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OSHTEMO CHARTER TOWNSHIP

PLANNING COMMISSION

Meeting Minutes

June 2, 1999


OSHTEMO CHARTER TOWNSHIP PLANNING COMMISSION
MINUTES OF SPECIAL MEETING HELD JUNE 2, 1999

Agenda

SEELYE WEST - SPECIAL EXCEPTION USE - 6883 WEST MAIN STREET

KOTHAWALA CONDOMINIUM - SITE PLAN REVIEW - 6775 WEST MAIN STREET

BRUCE KUIPERS SITE CONDOMINIUM - SITE PLAN REVIEW - 4001 SOUTH 9TH STREET

A special meeting was conducted by the Oshtemo Charter Township Planning Commission on Wednesday, June 2, 1999, commencing at approximately 5:30 p.m. at the Oshtemo Charter Township Hall, pursuant to notice.

Members present:
Ken Heisig, Acting Chairperson
Marvin Block
Stanley Rakowski
Millard Loy
Ken Heisig
Elizabeth Heiny-Cogswell
Ted Corakis

Members Absent:
Wilfred Dennie

Also present were Jodi Stefforia, Planning Director, Mary Lynn Bugge, Township Planner and Robert C. Engels, Township attorney, and twelve (12) other interested persons.

CALL TO ORDER

The Chairperson called the meeting to order at 5:36 p.m.

AGENDA

Mr. Block moved to approve the agenda and Mr. Loy seconded the motion. The motion was carried unanimously.

 SEELYE WEST - SPECIAL EXCEPTION USE - 6883 WEST MAIN STREET

The next item was the application of Seelye West for a special exception use/site plan amendment for the expansion of the Seelye West outdoor display area. The subject property is located at 6883 West Main and is in the "C" local business district zoning classification.

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

Mr. Heisig noted that the applicant was requesting a change in boundaries of the next phase, not a change in use.

Bruce VanderWeele was present on behalf of the applicant and stated that the applicant sought additional outdoor vehicle display area. He also stated that there would be additional lighting.

Mr. Rakowski questioned the applicant as to additional lighting and where it would be located. Mr. VanderWeele stated that there would be additional pole lighting in the parking lot and that it met the Township Ordinance requirements. Mr. Rakowski asked if it would be directed on the parking lot rather than the street, and Mr. VanderWeele stated that it would. Ms. Stefforia interjected that the lighting does comply on the 8th Street frontage but that she was not sure as to compliance along West Main.

Mr. Block questioned Mr. VanderWeele about the possibility of there being future requests for changes and Mr. VanderWeele responded that anything is possible but that he had no knowledge of anything planned beyond what was being proposed.

Mr. Rakowski noted that there appears to be an additional oil bay on the plans, and Mr. VanderWeele said that it had been included in the original plan.

There was some discussion about the location of the south lot line in the area of the service drive. Ms. Stefforia stated that the service drive would remain intact.

The following public comment was offered.

Lee Larson, who lives at 405 East 8th Street, wanted to know where the expansion was going to be on the site and he was shown the plans. He was concerned about the lighting and Mr. VanderWeele stated that there would be 15 light poles in the new area. Ms. Stefforia said that they could not regulate within the site but that there was a limit of 0.1 foot candle illumination level along the property perimeter. Mr. Larson said that he was concerned about the amount of light going into the night sky and he would like to maintain reasonable light at night when the residents are there but the business is closed.

Mr. Larson also wondered if the PA system was going to be expanded and how it would be directed.

Kadir Mohmand said that he owns property behind Seelye West. He questioned the relationship of the Commissioners to the applicant.

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

The Chairperson made reference to the special exception use criteria contained in Section 60.100 and observed that the proposed use was compatible with the other uses permitted within a "C" District. The site is within the "community commercial node" and the proposed use represents an expansion of the existing sales/service facility that is on the site.

He noted that other developments located within the commercial area have received approval for outdoor activity and that the subject site represents the western boundary of the 9th Street/West Main Commercial node. The applicant had previously been required to establish screening along the western portions of the site.

Mr. Loy wanted to be sure that screening was in place, and Ms. Stefforia said that she would confirm screening by an on-site examination.

