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OSHTEMO CHARTER TOWNSHIP

PLANNING COMMISSION

March 27, 2003

Agenda

CAMP FIDO DOG DAYCARE- SPECIAL EXCEPTION USE - SITE PLAN REVIEW - 8661 STADIUM DRIVE - (PARCEL NO. 3905-33-335-025)

WEST PORT TRAILS NO. 3 - SITE PLAN REVIEW - (PARCEL NOS. 3905-02-330-017, 02-255-010 AND 02-255-020)

KALAMAZOO AREA CHRISTIAN RETIREMENT ASSOCIATION (AS EXPANDED) - REZONING - 23-ACRE PARCEL ALONG PARKVIEW AVENUE - (PARCEL NOS. 3905-25-385-012, 3905-25-355-030, 3905-25-355-010, 3905-25-355-025, 3905-26-490-031 AND 3905-25-355-021)

MAPLE HILL AUTO GROUP - SPECIAL EXCEPTION USE AMENDMENT - SITE PLAN REVIEW - 5622 WEST MAIN STREET - (PARCEL NO. 3905-13-180-035)

TEXT AMENDMENTS TO CORRECT TYPOGRAPHIC CHANGES TO SECTION NUMBERS REQUIRED BY CHANGES IN THE ZONING ORDINANCE

CHANGE OF AUGUST MEETING DATES

A meeting was conducted by the Oshtemo Charter Township Planning Commission on Thursday, March 27, 2003, commencing at approximately 7:00 p.m. at the Oshtemo Charter Township Hall.

MEMBERS PRESENT: Neil G. Sikora, Chairperson
Lee Larson
Kathleen Garland-Rike
Deborah L. Everett
Elizabeth Heiny-Cogswell
James Turcott
Mike Ahrens

MEMBERS ABSENT: None

Also present were Jodi Stefforia, Planning Director; Mary Lynn Bugge, Township Planner; Richard D. Reed, Township Attorney; and approximate 12 interested citizens.

CALL TO ORDER

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

AGENDA

Ms. Stefforia suggested that an item be added under "Other Business", i.e., a discussion of a change in the August meeting dates and setting the date for public hearing on the text change to correct Ordinance section numbers necessitated by recent amendments to the text of the Zoning Ordinance. Ms. Everett moved to approve the Agenda as amended, and Ms. Heiny-Cogswell seconded the motion. The Chairperson called for a vote, and the motion carried unanimously.

MINUTES

The Planning Commission considered the minutes of March 13, 2003, following which it was moved by Lee Larson and seconded by James Turcott that the minutes of March 13, 2003, as presented, be approved. Upon vote, the motion carried unanimously.

CAMP FIDO DOG DAYCARE- SPECIAL EXCEPTION USE - SITE PLAN REVIEW - 8661 STADIUM DRIVE - (PARCEL NO. 3905-33-335-025)

The Planning Commission conducted a public hearing to review an application for a special exception use and site plan review of a dog daycare facility to be located at 8661 Stadium Drive (Parcel No. 3905-33-335-025). The Report of the Planning and Zoning Department is incorporated herein by reference.

Ms. Stefforia introduced the request, reciting the history including the fact that this request was reviewed by the Planning Commission on May 23, 2002, when the applicant sought conceptual review to determine if it would be appropriate to make application for this use, awaiting the adoption of the Rural Residential District zoning classification text change. Ms. Stefforia reported that the Planning Commission's comments at the conceptual review were favorable, and that the request, as presented, is in keeping with that which was presented during conceptual review.

Ms. Stefforia also reported that, subsequent to preparation of the Planning and Zoning Department report, the applicant has furnished a completed Environmental Permits Checklist and Hazardous Substance Reporting form for the subject facility, which Checklist and Reporting form is complete.

Kerry Mulholland addressed the Board and described in brief detail the proposed use, which is a dog daycare facility called Camp Fido. The facility will contain a building and fenced yard with operating hours from 7 a.m. to 6:30 p.m. Monday through Friday. There is no residence on the property, and the dogs are cared for by a person who is in attendance at all times; the dogs, which may be segregated by size, are allowed to interact together in the open yard and with the attendant.

