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OSHTEMO CHARTER TOWNSHIP

ZONING BOARD OF APPEALS

September 23, 2003

Agenda

MARKETING TECHNOLOGY SERVICE, INC. - SITE PLAN REVIEW - 4100 SOUTH 7TH STREET - (PARCEL NO. 3905-34-185-035)

BELLE TIRE - SITE PLAN REVIEW - 6780 WEST MAIN STREET - (PARCEL NOS. 3905-14-155-070 AND 3905-14-155-060)

SEECO COMMERCIAL PARK UNIT #2 - SITE PLAN REVIEW - 606 NORTH 9TH STREET - (PARCEL NO. 3905-14-332-002)

A meeting was conducted by the Oshtemo Charter Township Zoning Board of Appeals on Tuesday, September 23, 2003, commencing at approximately 3:00 p.m. at the Oshtemo Charter Township Hall.

MEMBERS PRESENT:

Millard Loy, Chairperson
Dave Bushouse
Grace Borgfjord
James Turcott
Duane McClung
MEMBER ABSENT:
none

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

CALL TO ORDER

The meeting was called to order at 3:01 p.m.

MINUTES

The Board considered the minutes of the meeting of September 9, 2003. Ms. Borgfjord moved to approve the minutes as submitted, and Mr. Turcott seconded the motion. The motion carried unanimously.

MARKETING TECHNOLOGY SERVICE, INC. - SITE PLAN REVIEW - 4100 SOUTH 7TH STREET - (PARCEL NO. 3905-34-185-035)

The Board considered the application of Marketing Technology Service, Inc. for a site plan review and approval of a proposed 16,920 square foot building to be established at 4100 South 7th Street. The subject property is located within the "I-1" Industrial District and is Parcel No. 3905-34-185-035.

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

Ms. Stefforia noted that there were already an office and a pole-type building on the premises. The new building would house an expansion of the business which does research, development and testing for the paper industry. The 1,200 square foot storage building that exists at the site would be relocated to the north side if the proposed building is approved. Ms. Stefforia also noted that the existing buildings at the site predate the Township's site plan review process. Ms. Stefforia stated that the property is about five acres in size and heavily wooded outside of the areas used for building and parking. There is a significant drop-off on the southern half of the property which is used for natural storm water management.

No additional driveways were proposed; the existing drive would serve the site.

As to parking, only nine spaces were existing on the site. An additional eight were shown as future parking spaces. Ms. Stefforia stated that, based upon the square footage of the building and the Zoning Ordinance, approximately 33 spaces would be required. It was suggested that room for an additional 16 deferred spaces be indicated on the site plan so that it was demonstrated that 33 parking spaces could be accommodated at the site pursuant to Zoning Ordinance requirements. It was also noted that the applicant needed to provide details with regard to lighting fixtures. Any new signage would require a permit.

The Chairperson had questions regarding whether the building would require sprinkling. It was determined that, based upon the construction type of the building and the proximity to other buildings, sprinkling may not be needed, subject to the Building and Fire Codes.

The applicant was present and stated, as to parking, that he did not feel that 33 spaces would be needed. The applicant had a drawing evidencing where 16 deferred spaces could be located, if necessary. He noted that the proposed building would house a machine for prototyping. The machine was highly automated and did not use a lot of people. It was estimated only three people per shift would be needed. Mr. Hanson stated that there would be a maximum of 13 people at the site at any one time. The applicant indicated that he would be adding the eight "future" parking spaces with construction of the proposed building. Therefore, there would be 17 established on site. The 16 additional deferred spaces were shown on the revised plan.

The Chairperson had a question with regard to the loading dock, and the applicant explained how semis entering and exiting the site would be accommodated.

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

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

  1. That no additional driveways were proposed or approved. The existing drive would serve the site.

  2. That all parking comply with the approved site plan, that the plan show additional 16 deferred spaces, and that such spaces be constructed by the owner in the future, if needed, and/or when it is observed by the Township to be necessary.

  3. That details of all new exterior light fixtures be provided to the Township Staff for review and approval before any additional exterior lighting is added to the site. The details should include fixture style, wattage and mounting height.

  4. That, as to landscaping, the Township reserved the right to require perimeter and/or parking lot landscaping in the future should changes to the site make it appropriate to satisfy the intent of the landscaping provisions of the Ordinance.

