OSHTEMO CHARTER TOWNSHIP

PLANNING COMMISSION

May 13, 2004

Agenda

COLLEGIATE PARTNERS 2000, LLC - REZONING REQUEST - PUBLIC HEARING - PARCELS AT SOUTHWEST CORNER OF STADIUM DRIVE AND DRAKE ROAD - (PARCEL NOS. 3905-25-285-011 AND 3905-25-285-021)

WEITEKAMP - SITE PLAN REVIEW - SITE CONDOMINIUM - 1251 NORTH 5TH STREET - (PARCEL NO. 3905-16-105-046)

"C-R" LOCAL BUSINESS DISTRICT, RESTRICTED UPDATE - WORK ITEM

VARIOUS AMENDMENTS TO THE ZONING ORDINANCE - WORK ITEM

A meeting was conducted by the Oshtemo Charter Township Planning Commission on Thursday, May 13, 2004, commencing at approximately 7:00 p.m. at the Oshtemo Charter Township Hall.

MEMBERS PRESENT: Neil G. Sikora, Chairperson
Deborah L. Everett
Lee Larson
Terry Schley
Kathleen Garland-Rike

MEMBERS ABSENT: Mike Ahrens
James Turcott

Also present were Jodi Stefforia, Planning Director; Mary Lynn Bugge, Township Planner; Patricia R. Mason, Township Attorney; and ten 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. Schley seconded the motion. The motion carried unanimously.

MINUTES

The Planning Commission considered the minutes of the meeting of April 8, 2004. Mr. Larson moved to approve the minutes as submitted, and Ms. Everett seconded the motion. The motion carried unanimously.

COLLEGIATE PARTNERS 2000, LLC - REZONING REQUEST - PUBLIC HEARING - PARCELS AT SOUTHWEST CORNER OF STADIUM DRIVE AND DRAKE ROAD - (PARCEL NOS. 3905-25-285-011 AND 3905-25-285-021)

The Planning Commission considered the rezoning request for two parcels at the southwest corner of Stadium Drive and Drake Road from the "R-5" Residence District to the "C-R" Local Business District, Restricted. The Parcel Nos. are 3905-25-285-011 and 3905-25-285-02l. The report of the Planning Department is incorporated herein by reference. Ms Stefforia noted that the two properties are considered at the "gateway" into the Township. The parcels are within the Century-Highfield Focus Area. The Focus Area Plan recognizes the unique characteristics of the area and envisions a coordinated and planned approach to non-residential uses. She also noted that the "C-R" Commercial District was drafted as an implementation tool for this Focus Area. Therefore, the proposed rezoning was in keeping with the Master Land Use Plan. She reviewed the zoning and land use adjacent to the subject property.

As to the criteria regarding rezoning, she again reiterated that the proposed rezoning was in keeping with the Township's Master Land Use Plan. As to whether the proposed rezoning would severely impact traffic, public facilities and the natural characteristics of the surrounding area, or significantly change population density, she felt that these would not be negatively impacted. It was also noted that the intersection of Stadium Drive and Drake Road is a busy one. However, access would be limited and designed in compliance with the Access Management Guidelines. Population density would be reduced when the existing mobile home community was replaced with a commercial development consistent with the "C-R" District.

It was felt that the proposed rezoning would not constitute a spot zone since it was consistent with the Master Land Use Plan. Further, the proposed rezoning would not be contrary to the established land use pattern in the area, which was mixed. It was felt that, if the proposed rezoning was approved, it might stimulate similar rezonings in the vicinity. However, this would be considered appropriate since the Focus Area Plan called for "C-R" zoning in this area.

As to whether there was a change in conditions in the surrounding area which would support the proposed rezoning, Ms. Stefforia pointed to the University's BTR Park down the street. Further, the existing uses of the property were inconsistent with the Master Land Use Plan.

The Chairperson had a question regarding the change as proposed to the "C-R" District which were being discussed subsequently in the agenda. It was noted that it was being considered that all uses would be "special exception uses" within the zoning district. Ms. Stefforia stated that any development application would have to meet the criteria of the "C-R" District, which was adopted and in force at the time of the development request.