Chairperson Sikora asked if there were plans to expand onto remaining acreage owned by the applicant. Ms. Mulholland reported that the only present plans for expansion would include walking trails in the back area, but no dog maintenance. The Chairperson asked how Camp Fido controlled dogs barking, and Ms. Mulholland responded that the dogs are at all times under the control of the attendant. Ms. Stefforia asked Ms. Mulholland to outline a typical day in the operations at Camp Fido, and Ms. Mulholland responded that the dogs drag their owners into the facility in the morning. The dogs are kept either inside or in a yard with a person in constant attendance and allowed to socialize as appropriate; they are picked up on or before 6:30 p.m. during days of operation, which are Monday through Friday.

Mr. Ahrens asked how long the facility has been in operation. Ms. Mulholland responded that operations commenced at the facility in December, 2002. Ms. Stefforia stated that she had given informal approval inasmuch as the application was pending awaiting the adoption of the Rural Residential District zoning classification, and there had been a favorable conceptual review.

Mr. Turcott asked if Camp Fido intended overnight boarding at any time. Ms. Mulholland responded no.

Mr. Ahrens asked if the sign for the operation has been approved. Ms. Stefforia answered that any sign to be erected must comply with Township Ordinances.

There being no further Commission comments, the Chairperson asked if there were comments from the audience.

Mr. Michael Fisher, a resident immediately to the east side of the subject property, addressed the Board stating that he and Mrs. Fisher had a primary concern which was whether Camp Fido would board dogs overnight. Chairperson Sikora stated no, that was not part of the application nor would it be part of the approval. Ms. Stefforia also responded to Mr. Fisher, stating that overnight boarding would be an activity which would require a new hearing. Mr. Fisher then stated that the only problem that he and his wife have experienced to date is that, when he is at home on Saturday, he can hear dogs barking. Ms. Mulholland immediately addressed the Board, stating that the barking did not emanate from her property as she had no activities on site over the weekend.

Chairperson Sikora led the Planning Commission members through a review of the criteria for site plan approval, which was found to be satisfactory. Mr. Ahrens asked if a building permit had been issued, and if the construction which has been undertaken on site had been approved by the Building Department. Planning Director Stefforia answered yes.

Mr. Ahrens asked whether the presence of kennels at the subject property would indicate that overnight lodging is allowed. Planning Director Stefforia answered no, that overnight lodging was not part of the request and could not be allowed without an additional hearing.

Chairperson Sikora asked the pleasure of the Commission with regard to the applicant's request for a special exception use. Following brief further discussion, it was moved by Mr. Turcott, which motion was seconded by Ms. Garland-Rike that the Planning Commission approve the request for a special exception use of a dog daycare facility (kennel) subject to the approval of the site plan. The Chairperson called for a vote, and the motion carried unanimously.

The Chairperson asked the pleasure of the Planning Commission with regard to the site plan submitted. Following a brief further discussion, it was moved by Ms. Heiny-Cogswell that the site plan as submitted be approved, subject to the following conditions:

1. That the applicant seek a variance for the lack of hard surface parking;

2. That site plan approval is subject to approval by the Township Fire Department.

3. That the storm water management provisions of the Zoning Ordinance be complied with; and

4. That the operation be limited to Monday through Friday, 7 a.m. to 6:30 p.m.

The motion was seconded by Mr. Ahrens. The Chairperson called for a vote, and the motion passed unanimously.

WEST PORT TRAILS NO. 3 - SITE PLAN REVIEW - (PARCEL NOS. 3905-02-330-017, 02-255-010 AND 02-255-020)

Next, the Commission conducted the site plan review of the Westport Trails No. 3 residential plat, consisting of 35 single-family lots on approximately 55 acres located on the east side of 9th Street, immediately north of West Port Trails No.1 and east of West Port Trails No. 2. The subject property is situated in the "RR" and "R-2" Residence District zoning classification and consists of Parcel Nos. 3905-02-330-017, 3905-02-255-010 and 3905-02-255-020. .