  5. That details of the dumpster enclosure must be provided to Township Staff and approved.

  6. That the approval is subject to Township Fire Department review and approval pursuant to adopted codes.

  7. That approval is subject to Township Engineer review and acceptance that site engineering is adequate.

  8. That no new signage be placed on site without compliance with Zoning Ordinance sign provisions.

The motion was seconded by Mr. McClung, and it carried unanimously.

BELLE TIRE - SITE PLAN REVIEW - 6780 WEST MAIN STREET - (PARCEL NOS. 3905-14-155-070 AND 3905-14-155-060)

The Board considered the application of Belle Tire, Inc. for site plan review and approval of a proposed 9,530 square foot retail tire building with service bays to be located at 6780 West Main Street. The subject site is located within the "C" Local Business District and consists of Parcel Nos. 3905-14-155-070 and 3905-14-155-060.

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

Ms. Stefforia stated that the proposed store would be located on the northwest corner of West Main Street and 9th Street and involves two outlets in front of the Menards store. She stated that, although the proposed site consists of two parcels, a one-lot plat might be created on the north half of the northern outlot in the future since Belle Tire needed only 1-1/2 of the outlets to accommodate the new store and related parking. However, she stressed that the one-lot plat was not required unless the land is to be sold separately from the Belle Tire property.

As to access, the site would not have direct access on West Main or 9th Street. It is proposed that a right-in only drive off the West Main Street entrance drive into the Menards development would serve the site. A full movement drive would be established off the main east/west service drive. Ms. Stefforia stated that the proposed arrangement was acceptable to Township Staff due to the nature of the use as a tire store. However, if the use changed to a more intensive one, it might be necessary to close the right-in only drive. Moreover, Ms. Stefforia stressed that, if violations of the right-in design occurred regularly, or accidents occurred at the West Main Street intersection as a result of the driveway, Township Staff would like to reserve the right to close the right-in drive.

The applicant was showing 47 parking spaces which exceeded Township requirements. Township setback requirements were met, and the lighting complied with Ordinance standards. It was expressed that one light pole and the proposed ground-mounted sign were located within existing sanitary sewer easements. Therefore, there would need to be an agreement between the applicant and the Township concerning the placement of these items within the easement and holding the Township harmless. The Township Attorney noted that this would require the applicant agreeing to move the sign or light pole in the event necessary for work in the sanitary sewer easement at their cost.

Jamie Dyer was present on behalf of the applicant. He indicated that information requested by the Engineer had been submitted.

The Chairperson called for public comment, and Ms. Stefforia stated that a letter had been received from Pam Larson, a resident of North 8th Street, expressing concern about the effects of lighting on the night sky. She wanted to hold the applicant to the minimum footcandles possible. There was no other comment, and the public hearing was closed.

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

  1. That there be no direct access to West Main Street or 9th Street. The proposed right-in only drive was approved. However, the Township reserved the right to require its closure in the event that motorists were violating the right-in design, there was a change in use on the subject outlot or safety problems with regard to the Menards development entrance resulted from the drive. It was required that "do not enter" signs and pavement markings be established pursuant to the approved site plan before a certificate of occupancy was granted.

  2. That all site lighting must comply with the provisions of Section 78.700.

  3. That all signs must comply with Section 76.000 and be reviewed and approved through the permit process.

  4. That the applicant enter into an agreement with the Township, acceptable to the Township Engineer and Township Attorney, which holds the Township harmless for placement of any structure within the existing sanitary sewer easements. This Agreement must be fully executed before any structure is placed within the easement area.

  5. That the dumpster enclosure and gate must be maintained in good condition at all times.

  6. That landscaping along the north side of the improved area of the site should be revised to reflect the future cross-access arrangement. Further, the site must be landscaped consistent with the revised landscaping plan, which is subject to review and approval by the Planning Department. Further, landscaping must be installed pursuant to the approved plan prior to issuance of a certificate of occupancy, or a performance guarantee consistent with Section 82.950 must be provided to the Township.

  7. That approval is subject to the review and approval of the Township Fire Department.

  8. That site approval is subject to the review and acceptance by the Township Engineer that site engineering is adequate.