The Chairperson raised the concern about the PA system and questioned whether there would be a change in the operation of the PA system. Mr. VanderWeele stated that the did not know and Mr. Corakis suggested that it might be possible to have the PA system in effect until 2:00 p.m. and after that pager phones could be used. Ms. Stefforia recommended that there be no more speakers permitted.

The Chairperson indicated that municipal water and sewer service are available to the site but have not been hooked up. Mr. VanderWeele stated that municipal sewer service was utilized.

The Chairperson observed that the lighting plan was in compliance with the lighting provisions of the Zoning Ordinance, but Ms. Heiny-Cogswell questioned whether it was in excess of 0.1 foot candles along the West Main right-of-way. Ms. Stefforia said that she would check to see if it was over the allowable limit.

The Chairperson also noted that the area for the service road extension has been set aside.

The proposed expansion would be subject to Township Engineer’s review and approval.

There was discussion regarding the groundwater protection standards and the expansion of the retention basin. Mr. Stefforia said that that would be a part of the Township Engineer’s review.

The Chairperson stated that the proposal represents an expansion of an existing use but that there is no change in the use. The increase in the outdoor display area now proposed is consistent with previous plans in which this future phase was indicated. Municipal sewer and water are available to the site, and the proposed amendment is consistent with the modified proposal for a service drive presented and approved in concept in 1998 with the original layout presented in 1991. The proposal also accommodates the southwest extension of the service road, an 8th Street access point and the relocation of the existing vehicle display areas from the service road.

The Chairperson then referenced Section 31.403. The sales office would continue to be on site. Lighting must comply with Section 78.700 of the Zoning Ordinance. There is no additional customer or service parking proposed other than what had been approved in 1998. The setback requirements are satisfied and the additional vehicle display area will be paved. There are no modifications to the existing site access that have been proposed, and the Planning Commission feels that the proposed site modification should serve to improve site circulation.

The Chairperson then commented on the site plan review criteria in Section 82.800 and stated that modification to the existing access and service road provisions had not been proposed and that the existing building setbacks all comply with Ordinance standards. Lighting will have to comply with Section 78.700 of the Zoning Ordinance. The Chairperson asked Mr. VanderWeele if any additional signs were being proposed, and Mr. VanderWeele stated that none were being proposed.

Maintenance of the established screening along the western portion of the site must be consistent with previous approvals in the proximity of residential land use along 8th Street. He noted that no variances had been requested and that approval was subject to Township Fire Department review and approval. Ms. Stefforia stated that Fire Department approval will be sought.

The Chairperson noted that the Township Engineer was in the process of reviewing the site plan and that approval was subject to Township Engineer review and approval.

The Chairperson also indicated that the proposed development and design must be consistent with the groundwater protection standards.

Mr. Loy moved to approve the special exception use, finding that the criteria of Section  60.100 had been satisfied, with the following conditions, limitations and notations:

(1) That detail as to the public address system be submitted to the Township; the applicant was urged to go to two-way communications system; no additional speaker(s) be added to the PA system.

(2) That all screening required in previous approvals must be in place and, if it is not, it must be established with this phase of the project, subject to Township staff review and approval.

(3) That lighting must comply with the Township lighting standards of Section 78.700 and is subject to Township staff review and approval.

(4) That approval is subject to the review and approval of the Township Engineer.

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

(6) That all requirements of the Ordinance as to car sales lots must be satisfied.

(7) That no additional signage was proposed or approved.

Mr. Corakis seconded the motion. The motion carried unanimously.

Mr. Loy moved to approve the site plan amendment with the following conditions, limitations and notations:

(1) That no change to the existing access arrangements or service road were proposed or approved.

(2) That all buildings shall comply with setback requirements.

(3) That all lighting comply with Section 78.700 and be subject to Township staff review and approval.

(4) That there be no additional uses established on site.

(5) That all screening required in previous approvals shall be established and maintained.

(6) That approval was subject to the review and approval of the Township Fire Department and Township Engineer.

(7) That the project shall be in compliance with the groundwater standards.

(8) That no additional signage was proposed or approved.

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

KOTHAWALA CONDOMINIUM - SITE PLAN REVIEW - 6775 WEST MAIN STREET

The next item was the application for site plan review of a proposed three-unit commercial site condominium project. The subject property is located at 6775 West Main Street and is within the "C" Local Business District zoning classification.

