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MINUTES THE CITY OF THE VILLAGE OF DOUGLAS PLANNING COMMISSION DOUGLAS CITY HALL Wednesday, January 11,, 2012 1. The meeting was called to order at 7:01 pm by Chairperson Balmer 2. Roll Call: Balmer, Burdick, Frey, Hurley, Pattison, Urquhart Also In attendance: Ryan Kilpatrick, Community/Economic Development Director Absent: Dugan 3. Approval of Minutes: from November 9, 2011 Motion by Urquhart, second by Burdick to approve the Minutes of the November 9, 2011 meeting as presented. Motion carries with unanimous voice vote. 4. Agenda Changes/Additions/Deletions Motion by Urquhart, second by Burdick, to approve the January 11, 2012 agenda as presented. Motion carries with unanimous voice vote. 5. Hear from the Audience No one wished to speak. 6. Written Communication None presented. 7. New Business: Preliminary Application for Planned Unit Development at West Shore Kilpatrick introduced the preliminary application for development of the West Shore Golf Course property reviewing the process for PUD approval. Kevin Einfield, BDR Douglas Property Development LLC and Jack Barr, Nederveld Associates presented a power point reviewing the eight (8) points for PUD eligibility criteria. Members had a brief discussion of the test plan with questions on open space, pedestrian paths, contaminates and buildable sloping lots. Motion by Urquhart with support from Frey to set an advisory preliminary public hearing for the West Shore property development on February 8 th during the regular Planning Commission meeting. Motion carries with unanimous voice vote.

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Page 1: MINUTES - Douglas, Michigan · MINUTES THE CITY OF THE VILLAGE OF DOUGLAS PLANNING COMMISSION DOUGLAS CITY HALL Wednesday, January 11,, 2012 1. The meeting was called to order at

MINUTES

THE CITY OF THE VILLAGE OF DOUGLAS PLANNING COMMISSION

DOUGLAS CITY HALL Wednesday, January 11,, 2012

1. The meeting was called to order at 7:01 pm by Chairperson Balmer

2. Roll Call: Balmer, Burdick, Frey, Hurley, Pattison, Urquhart

Also In attendance: Ryan Kilpatrick, Community/Economic Development Director Absent: Dugan

3. Approval of Minutes: from November 9, 2011 Motion by Urquhart, second by Burdick to approve the Minutes of the November 9, 2011 meeting as presented. Motion carries with unanimous voice vote.

4. Agenda Changes/Additions/Deletions Motion by Urquhart, second by Burdick, to approve the January 11, 2012 agenda as presented. Motion carries with unanimous voice vote.

5. Hear from the Audience No one wished to speak.

6. Written Communication

None presented.

7. New Business: Preliminary Application for Planned Unit Development at West Shore Kilpatrick introduced the preliminary application for development of the West Shore Golf Course property reviewing the process for PUD approval. Kevin Einfield, BDR Douglas Property Development LLC and Jack Barr, Nederveld Associates presented a power point reviewing the eight (8) points for PUD eligibility criteria. Members had a brief discussion of the test plan with questions on open space, pedestrian paths, contaminates and buildable sloping lots. Motion by Urquhart with support from Frey to set an advisory preliminary public hearing for the West Shore property development on February 8th during the regular Planning Commission meeting. Motion carries with unanimous voice vote.

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8. Hear from the Audience Mike Kauffman had questions on driveways and road setbacks. Fran Holub, 723 Golfview commented Lot 19 of the West Shore property plan will directly impact his backyard.

9. Unfinished Business: Discussion of R-5 Multi-family District Standards A special workshop meeting of the Planning Commission was considered before members decided to schedule the work session prior to the next regular meeting on February 8th at 6:00 pm. Kilpatrick encouraged members to come in for one-on-one conversation/education regarding the R-5 district standard guidelines for Multi-Family development.

10. Hear from the Audience

No one wished to speak.

11. Commissioner Comments Urquhart commented she expected to see information on the medical marijuana ordinance. Kilpatrick responded he will be scheduling a meeting of the subcommittee for next week before information is brought forward to the Planning Commission.

12. Adjournment Motion by Urquhart, second by Hurley, to adjourn the meeting at 8:25 pm. Motion carries with unanimous voice vote. Respectfully submitted, Jean E. Neve, City Clerk Approved by: ______________________________

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MINUTES

THE CITY OF THE VILLAGE OF DOUGLAS

PLANNING COMMISSION

DOUGLAS CITY HALL

86 W. CENTER STREET, DOUGLAS, MI

Wednesday, February 8, 2012, 7:00 P.M.

1. Call to Order: Meeting called to order at 7:00 PM by Chair Balmer

2. Roll Call: Members present- Balmer Dugan, Frey, Hurley, Pattison, Urquhart. Members

absent – Burdick. Also present Ryan Kilpatrick, Zoning Administrator.

3. Approval of Minutes

Planning Commission Regular Meeting Minutes of January 11, 2012.

Motion by Urquhart, with support from Hurley, to approve the minutes of January

11, 2012 as presented. Motion carried unanimously by voice vote.

4. Agenda Changes/Additions/Deletions

Motion to approve the Planning Commission Agenda of February 8, 2012 as presented

(or as may be amended by the Planning Commission)

Motion by Urquhart, with support from Frey, to accept the agenda as presented.

Motion carried by voice vote.

5. Written Communications

A. Letter dated January 28, 2012 from Mr. Ross Hanley, 607 Campbell Road

B. Letter dated January 27, 2012 from Mr. Joe Franey, 31 Chestnut

C. Letter dated January 19, 2012 from Mr. Robert Pandel, 565 Campbell Road

D. Letter dated January 30, 2012 from Ms. Barbara Crandell, 252 Lakeshore Drive

E. Letter dated February 1, 2012 from Mr. Richard Bradley, 26 Wall Street

F. Letter undated, from Victoria & Daniel Bsichoff

G. Letter dated February 8, 2012 from Mark Lauterbach AIA, 13 Wildwood Lane

H. Letter dated February 2, 2012 from Carolyn Ascencio, Ferry St.

I. Letter dated February 7, 2012 from Keith & Lori Hayward and Michael Dorean &

Michael Hoffman, West Shore Woods Subdivision.

J. Letter dated February 6, 2012 from Merle Malmquisst, 606 Campbell Rd.

Written Communications so noted for the record by Chair Balmer.

6. Unfinished Business:

A. West Shore Redevelopment Proposal

Representatives from BDR Douglas Property Development LLC and Nederveld

presented a short presentation on the number and quality of homes that are

proposed for the West Shore area. Of the 76 acre property 48 acres has been

deemed developable.

Motion by Urquhart, with support from Hurley, to open the public hearing

for West Shore Redevelopment Proposal dated 12/12/11. Motion carried by

unanimous voice vote.

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Douglas Planning Commission Agenda

Wednesday, February 8, 2012

Page 2 of 3

Public Comments (2 minutes per person):

Bob Sapita/ 852 Center St. – suggested an 8’ connectivity easement that

would allow home owners to easily walk to and from town.

Kathy Woods/ 218 Lakeshore Dr.- Addressed drain issues would like to

have drains rerouted to Kalamazoo Lake.

John St Andre/ 333 - Addressed the number of units that would be built.

Alex Fink/Saugatuck resident – Introduced his daughter Ava who brought

a signed poster from Douglas Elementary Students.

Mike Obrien/ 426 Summer Grove – Addressed sledding hill.

Declare Public Hearing closed:

Motion by Urquhart, with support from Frey, to close the public hearing.

Motion carried by unanimous voice vote.