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

Ms. Bugge explained the applicant's request using the overhead projector which displayed a map of the proposed subdivision, pointing out that Trayburne Trail would be constructed to the property line but would not have a cul-de-sac. She further stated that the Fire Department had reviewed the plan and found it acceptable, particularly in view of the fact that proposed lots 84 and 85 would access off Oakharbor Street, and there would be no driveway access off the proposed Trayburne Trail east of its intersection with Oakharbor Street.

The Planning Department's Report related that Section 290.201, subsections A through J appear to be fully complied with, and that a letter of recommendation from the Kalamazoo County Road Commission has been received, and that item K, a legal option of the ownership and use conditions and easements regarding the subject property, although it has not been received, is normally filed at the Step Three approval.

During Ms. Bugge's presentation, she pointed out that all streets are public, and Oakharbor Street is approximately 1,300 feet, exceeding the permitted 1,000-foot length. She noted that a variance from the Township Board would be necessary. Additionally, a variance would be necessary as Lots 89 and 90 exceed the 4-to-1 depth-to-width ratio.

During general discussion of the preliminary site plan, a question was posed as to whether the proposed walking trail would be a trail for bicycles as well. Mr. Steve Visser, one of the applicants, stated that it would be a difficult bicycle trail because of the drop of approximately 100 feet in elevation. Therefore, the proposed trail would be principally a walking trail.

Following several general questions and comments regarding the proposed private walking trail easement and its connection to the Kal Haven Trail, Chairperson Sikora asked if there were comments from members of the public, and he received none.

Ms. Garland-Rike moved that the Planning Commission recommend Step One approval of the proposed Westport Trails No. 3 Plat, noting that, while there is no cul-de-sac proposed to be constructed on Trayburne Trail, it should be required to be paved for its full length from Oakharbor Street easterly to its terminus at the property line, and proposed Lots 84 and 85 must have driveway access only onto Oakharbor Street. Variances are needed from the Township Board regarding the length of Oakharbor Street and the depth of Lots 89 and 90. All lots are subject to the Kalamazoo County Human Services Department finding them adequate for individual septic systems. A legal opinion of ownership must be provided to the Township. Ms. Everett seconded the motion. The Chairperson called for a vote, and the motion carried unanimously.

KALAMAZOO AREA CHRISTIAN RETIREMENT ASSOCIATION (AS EXPANDED) - REZONING - 23-ACRE PARCEL ALONG PARKVIEW AVENUE - (PARCEL NOS. 3905-25-385-012, 3905-25-355-030, 3905-25-355-010, 3905-25-355-025, 3905-26-490-031 AND 3905-25-355-021)

Planning Director Stefforia introduced the request for a rezoning, giving a general background and a complete Township Staff Report, which is incorporated herein by reference. Ms. Stefforia reviewed the criteria for consideration. It was noted that water is available in the street to serve the applicants in the proposed development for senior housing and/or apartments. It was also noted that, when the Planning Commission received the request for the proposed rezoning, it expanded the area under consideration to include all parcels between two existing areas of "R-4" zoning that are currently zoned "R-2" Residence District but master planned for multi-family residential. The boundaries of the area were reviewed.

Chairperson Sikora asked if there were questions from the Planning Commission members, and he received none.

Mr. Howard Overbeek, architect, addressed the Commission explaining that the immediate project he is working on with the applicants is expanding an existing building. Mr. Overbeek also explained that there is no fully developed plan for the remainder of the applicant's parcel.

Chairperson Sikora asked Planning Director Stefforia if she had received comments from any interested citizens or owners of the other parcels which were included in the rezoning as a result of the Planning Commission direction. Planning Director Stefforia responded that no comments have been received.

Chairperson Sikora then reviewed the criteria for rezoning approval as set forth in the Township Staff Report.

Ms. Everett again inquired about whether any communications have been received or contact had with the properties added to the request which includes several utility parcels. Planning Director Stefforia responded that there has been no contact; however, she did mail a letter two weeks prior to the owners of the kennel and residences in the expansion area.