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

Shashin Kothawala was present. He realizes that his area is small but that it meets the Ordinance requirements for size. The units will be small, and the north portion of the property is developed with a car wash.

There was discussion concerning the road within the development and the proposed curb cuts. Mr. Kothawala stated that the service road was open to all in the development with direct access from the car wash to the proposed condominiums. There currently is asphalt to the property line.

There was also discussion regarding water runoff and retention areas, and it was stated that the stormwater management system on the adjacent storage facility site would be used. Mr. Kothawala stated that the agreement allowing use of the off-site system should be on file with the Township.

Discussion was opened to public comment.

Mr. Mohmand asked about why commercial use was allowed in a condominium, and it was noted that the site condominium was proposed for a Commercial District.

Lee Larson, who lives at 405 East 8th Street, inquired as to whether there would be single-drive access for all the parcels. Ms. Heiny-Cogswell indicated that there would be a single drive for the two sites.

The public hearing was closed.

Ms. Stefforia stated that the development of the ice cream shop project would be subject to site plan review. There was some discussion regarding handicap parking, and Ms. Stefforia indicated that the plan right now does not comply but asked that the site plan of the ice cream shop development not be examined at this time.

Mr. Loy moved to approve the site plan of the condominium project with the following conditions, limitations and notations:

(1) That the owner must provide the Township with a copy of the proposed condominium master deed and bylaws for review and approval of the Township staff and Township Attorney. The master deed and bylaws must address such matters as stormwater drainage, the parking areas, access and common element maintenance.

(2) The master deed and bylaws must be approved by the Township prior to sale of any building sites.

(3) Shared access for two southern units is approved and must be constructed before any development of either unit.

(4) Site plan approval is required for the development of any building sites.

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

BRUCE KUIPERS SITE CONDOMINIUM - SITE PLAN REVIEW - 4001 SOUTH 9TH STREET

The next item was the application for site plan review of a proposed three-building site industrial condominium project. The subject property is located at 4001 South 9th Street and is within the "I-R" Industrial District Restricted zoning classification.

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

Jamie Dyer of Wightman-Ward was present on behalf of the applicant. Mr. Dyer stated that he had no problem with the conditions that were contained in the Planning and Zoning Department report and wanted to get conceptual approval before spending more money with plans and development. Mr. Dyer discussed the sanitary sewer and mentioned that the plans called for a forced main because the 9th Street area is very shallow and the pipes would come out of the ground by the time they got to the back of the property. Using them would require much fill in order to get gravity flow. Mr. Dyer also discussed storm drainage and a linear retention area along the back of the site. There would be rerouting to a new retention area of the shallow retention area by Instant Interiors’ building.

Units two and three are speculative at this time as there has been some interest in the property but nothing is definite. Mr. Block inquired about access, and Mr. Dyer indicated that the same access road would be used as that now being used by Instant Interiors.

There was discussion about county road standards and the type of gutters that would be used. Mr. Dyer questioned how differences from county road standards would be handled, and Ms. Stefforia indicated that the Engineer comments had not yet been received and that the road standards could be negotiated. Mr. Corakis asked if the road would be public, and Mr. Dyer indicated that it would not although the manner of construction at the entryway would be such that if the area is redeveloped it would be an adequate width so it could possibly become a public road in the future.

Mr. Rakowski questioned if both units would be built at once and the applicant, Bruce Kuipers, stated that he could not be sure at this time as he was looking at the maximum that would be practical.

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

Mr. Block moved to approve the site plan for the condominium with the following conditions, limitations and notations:

(1) That the approval is subject to review and approval of the master deed and bylaws by the Township staff and Township Attorney.

(2) That the master deed and bylaws must be provided to and approved by the Township prior to a building permit being issued for the second building in the development.

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

(4) That the approval is subject to satisfaction by the applicant of any requirements of the Township Engineer.

(5) That site plan review and approval is required for the development of the individual building sites.

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

ADJOURNMENT

There being no further business to come before the Commission, the special meeting was adjourned at 6:50 p.m.

OSHTEMO CHARTER TOWNSHIP

PLANNING COMMISSION

 

By:

Elizabeth Heiny-Cogswell, Secretary

Minutes prepared:

June 3, 1999

Minutes approved: