OSTLOGOL.GIF (2116 bytes)

OSHTEMO CHARTER TOWNSHIP

ZONING BOARD OF APPEALS

September 16, 2002

Agenda

LANGELAND FAMILY FUNERAL HOMES - SITE PLAN REVIEW - 3926 SOUTH 9TH STREET- (PARCEL NOS. 3905-35-185-020, 3905-35-330-011 and 3905-35-305-010)

VERHAGE FRUIT FARMS - SIGN DEVIATION - 8619 WEST ML - (PARCEL NOS. 3905-28-330-010 AND 3905-29-130-041)

BUCKHAM WOODS CONDOMINIUM - AREA, WIDTH AND SETBACK VARIANCES - VACANT 30 ACRES EAST OF BUCKHAM HIGHLANDS (PARCEL NO.3905-23-210-010)

A meeting was conducted by the Oshtemo Charter Township Zoning Board of Appeals on Monday, September 16, 2002, commencing at approximately 3:00 p.m. at the Oshtemo Charter Township Hall.

MEMBERS PRESENT: Millard Loy, Chairperson
Stanley Rakowski
Grace Borgfjord
Duane McClung
Dave Bushouse

MEMBERS ABSENT: None

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

CALL TO ORDER

The meeting was called to order at 3:03 p.m.

MINUTES

The Board considered the minutes of the meeting of August 19, 2002. Mr. Rakowski moved to approve the minutes as submitted, and Ms. Borgfjord seconded the motion. The motion carried unanimously.

LANGELAND FAMILY FUNERAL HOMES - SITE PLAN REVIEW - 3926 SOUTH 9TH STREET- (PARCEL NOS. 3905-35-185-020, 3905-35-330-011 and 3905-35-305-010)

The Board considered the application of Langeland Family Funeral Homes for a site plan review of a proposed funeral home to be built at 3926 South 9th Street. The subject property is located in the "R-4" Residence District zoning classification and is Parcel Nos. 3905-35-185-020, 3905-35-330-011 and 3905-35-305-010.

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

Ms. Bugge stated that the proposed building would be approximately 9,705 square feet. The property in question is located on the west side of 9th Street, south of Flescher Field, and consists of three parcels containing approximately 36 acres. The proposed building would encompass more than one parcel, and the southwest parcel is landlocked. Therefore, Ms. Bugge was suggesting that the parcels be combined as a requirement of site plan approval.

The applicant is envisioning future development for the balance of the property. Therefore, future parcel lines were indicated so that the proposed funeral home could be reviewed as if it were on a stand-alone parcel. When the property division occurs for future development, recorded easements for the off-site access drive and retention pond will be necessary.

Ms. Bugge pointed out that the driveway access to the property had been aligned with Valley Industrial Drive. This will permit the installation of a traffic light in the future if sufficient traffic volume is generated. The funeral home's access to the driveway is indicated in a temporary location and subject to re-evaluation when the balance of the property is developed.

It was noted that the existing sidewalk along 9th Street will be re-located where necessary. The applicant will need to provide an easement to the Kalamazoo County Road Commission to accommodate the re-location.

Ms. Bugge reviewed the criteria of Section 82.800. She noted specifically that the landscaping to be established must be pursuant to the Ordinance and that several large trees will be preserved. Some revision to the type of plant materials provided is necessary. There was a need for further lighting plan details as to lighting along the 9th Street driveway. Additionally, detail on the trash receptacle was needed.

Mr. Bushouse had questions with regard to the use of globe lights, and it was indicated that, since these lights were below 15 feet in height, they would comply with Ordinance standards.

Chris Griffiths, on behalf of the applicant, was present, noting that the applicant was not requesting any variances. He stated that Norm Langeland, owner, was also present, along with Doug Dingwall, the Engineer.

Mr. Griffiths stated that information on additional lighting along the 9th Street driveway would be provided. This lighting would be similar to the lighting on the remainder of the site. As to the trash receptacle, Mr. Griffiths stated that the "trash can" would be located within the building until the day of trash pick-up. If volume warrants, a dumpster and location would be established later. He noted that the deceleration lane and alignment of the access drive with Valley Industrial Drive were done pursuant to Road Commission request.

The Chairperson had questions with regard to the depth of the retention pond. Mr. Dingwall said that the west retention pond was approximately four feet deep and would not be fenced. The east pond was two feet in depth and would take run-off from the boulevard. The northeast corner pond was also approximately two feet in depth. There was a swale connecting the east and west ponds.

Ms. Stefforia asked whether the light fixtures would be mounted on concrete bases to protect them from cars. The applicant indicated that they would not be. However, those in the parking area would have a "car stop" placed in front of them.

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

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

(1) That access to the property would be from 9th Street via a driveway aligned with Valley Industrial Drive. The driveway is subject to receipt of a permit from the Kalamazoo County Road Commission.

(2) That the placement of driveway in the southeast corner of the building site is subject to re-evaluation when the balance was developed.

(3) That parking lot layout and spaces must conform to the requirements of Section 68.000.

(4) That approval is subject to the combination of the three parcels by a recorded document.