Ms. Garland-Rike stated that, in her opinion, the Commission should be mindful that in rezoning this large parcel it is opening up an area to multiple family which might encourage other persons to seek rezoning to the "R-4" District. Planning Director Stefforia commented that the area in question is, in fact, designated as "R-4" Multiple Family in the Township's Master Land Use Plan.

Ms. Heiny-Cogswell stated that she supports the rezoning in principle, but does believe it is important that the Planning Commission plan carefully for expanded multiple family use in the Township.

Ms. Everett asked the applicant if they own all of the property for which they applied for rezoning. The applicant responded yes.

The Chairperson asked for further discussion as to the pleasure of the Commission.

Mr. Ahrens moved to recommend rezoning of all parcels for the reasons set forth and in the Township Staff Report which is incorporated in these minutes. Mr. Larson seconded the motion. The Chairperson called for a vote, and the motion carried unanimously.

MAPLE HILL AUTO GROUP - SPECIAL EXCEPTION USE AMENDMENT - SITE PLAN REVIEW - 5622 WEST MAIN STREET - (PARCEL NO. 3905-13-180-035)

Ms. Bugge, Township Planner, reviewed the request for a special exception use amendment and site plan review. Ms. Bugge also indicated that a letter from Goodrich Quality Theaters in favor of the proposed amendment and site plan had been received by the Planning Department.

Mr. Turcott inquired as to the ownership of the storm water retention pond located to the immediate north of the subject property. Ms. Bugge responded that it is owned by Evergreen North and an adjacent property.

Ms. Bugge then reviewed the Township Staff Report in detail and handed out to the Commission members an inadvertently omitted page 5. The Township Staff Report is incorporated in these minutes by reference. Car dealership operations are required to meet building setbacks; however, the applicant was proposing only a ten-foot setback. Therefore, a variance request to the Zoning Board of Appeals would be required.

Chairperson Sikora asked if there is a record of the number of variances which this parcel has been granted. Planning Director Stefforia stated that the variances have been necessitated by the size limitations of the subject property.

Mr. Jim VandenBerg, representing Maple Hill Auto, used an aerial photo of the subject property to demonstrate its current development and to point out the area of the existing retention pond which is proposed to be moved underground to provide badly needed parking space. It was noted that Cole Gilmore, an automobile dealership in the City of Portage located on Westnedge Avenue, has built an underground retention system which works well and has many advantages over an open retention pond.

Mr. VandenBerg, General Manager of Maple Hill Auto, addressed the Commission, explaining the need for limiting the setback area to ten feet because of size constraints. He pointed out that evergreen trees on adjacent property now provide screening on the northerly property boundary.

Mr. Dan Lewis, the Engineer/Designer for the proposed underground water retention system, presented a large drawing of the storm water catch basin system with a sediment collection system. The advantages of reducing polluting oils and other parking lot run-off was explained in detail. Mr. Lewis stated that the proposed system is designed to accommodate rainfall events approximating a 100-year storm, and in such an event, the system design called for a two-foot free board, that is, even after a very large storm, there would be at least two feet between the water and the top of the system.

Ms. Heiny-Cogswell inquired as to the size of the additional parking area. Mr. VandenBerg responded that it would be approximately 100 feet east and west and approximately 200 feet north and south.

Inquiry was made about the fence which exists near the easterly boundary of the present storm water retention pond. Mr. VandenBerg responded it would be removed.

A general discussion followed regarding landscaping in the area and the proposed lighting. Township Planner Bugge inquired if the underground storm water retention system and above ground parking would require additional grading in the area. Mr. VandenBerg responded no.

Mr. Larson asked about the difference in elevation between the property on the west side of the present retention pond and the finished elevation of the parking lot. Mr. VandenBerg responded that they would be relatively equal, although there might be a slight change in elevation at that location.

The Chairperson asked if there were comments from members of the public, and there were none.

A general discussion followed regarding the need for screening on the boundaries of the proposed parking lot/subterranean storm water retention area. During a lengthy discussion, it was noted that there are pine trees on the northerly boundary at the present time approximately 25 to 30 feet in height. Ms. Stefforia suggested that the Commission may wish to consider the landscaping on the westerly and southerly boundaries of the proposed parking lot and reserve the need for additional screening on the northerly boundary if it is warranted in the future by change in circumstances.

