PORT SHELDON TOWNSHIP PLANNING COMMISISON September 23, De Leeuw, Frantom, Monhollon, Petroelje, Stump, Timmer, Van Malsen

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1 PORT SHELDON TOWNSHIP PLANNING COMMISISON September 23, 2015 Van Malsen called the meeting to order at 6:03 p.m. PRESENT: De Leeuw, Frantom, Monhollon, Petroelje, Stump, Timmer, Van Malsen STAFF PRESENT: Andy Moore Motion by Timmer to approve the minutes of the August 26, 2015 meeting with a correction that Timmer was present, supported by DeLeeuw and carried. PUBLIC COMMENTS: No comments were made by the public. PUBLIC HEARING: 1. Special Use Application from Jeff Chiu of VCS Enterprises LLC to construct self-storage units at Stanton Street, parcel Van Malsen opened the public hearing. Jeff Chiu explained his application. a 9-unit storage building, and that most of the units are already spoken for/rented by family members. Moore went over his memo dated 9/16/15 of the site plan for this project. A revised site plan submitted shows the rear doors removed on units A and B. Page 2 of the revised site plan notes that there is no easement that grants access to 9245 US-31 (to the north) from Stanton Street, through Mr. Chiu s property. Zoning Administrator Nate Perton indicated in a written memo that he thought the applicant should add six additional feet of asphalt to the west of the building, to allow for adequate vehicle maneuvering. Mr. Chiu said that would be acceptable. Owners of neighboring 9245 U.S. 31, Tom and Karen Miersma stated that the previous owner did not clear up the easement issue and that Mr. Chiu indicated a willingness to work with them to get the easement in place. Van Malsen closed the public hearing. Monhollon noted that most requirements of the zoning ordinance had been met. Motion by Monhollon to approve the special use application and site plan from Jeff Chiu of VCS Enterprises LLC to construct self-storage units at Stanton Street, parcel with the following conditions: The applicant shall add an additional 6 of asphalt to the south and west loading areas. All outdoor lighting fixtures shall be downward facing and fully cut-off to the satisfaction of the Zoning Administrator. Landscaping shall be appropriately maintained and watered, with trees and bushes trimmed. Any dead or dying landscaping shall be replaced within one month, or as soon as possible if landscaping is killed or damaged during the winter months. The site shall be graded as needed to ensure that storm water flows as indicated on the site plan and to ensure there is no standing water or ponding on the site. Approvals from Ottawa County or MDOT, if needed, shall be obtained and provided to the Township. Support by Timmer and carried. 1

2 NEW BUSINESS: 1. PUD Application from Trout Creek Ventures Mgmt./Paul D Amato for 35 single family residential site condominium lots on parcel , 5800 Lakeshore Drive. Moore reviewed his memo dated 9/16/15 noting that a PUD must have either water and sewer or a private system; and that if the applicant wants to utilize well and septic systems they would be allowed 19 sites, not the proposed 35. Kelly Cavanaugh from Nederveld spoke about the application and read a statement from project manager Rick Pulaski from Nederveld. Moore noted that all the Planning Commission needs to do is schedule a public hearing for the next meeting as required by the Zoning Ordinance. Motion by Monhollon to set a public hearing on the PUD Application from Trout Creek Ventures Mgmt/Paul D Amato for 35 single family residential site condominium lots on parcel , 5800 Lakeshore Drive for October 28, 2015, supported by Stump and carried. UNFINISHED BUSINESS: 1. Special Use Application from Brad Vander Zwaag to mine sand a dig a 25 acre pond on parcels (Fillmore St.) and -017 (Stanton St.) owned by DC Land LLC. This was tabled at the July 22 and August 26, 2015 planning commission meetings. Moore reviewed the new site plan submitted 9/9/15 by applicant and reviewed his memo of 9/22/15, noting changes from previous applications. Changes are: 50 feet setbacks met, drive moved to west side of property, slopes are more gently graded, hydro report and information property values submitted by the applicant. Moore indicated he was not convinced that the applicant s property value research was an accurate comparison. Moore indicated that he talked to some appraisers who said yes, a sand mine project could affect property values, though it was not guaranteed. One appraiser suggested that the visual impact would/could affect the value of adjoining properties and that noise, dust, vibration are also factors in property values. Van Malsen read Perton s memo with his concerns about the project. De Leeuw asked applicant about the hauling route and staging of sand. Kelly Cavanaugh of Nederveld reviewed the updated site plan. Applicant not yet sure how they will pull sand out. Applicant indicated that they will have a water truck on site to control dust. Petroelje asked if there are buyers for the sand. De Leeuw asked about the private road to the south from Stanton St. Ms. Cavanaugh replied they will not build this road until after sand mining project is complete. Moore clarified that the commission is only reviewing the sand mine project at this time. De Leeuw asked how they can keep the noise down for the neighbors. Ms. Cavanaugh replied that most work will be done away from the homes and that the hours of operation have been adjusted. Van Malsen talked about the very serious consequences rules in the Michigan Zoning Enabling Act. Moore clarified the context of that statute and how it is applied. Ms. Cavanaugh said the concessions they have offered are in response to potential serious consequences and that with the reduction in size of the operation if could possibly be complete in 5.5 years depending on the market. She also noted that over the long term the pond and single family homes will have a positive impact on the community. Petroelje asked about the long range plan for this area, Moore replied that the Master Plan has the area with Multi-family PUD. Petroelje expressed concern about loss of desired density in the area where water/sewer is available? And that over 10 years this project will affect the neighbors. Monhollon asked about the money the township has invested in the water/sewer in that area to date. De Leeuw asked if we know the traffic count on U.S. 31. Township Supervisor Baumann said the Township has a bond of about $1.15 million on water/sewer in that area. Another person representing the applicants indicated that they felt that the sand mining will result in less traffic than a construction project would. Stump agrees with Petroelje that they are not opposed to mining, but not in this location with residences so close. DeLeeuw felt that it should be approved. 2