Commissioners requested Ava Thank each classmate who signed the poster. Nice

to see community interest and involvement.

Discussion of proposed Test Plan, as required within Section 27.04 of the City of

Douglas Zoning Ordinance:

Kilpatrick highlighted the review process, the required documents for submittal

and discussed the first step of the review. The current number of proposed units is

56. Urquhart reported that the Planning Commission subcommittee previously

reviewed the test plan lot by lot and determined the number of buildable lots to be

113.

Motion by Urquhart, with support from Pattison, to accept the Test Plan for

West Shore Redevelopment proposal with 113 units, dated 12/12/11. A roll

call vote was called:

Yes vote: Balmer, Dugan, Frey, Hurley, Pattison, Urquhart.

No vote: None

Motion carried unanimously by roll call vote.

Additional items of discussion were:

1) Baseline Environmental Assessment Summary submitted by BDR

2) Citizens Guide to DEQ regulations

3) Citizens Guide to EPA regulations

Kilpatrick addressed the contaminants on the area for the proposed project and

stated continued monitoring will occur.

7. New Business:

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Douglas Planning Commission Agenda

Wednesday, February 8, 2012

Page 3 of 3

A. Application to amend the Zoning Ordinance submitted by Kalamazoo Ferry

Company and pertaining to the R-4 Harbor Residential District standards.

Neither applicant nor the Architect was present to speak. Planning Commission

determined they would like to have a development plan for the harbor prior to

making a decision.

B. Application for Special Use: Accessory Dwelling unit in the R-3 Neighborhood

Conservation District, submitted by Mr. Alex Cseszar and pertaining to 3054 May

Ave.

Commission expressed concerns with drainage in the area. A public hearing

will be scheduled for the March meeting.

8. Hear from the Audience (Limit of 5 minutes for general comments)

John St Andre/237 Ferry St. – Addressed the concern of organics on West Shore

Redevelopment Proposal.

9. Commissioner Comments

Dugan appreciated the community interest and involvement regarding the sledding hill.

10. Staff Report:

A. Medical Marihuana Draft Standards: Copy will be available at the March meeting.

B. Antique Pavilion Parking Plan submitted: Planning Commission directed this be

addressed by administration.

C. Blue Star Highway Plan

11. Adjournment

Motion by Urquhart, with support from Hurley, to adjourn. Motion carried by

unanimous voice vote. Meeting adjourned at 8:16 PM.

Respectfully Submitted by: Pam Aalderink, Recording Secretary

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MINUTES

THE CITY OF THE VILLAGE OF DOUGLAS PLANNING COMMISSION

DOUGLAS CITY HALL Wednesday, March 14,, 2012

1. The meeting was called to order at 7:01 pm by Chairperson Balmer

2. Roll Call: Balmer, Burdick, Dugan, Frey, Hurley, Pattison, Urquhart

Also In attendance: Ryan Kilpatrick, Community/Economic Development Director Absent: None

3. Approval of Minutes: from February 8, 2012 Motion by Urquhart, second by Dugan to approve the Minutes of the February 8, 2011 meeting as presented. Motion carries with unanimous voice vote.

4. Agenda Changes/Additions/Deletions Motion by Urquhart, second by Dugan, to approve the March 14, 2012 agenda as presented. Motion carries with unanimous voice vote.

5. Written Communication A. Note from Robert Hendriksen, 3062 May St., in support of Accessory Dwelling at

3054 May St.

6. Unfinished Business: A. West Shore Redevelopment Proposal

i. Discussion of proposed Section 27.03, Eligibility Criteria, within the City of Douglas Zoning Ordinance

Memo from staff provided a brief analysis of eligibility criteria for a Planned Unit Development application. Commissioners recognize that there are many issues to be worked through during site plan review and public hearings.

ii. Motion by Urquhart with support from Pattison to accept the preliminary application for Planned Unit Development at West Shore as having met the required Eligibility Criteria of Section 27.03, contingent upon final review and approval of various agencies and the amount of dedicated public open space described within the final PUD. Motion carried unanimously by roll call vote.

iii. Discussion of Due Care Analysis It was noted that Dixon Environmental has worked on soil analysis and testing of each residential site. Commissioners agreed it would be a good idea to schedule an additional public hearing for Dixon to present its’ findings.

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B. Application for Special Use: Accessory Dwelling unit in the R-3 Neighborhood Conservation District, submitted by Mr. Alex Cseszar and pertaining to 3054 May Ave.

Review of staff memo indicated all standards of the R-3 District and all Requirements of Article 26 (Section 26.30 will be met. Final zoning permits shall be withheld until such time as the applicant has satisfied any requirements imposed by the DEQ and all remaining administrative requirements of the local zoning ordinance. Applicant Alex Csaszar related it will likely be 6-8 weeks before the DEQ can survey the property. In the meantime, Mr. Csaszar plans to clean out a ditch on the south side of the property to allow better drainage.

1. Public Hearing: Motion by Urquhart with support from Pattison to open the

Public Hearing to take comment regarding the proposed special land use at 3054 May Ave. Motion carried unanimously by roll call vote at 7:43 p.m. No one wished to speak. Motion by Urquhart with support from Pattison to end the Public

Hearing at 7:43 p.m. Motion carried unanimously by voice vote.

2. Motion by Dugan with support from Urquhart to approve the request for Special Land Use at 3054 May Ave. (PP# 03-59-200-011-00) contingent upon compliance with Article 16 and adherence with all DEQ requirements. Motion carried unanimously by roll call vote.

C. Proposed Zoning Amendment: Discussion of proposed Draft Standards to regulate

Medical Marihuana Primary Caregiver establishments. Draft standards have been prepared after many months of discussion among members of the Planning Commission, City Staff, Chief of Police and Legal Counsel. Standards are intended to regulate a Primary Caregiver Operation as a special land use within the C-2 District and L-1 Districts. Standards are governed by the Michigan Medical Marijuana Act and Michigan Legislature who continue to work at regulating and clarifying the law. Some members of the subcommittee feel the proposed ordinance regulations are too restrictive. A suggestion was made to add a time line clause that all marijuana ordinances are reviewed again after a period of no less than 2 years. There was a general consensus that the Planning Commission hold a public hearing and present the draft ordinances. The next step would be making a recommendation to City Council who will hold two public hearings before any action is taken.

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7. Hear from the Audience (Limit of 5 minutes for general comments) Tony Ragona, 424 Fremont, commented on the proposed documents saying he doesn’t see these as enforceable. Tammy Jacobi, Water St, Saugatuck, had questions about home care givers rights.

8. Commissioner Comments No comments were heard.

9. Adjournment Motion by Urquhart, second by Pattison, to adjourn the meeting at 8:19 pm. Motion carries with unanimous voice vote. Respectfully submitted, Jean E. Neve, City Clerk Approved by: ______________________________

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AGENDA

THE CITY OF THE VILLAGE OF DOUGLAS

PLANNING COMMISSION

DOUGLAS CITY HALL

86 W. CENTER STREET, DOUGLAS, MI

Wednesday, April 11, 2012, 7:00 P.M.

1. Call to Order

2. Roll Call – Burdick, Hurley, Pattison, Frey, Urquhart

3. Approval of Minutes

Planning Commission Regular Meeting Minutes of March 14, 2012. Approved

unanimously.

4. Agenda Changes/Additions/Deletions

Motion to approve the Planning Commission Agenda of March 14, 2012 as presented (or

as may be amended by the Planning Commission). Approved unanimously.

5. Public Comments: Keith Charak informed the board that the Friends of the Sledding

Hill have 60 days to put $10,000 in escrow and conduct a survey of the property desired

for purchase. They would like to raise $200,000 within 12 months to purchase four acres

of the West Shore Golf Course property for the sledding hill.

6. New Business: Site Plan Review for temporary spoils storage at Tower Marina, Property

Parcel # 59-016-032-00 and #016-036-10.

RJ Peterson addressed the board and discussed the proposed dredging operation to

remove the Kewatin and described the spoils containment area on the existing Tower

Marine site. Burdick questioned how the mitigation of contaminated spoils would be

handled and paid for. The board noted that any failure of the applicant to comply with all

standards of the DEQ shall be considered a violation of the site plan and shall constitute a

nuisance. As such, the nuisance should be prosecuted or abated as provided for within

Chapter 95 of the City of Douglas general code of ordinances. If the City should have to

abate any nuisance, the cost for the abatement should be billed as a special assessment

back to the property owner.

Peterson assured the board that the dredged material would be re-graded as soon as the

material had dewatered. Peterson stated that the process of dredging, dewatering and re-

grading should be complete by Memorial Day.

A motion by Burdick, second by Hurley to accept the Site Plan dated April 12th

for

temporary approval, allowing the maximum height to be not more than three feet above

that illustrated on the site plan and with the condition that the site plan proposal for

handling of material and re-grading the site shall be submitted to and approved by the

Planning Commission.

7. Unfinished Business:

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Page 2

A. West Shore Redevelopment Proposal

Jim Dixon of Dixon Environmental provided a synopsis of the required Due Care Plan for the

West Shore Golf Course redevelopment project. Dixon noted that the DEQ has released funding

for remediation on site and a new round of sampling in 2012. Dixon sampled surface materials

across the entire site and found that arsenic and pesticide were at very low levels. No

contamination was found in the target areas for development. All homes adjacent to Ferry Street

would be constructed with a radon system to force any below ground gases out the home. Dixon

noted that Due Care is a perpetual obligation for the site. Dave Burdick asked how the condo

association would take over responsibility for the Due Care Plan in the future.

Urquhart noted that the number and location of accessory dwelling units on the site needed to be

defined before she felt comfortable with the idea. Landscape details should be provided for areas

surrounding parking along Ferry Street. Tree placement along Ferry/Center should be on either

side of pathway. Pathway on west side of project should be constructed and maintained to ensure

that pathway is usable year round. All lighting should be dark sky compliant.

Planning Commission motion to schedule a special meeting for the 4th

Wednesday in April.

Unanimously approved.

B. Proposed Zoning Ordinance Amendment: Draft Standards to regulate Medical Marihuana

Primary Caregiver establishments

Public Comments:

John Fremont – 1611 Highland, Holland MI – Requests tabling or no action on the proposed

ordinance. Allowing an illegal substance to be sold is a bad idea.

Tony Ragona – 242 Fremont (Apt#8) – Requests that the PC consider tabling the proposed

ordinance until additional legislation is enacted by the State to clarify the existing public act.

Board Comments:

Mike Hurley suggests waiting for additional legislation. Pattison prefers having a full body of the

Planning Commission present for a final decision. Frey suggests extending moratorium until the

state clarifies the definition of patient to patient transfer.

Planning Commission consideration of a motion to recommend adoption of the proposed

draft standards. Board votes unanimously to request that the Council extend the moratorium on

Medical Marihuana for an additional six months

8. Hear from the Audience (Limit of 5 minutes for general comments)

9. Commissioner Comments

10. Adjournment: 9:17 pm.

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THE CITY OF THE VILLAGE OF DOUGLAS PLANNING COMMISSION

DOUGLAS CITY HALL 86 W. CENTER STREET, DOUGLAS, MI Wednesday, April 25, 2012, 6:00 P.M.

MINUTES

1. Call to Order: Chair Balmer called the meeting to order at 6:10 P.M.

2. Roll Call: Members present – Urquhart, Pattison, Frey, Dugan, Burdick, and Balmer. Members absent – Hurley.

3. Agenda Changes/Additions/Deletions:

Motion by Urquhart, with support from Frey, to approve the Planning Commission agenda of April 25, 2012 as presented. Motion carried by voice vote.

4. Written Communications: None

5. Hear from the Audience (Limit of 5 minutes for agenda items only)

Frank Holland/ 723 Golf view Drive: Would like commission to consider the water pressure in the proposed development area, the pressure is low. Also addressed the landscaping and screening that will be used by the developers.

6. New Business:

A. Discussion of revised site plans for West Shore Golf Course Redevelopment.

Kilpatrick addressed the Fire Inspector letter regarding road widths of 26’, 96’ Cul-de-sacs, 13’6” vertical obstruction, sprinkling and wells. Also discussed were recommendations from Brian Vilmont of Fishbeck, Thompson, Carr & Huber based on a meeting with Mr. Kilpatrick and Darrel Copley of (KLSWA). Kilpatrick further noted that the trees along Ferry St. still need to be addressed; he would like to see them located in the public right of way followed by the buffer zone. Burdick suggested moving the Center Street trees further south and would like to see some form of performance standards (Phases of completion) that would include the public walkway. Issue of particular concern to the Commissioners was the draft Master Deed language that does not address some guarantee the public walkway would remain open for public use. Urquhart commented that page 11 of the Master Deed should state “108 units” and the need to address the water pressure issue. Additional comments and concerns were the mailboxes and dock, which Mr. Kilpatrick will speak to the developer about. The draft Master Deed will go to the City Attorney for review and Balmer requested Commission review the document after this.

7. Hear from the Audience: (Limit of 5 minutes for general comments) None

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8. Commissioner Comments: Urquhart would like to see the number of accessory dwelling units above the garage

restricted to avoid any parking requirement changes. Kilpatrick stated the City Engineer will be reviewing the CAD drawings and will be submitting comments.

Pattison has concerns with the potential use of accessory dwelling units as seasonal rentals. Kilpatrick requested the ‘use’ of the accessory buildings be clarified in the Master Deed. 9. Adjournment: Motion by Urquhart, with support from Burdick, to adjourn the meeting. Meeting adjourned at 7:15 P.M. by voice vote.

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1

The City of the Village of Douglas

Planning Commission

Douglas City Hall

Wednesday, May 9, 2012

Minutes

1. The meeting was called to order at 7:01 pm by Chairperson Balmer

2. Roll Call: Matt Balmer, Dave Burdick, Candace Dugan, Tara Frey, Louise Pattison, Alexa

Urquhart; also present: Ryan Kilpatrick, Director of Community Development; absent:

Michael Hurley

3. Approval of Minutes

A. Motion by Urquhart, support from Dugan, to approve the minutes of the April 11,

2012 regular meeting as presented. Motion carries with unanimous voice vote

B. Motion by Urquhart, support form Dugan, to approve the minutes of the April 25,

2012 special meeting as presented. Motion carries with unanimous voice vote

4. Agenda Changes/Additions/Deletions

A. Motion by Urquhart, support from Pattison, to approve the agenda as amended.

Motion carries with unanimous voice vote

5. Written Communications

A. Letter from Jerry Wagner, 251 Lakeshore Dr., re: Douglas Property Development Site

Plan

6. Public Comment related to Agenda Items only

A. No one wished to speak

7. New Business: Site Plan Review for proposed new pavilion structure adjacent to the Red

Dock at Tower Marine, Property Parcel # 59-555-001-00

Agenda Items include:

1. Staff memo dated May 2, 2012

2. Proposed site plan for addition of 3-season pavilion

3. Application for DEQ Permit # 11-03-0081

4. Waterfront construction Ordinance

Staff indicated that zoning ordinance Section 2.14 states that Marinas may include, as an

accessory use, a restaurant or snack bar, contrary to previous thought. RJ Peterson was present

to answer commissioner’s questions. Questions from the commission included:

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2

Number of seats available currently vs. proposed

Parking capabilities

Handicap accessibility

Restroom upgrades/expansion

Emergency ingress/egress

Motion by Urquhart, with support from Frey, to approve a Public Hearing for June 13, 2012 for

the proposed Tower Marine pavilion structure adjacent to the Red Dock at 219 Union Street.

Motion carries with unanimous roll call vote

8. Unfinished Business

A. West Shore Redevelopment Proposal

a. Jack Barr, bdr Development, outlined a few changes since the April 25, 2012

meeting including road width changes of 24 ft. minimum width to meet Fire

Code and saying that they would like input on garage placement so that all

aren’t needing to be attached

b. Public Comment specific to the West Shore Site Plan

Dempster Harris, 278 Lakeshore Dr., concerned about pedestrian traffic on Center

Street to the beach access (Barr responded that there will be a pedestrian trail as part of

the plan)

Mike Tischleder, 811 Golfview Dr., questioned plans for the undeveloped portion of the

current site plan (response: according to ordinance there can be a maximum of 108

residences built; another hearing will need to be held prior to any building in that

section) Kevin Einfeld, bdr Development responded that the product for that area has

not been defined, the market may change, but the product will be single family.

Dick Shaw, 8 Wilderness Ridge, asked where the entrance off of Center Street will be

located (Barr: directly across from Wilderness Ridge, the intent is to not disturb any of

the large trees, to follow the course of the ravine)

Jeff Bianchi, 311 Singapore Court, will anything be happening with the Clubhouse or the

house on the property? (Barr: those are owned separately from the development)

B. Proposed Zoning Ordinance Amendment: Draft Standards to regulate Medical

Marihuana Primary Caregivers establishments

Staff reported that the City Council would like some action on this item at a minimum within

the next 45 days. Commissioners responded that there are concerns at the State and Federal

levels. Any action would be based on speculation, there really is no guidance.

The direction of the Commission is to hold off any decision at this time.

9. Hear from the Audience (General Comments)

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3

There were none

10. Commissioner Comments

There were none

11. Adjournment

Motion by Urquhart, with support from Burdick, to adjourn the meeting at 8:08 pm. Motion

carries with unanimous voice vote.

Respectfully submitted,

Alan McPhail, Recording Secretary

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The City of the Village of Douglas

Planning Commission

Douglas City Hall

Wednesday, June 13, 2012

DRAFT MINUTES

1. The meeting was called to order at 7:05 PM by Chairperson Balmer.

2. Roll Call: Matt Balmer, Tara Frey, Michael Hurley, Louise Pattison, Alexa Urquhart

Also in attendance: Ryan Kilpatrick, Director of Community Development

Absent: Dave Burdick, Candace Dugan

3. Approval of Minutes

A. Motion by Urquhart, support by Pattison, to approve the Minutes of the May 9,

2012 meeting as presented

Motion carries with unanimous consent

4. Agenda Changes/Additions/Deletions

Change offered by Kilpatrick: updated Interior Trail Easement

A. Motion by Urquhart, support by Hurley, to accept the agenda for the June 13, 2012

meeting with the updated Trail Easement

Motion carries with unanimous voice vote

5. Written Communication

There was no communication presented

6. Public Comment

There was none

7. Unfinished Business

A. Tower Marine: Proposed Construction of a new Building

Kilpatrick reviewed the proposal for the Commission. RJ Peterson answered questions from the

Commissioners regarding liquor license and the sludge pile.

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i. Public Hearing: Hearing to take public comment regarding the proposed

waterfront construction of a pavilion building on the Tower marine property

and adjacent to the Red Dock, property parcel 59-555-001-00

a. Motion by Urquhart, support by Pattison, to open the Public Hearing

at 7:20 PM

Motion carries with unanimous voice vote

ii. Public Comments

a. Marilyn Sapita, 852 Center Streetnoted that the application is

identified as a Marine Supply, not as a restaurant

b. Mark A. Shirey, 434 Wiley Road, noted historical significance and

importance of the business to the community

iii. Declare Public Hearing Closed

a. Motion by Urquhart, support by Pattison, to declare the Public

Hearing closed at 7:25 PM

Motion carries with unanimous voice vote

ii. Site Plan Review for proposed new pavilion structure adjacent to the Red Dock at Tower

Marine, Property Parcel #59-555-001-00.

Agenda Items include:

1. Staff memo dated June 7, 2012

2. Proposed Site Plan for addition of pavilion

Balmer began the discussion by stating that there seems to be consensus among the

Commissioners with questions regarding parking, bathrooms, and the applicant’s ability to

meet approval requirements of the building agencies. There are continued questions regarding

the spoils area as well.

Commissioners continued the discussion regarding how adequate parking is defined in the

ordinance (by indoor seating), exit placement, use of building as part of a Marina, and a plan for

removal of the spoils from the dredging.

Motion by Urquhart, support by Pattison, to approve the site plan review for

the proposed waterfront construction of a dock and pavilion building property

parcel 59-555-001-00 as presented, conditioned on MDEQ, MLCC, Fire District,

Health Department, and MTS Agencies, including a Performance Bond for the

dredge spoils area prior to issuance of certificate of occupancy.

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Motion carries with a unanimous roll call vote

B. West Shore Redevelopment Proposal

i. Site Plan review for proposed Planned Unit Development on the former West

Shore Golf Course property. Proposal includes 46 single family residences on

78 acres.

Agenda Items include:

1. Staff memo dated June 6, 2012

2. Proposed Site Plans for redevelopment of former golf course

3. Narrative description submitted by developer

4. Saugatuck Township Fire District letter of review/approval

5. June 5, 2012 letter from Nederveld outlining response to Fire

Department requirements

6. Proposed Trail Easement

7. Proposed Sidewalk Easement

Kilpatrick began the discussion by explaining that the draft easement document was changed

so that the developer, and in the future, the association will be responsible for those, it is

recommended that the public pathways be incorporated, and that the public pathway through

the middle of the property be maintained so that it si usable regardless of weather conditions.

Commissioners had questions for the developer regarding buffer zones between the

development and existing properties; timing of incorporating the pathways; and the problem of

water pressure/quality in the area. Since the development will unfold in stages, separate

ordinances will apply as it continues so the commission has a concrete idea of when things are

going to happen with each phase. Discussion about the placement of garages was explained by

the developer as wanting a cottage feel as opposed to a suburban feel with garages on the

front of the house.

Motion by Urquhart, support by Pattison, to set a Public Hearing for July 11, 2012 for

the West Shore Redevelopment Proposal on the former West Shore Golf Course

property

Motion carries with unanimous voice vote

Motion by Urquhart, support by Pattison, to take a five minute recess at 8:20 PM

Motion carries with unanimous voice vote

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Balmer calls the meeting back to order at 8:26 PM

8. Discussion of Preliminary Sub Area Plan for Blue Star Highway

Agenda Items for Item 8 Include:

1. Draft Blue Star Plan

Kilpatrick reviewed with the Commissioners information regarding the purpose and need of the process,

the Background and Community Survey, the outcomes of the Community Workshops, and the Goals of

the Plan, broken down into individual objectives. Kilpatrick shared drawings and plans developed by

students at Andrews University incorporating results with the Commissioners and audience. All present

were pleased with the results.

9. Hear from the Audience

Bob Sapita, 852 Center Street, member of the Harbor Committee spoke about the numerous attempts

to convene the committee; there will be a meeting of the committee on June 28, 2012 with the focus on

waterfront development and brownfield. He also spoke about the work done with St. Peter’s Church,

Nederveld Associates, and Tower Marine regarding the dredge spoils.

10. Commissioner Comments

There were none

11. Adjournment

Motion by Urquhart, support by Hurley, to adjourn the meeting at 9:05 PM

Motion carries with unanimous voice vote

Respectfully submitted,

Alan McPhail,

Recording Secretary

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The City of the Village of Douglas

Planning Commission

Douglas City Hall

Wednesday, July 11, 2012

Approved Minutes

1. The meeting was called to order at 7:05 PM by Vice-Chair Burdick

2. Roll Call: Dave Burdick, Candace Dugan, Tara Frey, Louise Pattison, Alexa Urquhart

Also in attendance: Ryan Kilpatrick, Director of Community Development

Absent: Matt Balmer, Mike Hurley

3. Approval of Minutes

Urquhart offered an amendment in the Motion of Item 7.A. page two, add:

…plan and disposition and removal of the boat cradles from the designated parking

area.

Motion by Urquhart, support by Pattison, to approve the Minutes of the June 13, 2012

Planning Commission as amended.

Motion carries with unanimous voice vote.

4. Agenda Changes/Additions/Deletions

Motion by Urquhart, support by Pattison, to approve the agenda for the July 11, 2012

Planning Commission as presented.

Motion carries with unanimous voice vote

5. Written Communications

There were no written communications presented

6. Public Comment related to agenda items only:

No one wished to speak at this time

7. Unfinished Business:

A. West Shore Golf Course Redevelopment

i. Public Hearing: Hearing to take public comment regarding the proposed site plan

for 46 single family residences on 78 acres, property parcel # 03-59-017-031-00

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1. Declare Public Hearing Open

Motion by Urquhart, support from Dugan, to open the Public Hearing at 7:10 pm

Motion carries with unanimous voice vote

Jack Barr, bdr Construction, gave a brief overview of the redevelopment project, a

single family residential property on the former West Shore Golf Course.

2. Public Comment:

Jerry Wagner, 251 Lakeshore Dr, stated that the proposed path leading from the

development to Lakeshore Dr passes through the original easement which was

designed between two parties. With an addition to their home, electrical wiring was

directed through the easement. There are questions about what traffic will be

allowed to use the path (vehicles, pedestrians).

Janet Lokkers, 288 McVea, had questions and concerns about the utility

infrastructure on McVea Street due to the age.

Michael Volls, 825 Campbell, had two concerns regarding water flow through the

area, what is the plan for drainage? With additional traffic expected are there plans

to modify Campbell Road?

3. Declare Public Hearing Closed

Motion by Urquhart, support from Pattison, to declare the Public Hearing closed at

7:25 pm

Motion carries with unanimous voice vote

ii. Site Plan Review for proposed Planned Unit Development

Agenda Items Include:

a. Final Site Plan – dated 5/21/12 and distributed to the Planning Commission

on June 6, 2012

b. Final narrative description for Proposed PUD – revised June 28, 2012

c. Letter from Allegan County Drain Commissioner’s Office

d. Letter of Review from City Engineer

Discussion:

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Jack Barr answered questions and comments thus far regarding: path to Lakeshore (planned 8

foot gravel path not intended for vehicular traffic beyond golf carts), and McVea/Golfview

waterlines (trying to resolve issues based on state standards; upgrades are expected to be

required. The drainage plan has been approved by the city and the Drain Commission. There

are no plans to improve Campbell Road at this time.

Commissioner comments and concerns:

Options available for waterline access?

Side load garage door

Dates for the phasing in of development improvements

Addressing the issue of golfcarts off the property

Motion by Urquhart, support from Pattison, to recommend to City Council, approval of the proposed West Shore Golf Course Redevelopment Planned Unit Development (Property Parcel 03-59-017-031-00) for the construction of up to 46 single family homes and related accessory structures due to the following findings:

A. The applicant has submitted a proposal which will result in a recognizable and

substantial benefit to the residents of the PUD and the City, and such benefit would otherwise be unlikely to be achieved.

1) The applicant has proposed to provide a public easement across 78 acres of private land for use by the residents of Douglas as a recreational trailway. This will result in more than ½ mile of public recreational trailway to be constructed and maintained by the developer and available to the general public from dawn to dusk. The proposed trailway will be a significant step toward completing a goal within the Douglas Master Plan and Tri-Community Comprehensive Plan which contemplates the completion of a pedestrian trailway from Downtown Douglas to the Lake Michigan shoreline across scenic and natural landscapes.

2) The Planning Commission finds the requested departures and modifications from the standards of the R-1 Residential District to be appropriate. Said departures are listed within the Final PUD Submittal Packet and include a reduced front yard setback and reduced frontage for several of the proposed home sites. Such modifications result in the preservation of large, contiguous segments of permanently preserved open space while limiting the overall site development to fewer dwelling units than would otherwise be permitted within the underlying standards of the R-1 Zoning District.

B. The PUD will not result in an undue burden on available public services, facilities or utilities

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C. The PUD will comply with the land use designations for such lands in the future land use map of the Master Plan, the PUD will otherwise be consistent with the intent and purposes of this the Zoning Ordinance and the Master Plan.

D. The PUD satisfies the development requirements of Section 27.04.

E. The PUD will not result in significant adverse effects upon adjacent or nearby lands.

F. The PUD will not alter wetlands, steep slopes or other natural features except as approved for essential services or as otherwise permitted in the PUD.

G. Buildings and structures will be suitably located and arranged, with adequate setbacks and convenient access points.

H. The number, location and size of access points for the PUD, and internal traffic and pedestrian circulation routes are designed to promote safe and efficient access to and from the PUD and circulation within the PUD.

I. Storm water detention and drainage systems will be designed so that the removal of surface waters will not adversely affect lands in the PUD or adjacent or nearby lands. The final PUD plan shall demonstrate compliance with the City Storm Water Ordinance.

J. Landscaping in the PUD will be in accordance with City landscape requirements or as they may be modified in the approval of the PUD.

K. Outdoor lighting will be designed to minimize glare on adjacent lands and streets and will otherwise be designed, installed and operated in compliance with City requirements, or as otherwise approved in the terms of the PUD ordinance.

L. Sanitary sewer and water supply facilities will comply with City and other applicable requirements.

M. Signs in and for the PUD will comply with applicable sign requirements, including such modifications as may be permitted in the approval of the PUD.

N. Off-street parking areas and facilities will comply with applicable City requirements, including such modifications as may be permitted in the approval of the PUD.

The Motion to recommend approval is conditioned upon the following:

1. The City engineer and the developer shall investigate the integrity of the road

infrastructure along McVea and Golfview and determine suitability of such public

roads for use by heavy construction equipment.

2. The developer shall provide a final schedule for construction of the internal public

pathways which includes reference to the public trailway extending from Center

Street to Lakeshore Drive and which requires said pathway to be constructed no later

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than December 31, 2014 and to be constructed with crushed concrete, gravel or

similar substance as approved by the City Engineer. The Center to Lakeshore public

pathway shall be maintained as a mowed pathway upon the issuance of the first

certificate of occupancy within the development and all grass/vegetation within the

easement area shall be kept to 12 inches or less at all times.

3. A minor amendment to the PUD plan may be submitted and reviewed and approved

by the Zoning Administrator to include a small, temporary parking area for electric

golf carts near the west end of the development. The developer must revise the

Master Deed to include clear language to prohibit the use of Golf Carts outside of the

private development area and/or on any public street within the City of Douglas

4. The outlet of the public pathway to Lakeshore drive must be designed and constructed

to restrict access to only pedestrians and bicyclists and to screen the pathway from

adjacent properties wherever possible and appropriate.

5. The developer is advised to request and retain as-built drawings of all structures

constructed on site to ensure that the minimum open space calculations remain

accurate when the West Development area is proposed as an amendment to the PUD.

YEAS: Urquhart, Frey, Pattison, Dugan, Burdick

NEAS: None

ABSENT: Balmer, Hurley

8. Hear from the Audience:

John St. Andre, 337 Ferry Street, had questions about the final buid out water capacity

9. Commissioner Comments

Urquhart reported a meeting of the Tri-Community on July 10, 2012

10. Adjournment

Motion by Urquhart, support from Pattison, to adjourn the meeting at 8:25 pm

Motion carries with unanimous voice vote

Respectfully submitted,

Alan McPhail, Recording Secretary

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The City of the Village of Douglas

Planning Commission

Douglas City Hall

Wednesday, August 8, 2012

Minutes

1. The meeting was called to order at 7:03 pm by Urquhart.

2. Roll Call: Candace Dugan, Tara Frey, Mike Hurley, Louise Pattison, Alexa Urquhart

Also in attendance: Ryan Kilpatrick, Director of Community Development

Absent: Matt Balmer, Dave Burdick

3. Approval of Minutes from July 11, 2012

Motion by Dugan, support from Pattison, to approve the minutes of the July 11,

2012 meeting as presented

Motion carries with unanimous roll call vote

4. Agenda Changes/Additions/Deletions

Motion by Dugan, support from Pattison, to approve the agenda for the August 8,

2012 meeting as presented

Motion carries with unanimous voice vote

5. Written Communication

There was none presented

6. Public Comment

No one wished to speak

7. New Business:

A. Site Plan Review – Center on Center

Agenda Items Included:

i. Staff memo dated August 2, 2012]

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ii. Project description from CKC Architect, LLC

iii. Site Plan dated July 23, 2012

Charles Carlson, CKC Design, PO Box 111, Douglas, presented a brief overview of the proposal

which is intended for personal rather than retail use.

Bill Rowe, 6934 Bendemeer Dr, Fennville, property owner continued the overview by stating

that the first building will be a personal studio space with a “toy barn” and that none of the

building would be used as living space. The second building currently proposed would include

living area in the “loft” (there is an interested party with that intent but no signed documents

currently).

Kilpatrick reviewed information found in the staff memo that the proposed building plan

complies with zoning, it is a use permitted by right. The space in the back of the building is a

little ambiguous. If the planning commission finds the proposal acceptable, they may include

conditions that need to be addressed including a parking plan, lighting standards, a floor plan

for the loft space in the first proposed building and a floor plan for proposed building number

two. If there is a change of use, the applicant would need to return to the planning commission

for review and approval.

Commissioners’ comments and questions:

Use of studio space

Funding for proposed city sidewalk

More specific lighting plan

Incidental use is more substantial than the main use

Paving material for driveway (permeable packed gravel vs. asphalt or concrete) the

non-permeable is the current ordinance

Motion by Dugan, support from Hurley, to give conditional approval for the Site Plan

Review for a commercial building to be located in the C-1 (Village Center Commercial)

District, on property parcel number 03-59-650-002-10, located at the northwest corner

of Center and Hamilton Streets, conditioned upon review of the landscaping plan,

lighting design and fixtures, specific floor plan for the loft space, and the

landscaping/parking plan including language to address the current ordinance or any

future language changes prior to the completion of the area.

Motion carries with unanimous roll call vote

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B. Change of Use – West Michigan Gold and Coin

Agenda Items Included:

i. Staff memo dated August 2, 2012

ii. Application for Change of Use

Kilpatrick began the discussion by stating that the proposed use would be the buying and selling

of jewelry and coins. This business type has to follow strict statewide standards. The business

lays somewhere in the gray area between retail and pawn shop; it relates to a consignment

shop with a different premise. It is an existing building with adequate parking facilities.

Commissioners’ comments and questions:

Consider it retail

Many comments on safety issues including a number of references to metal bars across

the windows

Need for approval from the Police Chief? (Already done.)

Motion by Pattison, support from Hurley, to approve the change of use request for West

Michigan Coin and Jewelry Exchange at 100 Blue Star Highway, Suite B, from Professional

Services Operation to Retail Sales and Service Establishment

Motion carries with unanimous roll call vote

8. Unfinished Business:

A. Medical Marihuana Ordinance

Draft copies of the proposed Medical Marihuana Ordinance were distributed with the agenda in

preparation for discussion. Kilpatrick explained that the moratorium is set to expire and that

Council would like some formal action on the item. A court decision was reversed in the City of

Wyoming regarding a ban on facilities that stated that state law supersedes city law. Urquhart

would like more commissioners at the meeting for a vote on the ordinance. Dugan suggested

placing the item on the agenda for the September meeting with notices to the commissioners.

Kilpatrick requested that if the zoning act requires a Public Hearing that he be given permission

to just schedule that. Permission granted informally.

B. Blue Star Highway Plan

Kilpatrick shared a few copies of the booklet developed the Star corridor flowing earlier

discussion that includes more clarity, examples, and information. Kilpatrick suggested an Open

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House to review the information with local businesses and residents. It was suggested that the

meeting be a part of the September meeting time.

9. Hear from the Audience

No one wished to speak

10. Planner’s Report

A. Sign Ordinance Update

Kilpatrick reviewed recent activity with local businesses not following the sign ordinance. It has

become obvious that a revision of the language needs to take place to clarify. It was suggested

that a committee be formed to look at this (Pattison and Urquhart have agreed to participate).

The committee will look at other local ordinances for guidance.

B. Minor amendments

Discussion, no action

11. Commissioner Comments

No comments were made

12. Adjournment

Motion by Dugan, support from Hurley, to adjourn the meeting at 8:17 pm

Motion carries with unanimous voice vote

Respectfully submitted,

Alan McPhail, Recording Secretary

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The City of the Village of Douglas

Planning Commission

Douglas City Hall

Wednesday, September 12, 2012

Approved Minutes

1. The meeting was called to order at 7:00 PM by Chairperson Balmer

2. Roll Call: Matt Balmer, Dave Burdick, Candace Dugan, Tara Frey, Michael Hurley

(entered at 7:08), Louise Pattison, Alexa Urquhart

Also in attendance: Ryan Kilpatrick, Director of Community Development

3. Approval of Minutes from August 8, 2012

Urquhart noted that she had voted against the motion in 7.A.

Motion by Urquhart, support from Pattison to approve the minutes of the August 8, 2012

Planning Commission as amended.

Motion carries with unanimous voice vote

4. Agenda Changes/Additions/Deletions

Burdick suggested reversing the order of discussion for 8.A

Motion by Urquhart, support from Burdick, to approve the agenda as amended

Motion carries with unanimous voice vote

5. Written Communication

Information included regarding the Haworth Property

6. Public Comment

There was none

7. New Business

A. Blue Star Highway DRAFT Plan presentation

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i. Staff Presentation: Commissioners viewed a Power Point presentation by Kilpatrick

reviewing the process of the design, reasoning, and scope of the Blue Star Corridor

Project.

ii. Board Comments: The presentation was well received. Kilpatrick’s leadership in

thinking of the possible was acknowledged. Further discussion included looking

more closely at the intersection of Center Street and the Blue Star Hwy., welcoming

access to the city, and efficiency.

iii. Public Comments: None

iv. Motion by Dugan, support from Urquhart, to recommend the Blue Star Highway

Redevelopment plan to the City Council for approval

Motion carries with unanimous voice vote

B. Preliminary Review of proposed home relocation: Historic Gerber Home proposed to

be relocated to 7 Washington

Agenda Items Include:

i. Staff report dated September 7, 2012

ii. Site Survey (amended) of proposed parcel located in the C-1 Village

Center District

iii. Sketch of existing (historic) Gerber House to be relocated

Kilpatrick gave a brief overview of the proposed relocation with emphasis on the zoning

requirements of the proposal. He also mentioned that there would be necessary tree trimming

in order to move the structure and that would require approval from the tree board and a

recommendation from the DDA. Kilpatrick responded that the property in completely in the C-

1 zone when Urquhart asked if it touched R-1.

Mark Randall, 19 South Washington, the property owner, spoke on the home’s history and on

the placement of the home on the property in attempting to save as many of the old-growth

trees as possible.

Jim Schmiechen, 350 Water Street, spoke on the historic perspective of the house, family, and

the house as an excellent example of Michigan Greek Revival style. Considering its place on

Douglas and Michigan history by being saved would bring aesthetic value to the city.

Discussion:

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An estimate of the time-table for moving and restoration

Need for a performance bond

The facade’ needs work but the interior is not in bad shape

Home to be moved in two parts

The tree board will walk different paths to determine the best direction

Amended placement of the structure is much better than original proposal

Motion by Dugan, support from Frey, to schedule the Public Hearing for the Proposed Home

relocation for the October 10, 2012 meeting.

Motion carries with unanimous roll call vote

Yes: Balmer, Burdick, Dugan, Frey, Hurley, Pattison, Urquhart

8. Unfinished Business

A. Reconsideration of DRAFT Medical Marihuana Ordinance

i. Public Comments: Tony Ragona, 6437 134th, Saugatuck, spoke about the scientific

findings regarding the use of marihuana for medical purposes. He also spoke against

the wording of the ordinance as proposed.

ii. Commissioner Comments:

Burdick and Urquhart were vehemently opposed to the wording in section 6, saying that

it made it impossible for a person to get a license, Pattison asked if it could be

reworded; Kilpatrick responded that was the attorney recommendation

Further discussion about the definition of caregiver, need for clarity

Burdick suggests reworking section 6, according to Michigan constitution part of the

population is denied the right to assist their significant other

Motion by Urquhart, support from Dugan, to table the consideration of the DRAFT ordinance

to review Section 6 and Section 12

Motion carries with unanimous voice vote

Motion by Burdick, support from Dugan, to remove Section 2, e. and f.

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Motion carries with unanimous roll call vote:

Yes: Balmer, Burdick, Dugan, Frey, Hurley, Pattison, Urquhart

B. Kilpatrick reported that Vicky’s Diner had a minor issue with outdoor coolers without a

permit. Staff was able to deal with the issue.

9. Hear from the Audience

Tony Ragona, 6437 134th, Saugatuck, questioned Real Estate values as discussed in the Blue Star

Highway plan and thoughts on the caregiver discussion in 8.A.

10. Commissioner Comments

Question regarding tree removal on Water Street.

11. Adjournment

Motion by Urquhart, support from Burdick, to adjourn the meeting at 9:08 PM

Motion carries with unanimous voice vote

Respectfully submitted,

Alan McPhail, Recording Secretary

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The City of the Village of Douglas

Planning Commission

Douglas City Hall

Wednesday, October 10, 2012

Minutes

1. The meeting was called to order at 7:02 PM by Vice-Chair Burdick

2. Roll Call: David Burdick, Candace Dugan, Michael Hurley, Alexa Urquhart

Also in attendance: Ryan Kilpatrick, Director of Community Development

Absent: Matt Balmer, Tara Frey, Louise Pattison

3. Approval of Minutes of September 12, 2012

Motion by Urquhart, support from Dugan, to approve the Minutes with the amendment

change in 8.A.2, Burkhart to Burdick

Motion carries with unanimous voice vote

4. Agenda Changes/Additions/Deletions for October 10, 2012

Motion by Urquhart, support from Dugan, to approve the agenda for October 10, 2012 as

presented

Motion carries with unanimous voice vote

5. Written Communication

None was presented

6. Public Comment

No one wished to speak

7. New Business

A. Public Hearing – Special Land Use. Proposed residential use on the ground floor – C-1

Village Center District (59-150-010-00), 7 South Washington

i. Brief Description of the proposed project

Kilpatrick gave a review of the proposal by Mark Randall and Floyd Fleming to relocate the

existing single-family home currently at the corner of Union and South Streets to the vacant

parcel at the southeast corner of Washington and Center Streets. Kilpatrick also reported that

the DDA had met, discussed the proposal, and recommended approval with a 7 to 1 vote.

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ii. Open Public Hearing

Motion by Urquhart, support from Dugan, to open the Public Hearing for

Special Land Use, parcel # 59-150-010-00, at 7:08 PM

Motion carries with unanimous voice vote

iii. Public Comment

Jerry Bekken, 111 Fremont St., questioned the family name associated with the

property

iv. Close Public Hearing

Motion by Urquhart, support from Dugan, to close the Public Hearing at 7:10

PM

Motion carries with unanimous voice vote

B. Motion to approve, approve with conditions, deny, or table the proposed special land

use at 7 South Washington (Residential Use on the Ground Floor).

Agenda Items include:

i. Staff Report dated October 4, 2012

ii. Site Survey of proposed parcel located in the C-1 Village Center District

iii. Sketch of existing (historic) Gerber House to be relocated

Kilpatrick brought up the issue of ground floor transparency in the C-1 District. It was the

consensus of the commission that the ordinance was specific to retail occupancy. In discussion

regarding the recommendations of the tree board; Mr. Randall indicated a willingness to

replace trees if necessary. It was further decided to seek the opinion of another arborist

regarding tree removal.

Motion by Dugan, support from Urquhart, to approve the Special Land Use at 7 South

Washington (Parcel # 150-010-00) to allow for residential use on the ground floor of a

property within the C-1 Village Center Commercial District, with the following conditions:

1. The ground floor residential use shall at all times be a minimum of 60 feet from the

Center Street right-of-way.

2. One or more trees may be required to be removed and replaced as requested by the

Department of Public Works and the City of Douglas Tree Board in consultation with a

certified arborist.

3. Replacement trees shall be selected from the Recommended Species List on file at City

Hall and shall be a minimum of 3” caliper at the time of planting.

4. The applicant shall provide an educational historic plaque in compliance with the

public use area requirements of Section 10.03(j).

Motion carries with unanimous roll call vote:

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Yes: Dugan, Urquhart, Hurley, Burdick

8. Unfinished Business

A. Reconsideration of DRAFT Medical Marihuana Ordinance

Agenda Items Include:

1. Proposed Zoning Ordinance Amendment

2. Proposed General Law Ordinance Amendment

i. Public Comment

There was none

ii. Board Member Comments

Following discussion of the issue, Dugan recommended removal of Section 2.e and f,

based upon the sentiment of the commission. Kilpatrick is to draft a statement for the Council

explaining the reason for this action. Commissioners wrestled with the concept of Section 4.b.

The consensus was to add a sentence composed by Kilpatrick making the case for limiting a

household to 12 plants. (Any establishment growing more than 12 plants will be classified as a

growing operation.) There was discussion regarding definitions, inspections, and licensure.

Questions need to be removed from Section 13.

iii. Motion by Urquhart, support from Dugan, to forward the proposed language

of the Medical Marihuana ordinance to City Council

Motion carries with unanimous voice vote

B. Preliminary Review of Draft Amendments to various sections of the Douglas Zoning

Ordinance related to the Blue Star Corridor Plan.

Kilpatrick began by stating that this will be an on-going process over a number of years.

Discussion included green space, parking, signage, and city right-of-way. Burdick suggested that

this be a focus issue during the coming months.

9. Hear from the Audience

There was none

10. Commissioner Comments

There was none

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4

11. Adjournment

Motion by Urquhart, support from Hurley, to adjourn the meeting at 8:22 PM

Motion carries with unanimous voice vote.

Respectfully submitted,

Alan McPhail, Recording Secretary

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THE CITY OF THE VILLAGE OF DOUGLAS

PLANNING COMMISSION MEETING

DOUGLAS CITY HALL

NOVEMBER 14, 2012—7:00 PM

1. Call to Order:

Balmer called the meeting to order at 7:02 pm

2. Roll Call:

Present: Burdick, Dugan, Frey, Hurley, Pattison, Urquhart, and Balmer. Absent: none

3. Approval of Minutes:

Motion by Urquhart second by Burdick, to approve the minutes dated October 10, 2012, Motion

passes unanimously

4. Approval of Agenda:

Motion by Urquhart second by Dugan, to approve the agenda, Motion passes unanimously

5. Written Communications:

None received

6. Public Comment related to agenda items only

None

7. New Business

A. Lakeshore Campus at 450 Center Street (pp# 03-59-016-030-10)

1. Staff Report dated November 7th 2012

2. Site Plans submitted by Darpel & Associates for 450 Center Street

Discussion: Burdick recused himself in full disclosure on grounds of having an ongoing

working relationship with petitioner.

Urqhart stressed the importance for lot split or ZBA approval for gross area, parking

provisions for drive, maneuverability for parking, 25’ setback and buffer. Kilpatrick

clarified the property abuts a 25’ alley and sewer/water easement. Urqhart furthers the

discussion regarding material, transparency and along with Dugan, agrees to accept

permeable paving. Pattison requests Planning Commission change priority in addressing

drive way material to alleviate parking ordinance. Dugan seeks clarity from Kilpatrick

on pros vs. cons regarding 24’ to 16’ drive way. Kilpatrick states a narrow drive equals

slow speed and better surface run off, cars are generally 7’ in width so 2 cars can fit while

passing. Balmer recapped commissioners concerns, directed Kilpatrick to address

outstanding issues regarding Transparency and site plan designation being one residence.

Motion: Dugan moved, seconded by Urquhart, to approve the proposed site plan dated

November 8, 2012 for property parcel number 03-59-016-030-10, with the following

conditions:

1. The applicant shall apply for and obtain a revocable license agreement related to the

existing parking area located within the Ferry Street right of way prior to issuance of

a certificate of occupancy for the existing structures on site.

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2. The applicant shall be required to pave all parking spaces on site with asphalt,

Portland cement or brick paving blocks unless the zoning ordinance is amended prior

to a request for certificate of occupancy in the new building which would allow for

alternative materials. All parking lot surface materials shall be constructed and

maintained in compliance with the most up to date standards of the zoning ordinance.

3. The applicant shall apply for and be granted a lot split for the subject parcel prior to

the issuance of a building permit unless the standards of the zoning ordinance are

amended to allow for greater than one principal structure on a commercial lot.

4. The applicant shall be required to comply with lighting transparency as well as

building ground floor window transparency as per zoning ordinance.

5. The applicant shall be required to designate on the approved site plan that there is

only one residence.

Motion Carries

All in favor – Hurley, Frey, Dugan, Balmer, Urquhart, Pattison

Abstain: Burdick

8. Unfinished Business

A. Consideration of DRAFT updates to the zoning ordinance

Kilpatrick gave an overview for discussion

Discussion:

Urquhart seeks clarity regarding set back on Blue Star Highway – There is a 30’

easement, is it our intent to require 25’ setback from that point? Also, in regards to 16.06

Kilpatrick stated he would supply illistrations for clarity.

Burdick – Gross floor area needs discussion, when adding first & second floor seems to

small. If changed to foot print, then it seems to comply with Planning Commissions

intent. Also questions increasing height and reducing set back in C2, 35’ tends to be reg.

due to fire code. Page 135, correction ”equal to or less”. Page 143, Sec E: needs clarity.

Screening? 1 tree for 20’, what is clearance? What happens if a tee dies?

9. Hear from Audience:

None

10. Commissioner Comments

Frey – Stressed the importance of enforcement regarding property address being posted on site.

Burdick – Expedite interest in R5 Zoning on Freemont before building season begins

Pattison – Requests status update on signage, Kilpatrick reports his group will recommend by end

of February

11. Adjournment

Urquhart moved, Burdick seconded to adjourn, motion carries unanimously

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THE CITY OF THE VILLAGE OF DOUGLAS

PLANNING COMMISSION MEETING

DOUGLAS CITY HALL

DECEMBER 12, 2012—7:00 PM

1. Call to Order:

Balmer called the meeting to order at 7:02 pm

2. Roll Call:

Present: Burdick, Dugan, Frey, Hurley, Pattison, Urquhart, and Chairman Balmer. Absent: none

3. Approval of Minutes: 7:03 p.m.

Motion by Urquhart second by Pattison, to approve the minutes dated November 14, 2012, with

the amendment of 7 A. Discussion - removing two lines regarding transparency under discussion

for clarity. Motion passes unanimously

4. Approval of Agenda: 7:05

Motion by Urquhart second by Pattison, to approve the agenda as presented,

Motion passes unanimously

5. Written Communications:

None received

6. Public Comment related to agenda items only

None

7. New Business 7:06

A. Center on Center 410 and 420 Center Street (pp# 03-59-650-002-10/03-59-650-002-12)

1. Staff Report dated December 5th 2012

2. Site Plans submitted by Holland Engineering/Lake Home Builders

revised December 5, 2012 for 410 and 420 Center Street

Discussion: Urquhart discussed parking conditions

Motion: Urquhart moved, seconded by Dugan, to approve the proposed site plan dated and

revised December 5, 2012 for property parcel number 03-59-650-002-10, 03-59-650-002-12 with

the following conditions:

1. The applicant shall be required to pave all parking spaces on site with asphalt,

Portland cement or brick paving blocks unless the zoning ordinance is amended prior

to a request for certificate of occupancy in the new building which would allow for

alternative materials. All parking lot surface materials shall be constructed and

maintained in compliance with the most up to date standards of the zoning ordinance.

Motion passes unanimously

8. Unfinished Business

Balmer excused himself from the meeting at 7:20

A. Consideration of DRAFT updates to the zoning ordinance

Kilpatrick gave an overview for discussion

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Discussion:

Section 19.05 Site Development Requirements 5). Surface

Dugan – Directed Kilpatrick to pursue researching with focus being surface run off to be

as filtered as possible with the focus being clean water, economic development,

aesthetics,

and rain gardens. Burdick – also added GEO Blocks.

9. Hear from Audience: 8:05

None

10. Commissioner Comments

Urquhart – Tri Community Planning will meet again soon, each municipality is to bring forward

an update of their portion. Kilpatrick stated he supplied former Councilmember Mayor with

information, he will supply changes to Urquhart before next meeting. Urquhart requested

Planning Commissioners to supply recommendations.

11. Adjournment 8:10

Urquhart moved, Burdick seconded to adjourn, motion carries unanimously