A general discussion regarding appropriate lighting followed, during which Mr. VandenBerg indicated that there were three flood lights presently on site which are grandfathered.

Mr. Larson commented upon the fact that he felt that the site plan as presented did not have as complete detail as he would like to see.

During further discussion, it was noted that the underground storm water retention and filtering system is of standard design. Ms. Garland-Rike commented on the need for appropriate plantings to provide desirable landscaping and screening. A general discussion of appropriate planting material followed.

Ms. Heiny-Cogswell stated that she would support deferring the landscaping plan on the north side of the proposed parking lot, and that on the west side of the parking lot, there would be approximately a three-foot difference in elevation between Friday's drive and the applicant's parking lot. Therefore, in her opinion, some plantings were warranted on the west and south sides. Type B plantings with the addition of one shrub every 20 feet were proposed.

It was moved by Ms. Heiny-Cogswell that the Planning Commission grant special exception use approval based upon the discussion of the Commission and the Report of the Planning Department incorporated in these minutes. It was further moved that the proposed expansion and development of the storm water retention system and additional parking would be in keeping with the Ordinance provisions. Moreover, suitable planting and landscaping must be incorporated into the design. Ms. Cogswell stated that her motion for approval would be subject to the condition that the Township Engineer finds the storm water system adequate to handle the anticipated storm water and that appropriate ongoing maintenance and inspection of the facility occur. All lighting shall be installed in compliance with the Zoning Ordinance The motion was seconded by Mr. Ahrens. The Chairperson called for a vote, and the motion passed unanimously.

Next, the Planning Commission took up consideration of the proposed site plan as submitted. The focus of attention centered upon the necessary screening. Ms. Heiny-Cogswell moved that the Commission approve the site plan as submitted, subject to the following conditions:

1. That landscaping on the north boundary line of the proposed parking lot be deferred pending a change in circumstance, such as, if 50% or more of the existing pine trees die or are removed.

2. That on the west and south sides of the proposed parking lot, Type B landscaping be installed with additional shrubbery at the rate of one per 20 feet. A landscaping plan must be submitted for Township Staff review and approval.

3. That the revised site plan be subject to Township Engineer review and approval.

4. That the applicant submit a completed Hazardous Substance Reporting form.

5. That parking meet the requirements of Section 68.000 of the Ordinance.

6. That setbacks must be in conformance with Section 31.403(d) or a variance granted.

7. That photometric data and light fixture details shall be submitted for review and approval by Township Staff.

8. That appropriate inspection and maintenance of the storm water facility shall be followed in order to assure its long-term viability.

9. That approval is subject to Township Fire Department review and approval.

Ms. Everett seconded the motion. The Chairperson asked for further discussion, and there being none, he called for a vote. The motion passed unanimously.

OTHER BUSINESS

TEXT AMENDMENTS TO CORRECT TYPOGRAPHIC CHANGES TO SECTION NUMBERS REQUIRED BY CHANGES IN THE ZONING ORDINANCE

Township Planner Mary Lynn Bugge passed out the proposed text amendments which are designed to correct typographic errors in section numbers and restoring Section 24.207 Crematories inadvertently removed. Following brief review, it was moved by Ms. Everett and seconded by Ms. Heiny-Cogswell that this matter be placed on the Agenda for public hearing on April 24, 2003. The Chairman called for a vote, and the motion passed unanimously.

CHANGE OF AUGUST MEETING DATES

A general discussion followed regarding the August meeting dates due to the conflict in the schedules of the Planning Director and some members of the Planning Commission. Following a brief discussion, it was moved, seconded and unanimously carried that the August meeting dates of the Oshtemo Charter Township Planning Commission be established as August 7 and August 21, 2003.

ADJOURNMENT

There being no further business to come before the Planning Commission, the meeting was adjourned at approximately 9:15 p.m.

OSHTEMO CHARTER TOWNSHIP
PLANNING COMMISSION

By:
Kathleen Garland-Rike, Secretary
Minutes prepared:
April 1, 2003
Minutes approved:
, 2003