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

SEECO COMMERCIAL PARK UNIT #2 - SITE PLAN REVIEW - 606 NORTH 9TH STREET - (PARCEL NO. 3905-14-332-002)

The Board considering the application of Three "M" Properties, LLC, for a site plan review and approval of a proposed 6,000 square foot commercial building to be located at 606 North 9th Street. The subject property is within the "C" Local Business District and is Parcel No. 3905-14-332-002.

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

Ms. Bugge noted that there would be no direct access to 9th Street. The facility would be served by the existing service drive between 9th Street and Seeco Drive. The principal driveway for customers would access the service drive at the southeast corner of the site. Further, cross-access between Units 1 and 2 was provided.

The applicant was expecting the building to house three tenants in the future.

As to parking, based upon usable floor area, approximately 36 parking spaces were required. The site plan provided for 37 spaces. Four of the spaces were 8'x23' parallel parking spaces on the south side. Ms. Bugge stated that the Staff was comfortable with granting a deviation to allow the four parallel parking spaces as proposed, and a 12-foot-wide access aisle for deliveries on the east side of the building, with the condition that the aisle be signed for one-way traffic.

Ms. Bugge noted that site lighting details needed to be provided for Staff review and approval. She stated that landscaping was being revised. Ms. Bugge reported that, when some of the landscaping for Unit 1 was placed, it was inadvertently located on Unit 2. The applicant would be maintaining this landscaping and adding supplemental landscaping to Unit 1. Township Staff suggested that the applicant be required to go through the Earth Change Permit process from the County Drain Commissioner.

Jamie Dyer was present on behalf of the applicant. He stated that it was the intent of the applicant to conform to landscaping provisions so that each unit could stand alone.

In response to questions from Mr. Turcott, the applicant stated that the timetable for breaking ground was mid-October.

Mr. Bushouse had questions concerning construction and flooding from the leaching pond. The applicant stated that sediment had been removed from the original pond when Unit 1 was developed, and an overflow connection between the pond and adjacent property was established. Therefore, the applicant believed that flooding would not be a problem.

As to the three tenants, Ms. Borgfjord suggested that they be subject to Township Staff review to determine that parking continued to be adequate.

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

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

  1. That the facility be served by the existing service drive between 9th Street and Seeco Drive.

  2. That a deviation to allow four parallel parking spaces and a 12-foot aisle for deliveries was granted with the condition that the aisle be signed for "one-way" traffic.

  3. That all site lighting comply with Section 78.700 and that fixture details be provided to Township Staff for review and approval.

  4. That a sign permit pursuant to Section 76.000 be obtained before any identification signs are placed on the property.

  5. That a deviation for use of evergreen trees on the north green space of Unit 2 be approved, provided that Unit 1 is brought into compliance with its approved site plan. Further, a revised landscaping plan must be submitted to the Township Staff for review and approval. All required landscaping must be installed pursuant to the approved site plan before occupancy is permitted, or a performance guarantee consistent with Section 82.950 must be provided. Further, one triangular area adjacent to the southeast parking aisle must be designed as green space and protected from encroachment by vehicles as indicated in Section 75.140 (B).

  6. That approval was subject to the review and approval and conditions imposed by the Township Fire Department pursuant to adopted codes.

  7. That approval was subject to the Township Engineer finding the proposed site engineering to be adequate.

  8. That the applicant obtain an Earth Change Permit from the Kalamazoo County Drain Commissioner's office before earth-moving activities are commenced.

  9. That all tenants are subject to Township Staff review for parking adequacy.

Ms. Borgfjord seconded the motion, and the motion carried unanimously.

OTHER BUSINESS

Ms. Borgfjord moved to change the December meeting date from December 23, 2003, to December 16, 2003. Mr. Turcott seconded the motion, and the motion carried unanimously.

ADJOURNMENT

There being no further business to come before the Board, the meeting was adjourned at 3:55 p.m.

OSHTEMO CHARTER TOWNSHIP ZONING BOARD OF APPEALS

By: Millard Loy, Chairperson
By: Grace Borgfjord
By: Dave Bushouse
By: James Turcott
By: Duane McClung

Minutes Prepared: September 29, 2003

Minutes Approved: xxxxx , 2003