Greg Taylor was present on behalf of the applicant. He stated that he was available to answer questions.

The Chairperson asked for public comment, and Mark Hoffman distributed letters and a wellhead protection area topographical map concerning water pumping stations 11 and 12. He stated that he was a part of the Asylum Lake Preservation Association. He recounted the history of the property in question along with the Colony Farms and Lee Baker farm property. He noted the restrictive covenants on those two properties. He stated that the existing mobile home park had a significant impact on the wellhead including sewage seepage into Asylum Lake.

In his opinion, the Asylum Lake watershed was improving, and further improving and protecting this area was critical. He stated that he was asking for three things: (1) that the wetlands and the watershed not be further filled; (2) that the stormwater water be managed on site within a development plan; and (3) any development be buffered so it would not negatively impact on adjacent parcels.

Patricia Klein commented that she was also very concerned about Asylum Lake and was also a part of the Asylum Lake Preservation Association. She emphasized that treatment of stormwater water was not sufficiently protective of wetlands currently. She felt that any more stormwater water dumping into Asylum Lake would be a problem. She hoped the Planning Commission would keep the preservation of this area in mind when it considered the rezoning.

David Nesius stated that he was a Board member of the Asylum Lake Preservation Association. He agreed with prior speakers and felt that the Planning Commission should consider the Asylum Lake Preservation in considering the rezoning.

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

The Chairperson asked about whether the Planning Commission should consider Asylum Lake preservation at the rezoning stage, or whether this kind of consideration should be made at the time of site plan review. The Township Attorney noted that the Planning Commission should consider the issue as far as it concerned the second criteria to be analyzed in rezoning requests, i.e., whether the proposed rezoning would severely impact the natural characters of the surrounding area. However, the Attorney noted that the Planning Commission might conclude that the "C-R" District would better protect the natural characteristics since it would require special exception use approval.

Mr. Schley agreed that the "C-R" District would be better and more protective of the natural characteristics of the surrounding area than the current "R-5" zoning. Ms. Garland-Rike agreed and stated further that she felt the Planning Commission should keep the comments of the members of the public in mind when considering a special development proposal for the site in the future.

Ms. Garland-Rike moved to recommend approval of the rezoning for the two subject parcels from the "R-5" to the "C-R" Local Business District, Restricted. Mr. Schley seconded the motion, and the motion carried unanimously.

WEITEKAMP - SITE PLAN REVIEW - SITE CONDOMINIUM - 1251 NORTH 5TH STREET - (PARCEL NO. 3905-16-105-046)

The Planning Commission considered the application of Patrick and Mary Weitekamp for site plan review of a proposed two-unit site condominium project. The subject property is located at 1251 North 5th Street within the "RR" Rural Residential District zoning classification. The property is Parcel No. 3905-16-105-046. The report of the Planning Department is incorporated herein by reference.

Ms. Bugge noted that the applicants were proposing to create a residential site condominium consisting of two units on approximately 11 acres of land. One proposed unit would be on 1.2 acres, and the second unit would be located on 9.7 acres. Unit 1 would contain the existing dwelling, the well and septic system, and Unit 2 would be vacant and intended for future development. Each unit was proposed to have direct access to North 5th Street. It was noted by Ms. Bugge that the proposed site condominium would be subject to Kalamazoo County Road Commission approval. Since each site would be served by well and septic, any approval should be subject to the review and approval of the Kalamazoo County Human Services Department.

Ms. Bugge stressed that each proposed unit meets and Township's dimensional requirements for sites within the Rural Residential District. Each exceeded the minimum width of 100 feet and a minimum area of one acre. Each unit also met the depth-to-width ratio requirements of the Ordinance. Ms. Bugge reviewed the criteria of site plan review in Section 82.800.

The applicants were present and stated that they would like to sell the acreage that included the house and plan to later build another home on the vacant unit. It was anticipated that this would occur within the next two to five years.

Ms. Bugge reminded the Planning Commission that, due to recent amendments to the Zoning Ordinance text, if approved by the Planning Commission, the proposal would also have to be approved by the Township Board.

In response to questions from the Chairperson, Ms. Bugge stated that the applicants would need to receive an amendment to this approval if more divisions were proposed in the future.