(5) That approval is subject to the submission of a lighting plan for the 9th Street driveway. All site lighting must comply with Section 78.700.

(6) That approval is subject to the submission of sign details for review and approval through the sign permitting process. All signage must comply with Section 76.000.

(7) That landscaping must comply with Section 75.000 and must be installed before the certificate of occupancy is issued, or a performance guarantee must be provided in accordance with Section 82.950.

(8) That site plan approval is subject to the applicant satisfying the requirements of the Fire Department pursuant to the Township's adopted codes.

(9) That approval is subject to the applicant satisfying the requirements of the Township Engineer.

(10) That an earth change permit must be obtained from the Kalamazoo County Drain Commissioner before earth change activities begin.

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

VERHAGE FRUIT FARMS - SIGN DEVIATION - 8619 WEST ML AVENUE - (PARCEL NOS. 3905-28-330-010 AND 3905-29-130-041)

The applicant requested a deviation from the sign provisions of Section 76.000 to allow two special event signs to be located off the premises of the event that they advertise and to display said event signs for a period of more than 14 days. The proposed signs would be located at the corner of 8th Street and West Main Street and the corner of West ML and 8th Street.

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

Ms. Stefforia noted that the current sign provisions were adopted in 2000. All residential and agricultural land uses were allowed one special event sign not to exceed 32 square feet for up to seven calendar days per year. Commercial uses were allowed 14 days per year.

It was noted that the Cider Mill, owned by the applicant, had been conducting seasonal events annually for more than 40 years. However, in the last couple of years, the applicant had been using off-site signs. Therefore, the applicant was seeking a deviation as to the number of signs, as to their location and duration. Ms. Stefforia reviewed the criteria for deviation.

Mr. Bushouse noted that the State of Michigan had established signage for certain types of businesses which were of interest to tourists, for example, local wineries. He wondered whether the applicant could qualify for this type of signage.

Kelly Verhage Mallory, the applicant, was present. She stated that this Michigan program is known as "Michigan Logo". She had inquired into this program and had received approval from the State. The State signage would be located on M-43 and 4th Street. However, she was awaiting County approval for so-called trail blazer signs at ML and 4th Street.

Ms. Mallory stated that the signs were directional in nature. She was seeking three signs, one at M-43 and 4th, one at 4th and ML, and one at 4th and Stadium. She felt that this signage was necessary to direct, for example, school buses to her site. The Cider Mill conducts school tours, and school buses were having a hard time finding the site. She felt that directional signs were needed for this year from September 10 through October 31. She believed that she would receive County approval for the trailblazer signs prior to the 2003 season. She stated that her banner signs are approximately 3 feet x 5 feet.

Mr. Bushouse noted that he felt it was important to be consistent throughout the Township. He stated that other applicants had been denied off-site signage, but he was concerned that it did appear that the subject site required directional signs.

The Township Attorney stated that this applicant's request could be considered distinguishable from other applications in that it appeared the applicant would be approved for "governmental" signs directing tourists to the site, and therefore, approval of the application could be considered a temporary directional sign in advance of these governmental signs.

Ms. Bushouse moved to grant deviation to allow for three temporary directional signs through October 31, 2002, or the installation of the Michigan Department of Transportation signs, whichever comes first. Mr. Rakowski seconded the motion, and the motion carried unanimously.

BUCKHAM WOODS CONDOMINIUM - AREA, WIDTH AND SETBACK VARIANCES - VACANT 30 ACRES EAST OF BUCKHAM HIGHLANDS (PARCEL NO.3905-23-210-010)

The Board considered the application for a variance from the minimum building site area and width requirement and side setback requirement to allow condominium development where each condominium unit contains a small amount of land around the perimeter of the building beyond the building footprint. The site condominium building sites would not meet minimum area, width and side setback requirements. The subject property is the vacant 30 acres immediately east of Buckham Highlands within the "R-2" District and is Parcel No. 3905-23-210-010.

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

Gary Hahn, Engineer, along with Jim Beyer were present on behalf of the applicant. Mr. Hahn stated that the applicant is not trying to increase density at the site, and that in fact, the proposed development would have less density than allowed. He stated that the applicant was seeking a variance in order to allow flexibility in building footprint.

The Township Attorney stated that, from her conversations with Ms. Stefforia, the applicant could meet the requirements of the open space community provisions of the Ordinance. These provisions allowed for deviation, rather than variance, by the Planning Commission through the site plan review process for area, width and setback standards.

The Chairperson expressed concern that, if a variance were granted, it would set a precedent. After further discussion, the applicant said he would look at the open space concept and requested that the item be tabled.

Mr. Rakowski moved to table the application indefinitely, and Ms. Borgfjord seconded the motion. The motion carried unanimously.

ADJOURNMENT

There being no further business to come before the Board, the meeting was adjourned at 4:10 p.m.

O

SHTEMO CHARTER TOWNSHIP
ZONING BOARD OF APPEALS

By:
Millard Loy, Chairperson

By:
Stanley Rakowski

By:
Grace Borgfjord

By:
Dave Bushouse

By:
Duane McClung

Minutes Prepared:
September 17, 2002

Minutes Approved:
, 2002