineer with regard to the acceptability of site engineering and provision of utilities.

(8) That an Environmental Permit Checklist and Hazardous Substance Reporting form must be completed and provided for any tenants locating in the building.

(9) That each tenant is subject to the review and approval of the Township consistent with the provisions of the Zoning Ordinance to insure that proposed uses are permitted in the subject zoning district.

(10) That an earth change permit from the Kalamazoo County Drain Commissioner's Office is required before earth moving activities recommence at the site.

(11) That it was suggested that sidewalks be considered along 9th Street and N Avenue for inclusion in any landscaping plan.

The motion was seconded by Mr. Corakis, and upon vote, it carried unanimously.

ADJOURNMENT

There being no further business to come before the Board, the meeting was adjourned at 4:07 p.m.

OSHTEMO CHARTER TOWNSHIP
ZONING BOARD OF APPEALS

By:
Millard Loy, Chairperson
By:
Ted Corakis
By:
Sharon Kuntzman
By:
David Bushouse
By:
Jill Jenson

Minutes Prepared:
January 25, 2001

Minutes Approved:
, 2001