The Chairperson asked for public comment, and Georgia Coopes stated that she was a neighbor of the property. She was concerned about allowing another house next to her home site. Monica Whitmire stated that she also did not care for the idea of another house in the area. She was concerned about increased traffic and did not feel that another driveway on the street would be a good idea.

Mike Bullock Olech had questions with regard to whether the applicants could put in a public road in the future. It was noted that this would require 66 feet in width, but also require another approval by the Planning Commission.

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

Mr. Schley stressed that the Township had to abide by its current Ordinances, and he felt that there were "checks and balances" due to all of the approvals necessary.

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

(1) That approval was subject to the approval of the Township Board.

(2) That approval was subject to the Kalamazoo County Road Commission review and approval of the site condominium project.

(3) That approval was subject to the Kalamazoo County Human Services Department finding that the development was suitable for well and septic.

(4) That approval was subject to Township Staff review, including Township Attorney review of the Master Deed and Bylaws and finding them acceptable prior to their recording. This included the Exhibit B drawing made by a surveyor.

Mr. Larson seconded the motion.

Mrs. Whitmire stated again that she recommended against the proposed motion.

Upon a vote on the motion, the motion carried unanimously.

"C-R" LOCAL BUSINESS DISTRICT, RESTRICTED UPDATE - WORK ITEM

The Planning Commission considered Draft #2 of proposed amendments to the "C-R" District. The report of the Planning Department is incorporated herein by reference. Ms. Stefforia stated that there had been minor changes from Draft #1. She reviewed those changes. Ms. Stefforia stated that the proposed revisions to the "C-R" District were not "a complete rewriting" of the District.

There was discussion of the wetlands protection and stormwater water issues, and Board members agreed that they felt that the Township would be better able to "pay attention" to these issues in the "C-R" District. Ms. Garland-Rike had questions concerning landscaping requirements, and it was noted that Section 75 allows for heightened landscaping in a special exception use permit approval.

Mr. Larson moved to schedule a public hearing on the proposed text amendments for the meeting of June 10, 2004. Ms. Everett seconded the motion, and the motion carried unanimously.

VARIOUS AMENDMENTS TO THE ZONING ORDINANCE - WORK ITEM

The Planning Commission considered Draft #3 of proposed amendments to various sections of the Zoning Ordinance. The report of the Planning Department is incorporated herein by reference. Ms. Bugge stated that she had made changes to the text as suggested by the Planning Commissioners at the previous meeting. She reviewed the changes made.

After further discussion, Mr. Larson moved to schedule a public hearing on the proposed text amendments for June 10, 2004. Mr. Schley seconded the motion, and the motion carried unanimously.

Discussion Item: Utility Maps in the Master Land Use Plan

Ms. Stefforia noted that there would be a need to update utility maps to be included in the Master Land Use Plan. Attorney Porter was working with Engineer Marc Elliott, and this would be brought to the Planning Commission at a future meeting.

Rezoning Request: Stadium Drive

It was noted that an application had been made for rezoning of Parcel No. 3905-26-480-020, which is located at 6203 Stadium Drive. The site is the vacant Sherwood Manor nursing home facility. It was requested that rezoning be made from the "R-4" Residence District to the "VC" Village Commercial District. Therefore, the request was in keeping with the Future Land Use Map of the property which was located in the Village Focus Area. Since the property to the west is zoned "VC", and the properties located to the east and south are zoned "R-4" and used for multi-family purposes, no expansion of the area under consideration was suggested by Township Staff.

Ms. Everett moved to schedule a public hearing on the proposed rezoning for June 10, 2004. Mr. Larson seconded the motion, and the motion carried unanimously.

Planning Commissioner Comments

The Chairperson reviewed the agenda for the May 18, 2004 joint meeting of the Township Board, Planning Commission and Zoning Board of Appeals.

ADJOURNMENT

There being no further business to come before the Planning Commission, the meeting was adjourned at 8:16 p.m.

OSHTEMO CHARTER TOWNSHIP
PLANNING COMMISSION
By:
Kathleen Garland-Rike, Secretary
Minutes prepared:
May 17, 2004
Minutes approved:
, 2004