3 Motion by De Leeuw to approve the application. No one supported the motion, and it died for lack of a second. Van Malsen states at this point they can either deny it or table it for another month. Van Malsen notes that not one person who lives in the area supports the project. Motion by Monhollon to table until the October meeting, supported by Petroelje and carried. Van Malsen called for a brief (2-3) minute recess as audience members left the meeting. UNFINISHED BUSINESS: 2. Sandy Point Beach House site plan. Moore and Perton met with Cory Holleman from SPBH, Rick Uildriks, builder and Matt Phares from Nederveld on September 17, and received a new site plan on Sept 22. Moore reviewed the updated site plan and his memo. Commissioners were happy with the revised site plan. They discussed Moore s suggested conditions on approval of the site plan. Motion by Van Malsen to approve the site plan dated 9/22/15 with the following conditions: 1. The overflow or conceptual parking area shall be used as overflow parking only and may remain unpaved provided that it is kept in good condition and shall be constructed as shown on the site plan. If this area is to be used as a permanent parking lot or if the layout is to be modified, an amended site plan shall be filed with the Zoning Administrator. 2. If the overflow conceptual parking area is to be used as a permanent parking lot, it must be paved in accordance with the requirements of the Zoning Ordinance after Zoning Administrator review. 3. The applicant shall obtain all necessary permits prior to construction of the fence surrounding the overflow conceptual parking area. A driveway permit from the Ottawa County Road Commission may be needed for the entrance to the overflow conceptual parking area located on Tyler Street. 4. The applicant shall obtain additional building permits as necessary for the outdoor structures in the dining and waiting areas and any future structures located on the site. Such structures must be installed in accordance with the manufacturer s specifications, or the Township Building Code, to ensure proper and safe installation. 5. All aspects of the restaurant operation shall be conducted in accordance with this approved site plan dated 9/22/ If the overflow parking area is paved, additional storm water calculations and storm water management provisions may be required in accordance with Ottawa County standards. The Township may have a professional engineer review the site to ensure that storm water runoff is handled adequately. 7. Construction of the overflow conceptual parking area, fence and gates must commence within one year, in accordance with the Zoning Ordinance. An extension may be requested if the improvements shown on the site plan are not able to be completed within that time. No use of the conceptual overflow area is permitted until the fence is constructed and the gates are in place. 8. All other applicable local, County and State rules and regulations shall be followed. 9. The conceptual overflow parking area shall not be open for more than 12 hours at a time. Motion was supported by Petroelje and carried. 3

4 Moore provided commissioners with a draft zoning amendment to add some definitions pertaining to sewer systems and to clarify Sections 19.02(b) and 19.04(d) to address water and sewer requirements in a PUD. Motion by Frantom to set public hearing on the proposed amendment, supported by Stump and carried. Van Malsen adjourned the meeting at 8:13 p.m. Rachel Frantom, Secretary 4

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