BYRON TOWNSHIP PLANNING COMMISSION

Transcription

1 BYRON TOWNSHIP PLANNING COMMISSION CALL TO ORDER August 17, 2015 MINUTES Chairman Jeff Gritter called the regular monthly meeting of the Byron Township Planning Commission to order at 7:00 p.m., on Monday, August 17, 2015, at the Byron Township Offices, 8085 Byron Center Avenue SW, Byron Center, Michigan Commission members present were: Jeff Gritter, Bill DeBoer, Tim Newhouse, Steve Kilgore, Mike Marcus, Joe Pitsch and John Stone. Also present was Township Planner David Jirousek, Township Attorney Jim Brown, Building Official Randy Zomerlei and Recording Secretary Peggy Sattler. APPROVAL OF MINUTES A motion was made by Stone and supported by DeBoer to approve the minutes from the July 20, 2015 Planning Commission meeting. Yes 7. No - 0. Motion approved. PUBLIC COMMENTS (non-agenda items) No comments were made. BUILDING OFFICIAL S REPORT The Building Official s Report for July, 2015 was distributed to the Commission members and will be placed on file. SITE PLAN 15-09: AM Group, LLC (Pace Trailer) located at 8788 Byron Commerce Drive. Jason VanderKodde with Fishbeck, Thompson, Carr and Huber representing Pace Trailer, explained that they were proposing two additions, one a 2,630 square feet for parts and another 7,950 square feet for service. Byron Township Planner, David Jirousek, reviewed his memo dated August 10, 2015, a copy of which is attached and made part of these minutes. He noted that all of the requirements for a site plan have been met and satisfied. He also stated that the owner had confirmed adequate driveway width for truck maneuverability to the 1

2 service area, which was listed as a contingency under his recommendations and that the Fire Administrator had approved the site plan. The only approval still necessary would be from the Byron Township Engineer, Nate Vriesman, of which a copy of his letter dated August 5, 2015 is attached and made part of these minutes as well. A motion was made by Newhouse and supported by DeBoer to approve the site plan subject to the Byron Township Planner and Engineer s memos. TO SET PUBLIC HEARING Bryan VanBaren requesting a Special Land Use and Site Plan Review for Byron Center Protestant Reformed Church located at th St. SW. Byron Township Planner, David Jirousek, recommended that the Planning Commission set the Public Hearing for the regular meeting on September 21, He has requested additional items from the applicant but felt it would be ready in time for the Public Hearing. He gave the applicant a deadline of August 31, A motion was made by Stone and supported by Newhouse to set the Public Hearing for the September 21, 2015 regular Planning Commission meeting. PUBLIC HEARING CBS Solar requesting a Special Land Use and Site Plan Review for Michael Holcomb located at th St. SW. Chairman Gritter opened the Public Hearing and asked for the applicant s statement. Aaron O Shea with CBS Solar explained the details of the ground mounted solar energy collector. Byron Township Planner, David Jirousek, reviewed his memo dated August 7, 2015 a copy of which is attached and made part of these minutes. He recommended that the approval be contingent upon ongoing compliance with the requirements of Section 8.35 of the Byron Township Zoning Ordinance. Chairman Gritter asked for public comments. As there were none, he closed the Public Hearing. Commission member Newhouse stated that a letter had been received from the owner of the property, Michael Holcomb, and that it would be included with the minutes. 2

3 Commission member Pitsch advised the applicant that with concrete going into the ground there could be an issue when adjusting the system due to the soil conditions in that part of Byron Township. He suggested that they look at constructability for maintaining the system. A motion was made by Newhouse and supported by Marcus to approve the Special Land Use and Site Plan Review contingent upon ongoing compliance with the requirements in Section 8.35 of the Byron Township Zoning Ordinance. PUBLIC HEARING Dave Bultsma requesting a Special Land Use and Site Plan Review for Bultsma Construction located at 8087 S. Division Avenue. Chairman Gritter stated the request and opened the Public Hearing. Dave Bultsma, owner of Bultsma Construction, explained the cold crushing process that is used in road repair and paving. He currently operates a concrete crushing operation, an asphalt crushing operation and now he would like to add in this as well, which is a mixture of broken asphalt, roofing shingles and waste vegetable/soybean oil. Byron Township Planner, David Jirousek, explained that the property is zoned D-1 (Light Industrial) and is located on approximately 5 acres. He added that the property surrounding this location is mostly D-1 also and cited examples. He reviewed his memo dated August 7, 2015, a copy of which is attached and made part of these minutes along with Byron Township Civil Engineer, Nate Vriesman s memo dated August 5, Mr. Jirousek recommended approval with contingencies on the hours of operation, stockpile limits, dust management practices and confirmation approvals from the Fire Administrator and Byron Township Civil Engineer. He also added that it would be beneficial to receive a letter from the DEQ (Department of Environmental Quality) either stating that they approve of the operation or that their approval is not necessary. Chairman Gritter asked for public comments. Navid Ghavami (26 Brewer Park Circle) He stated that he is a real estate agent and lives across from the property. He distributed a letter and petition to the Planning Commission members and noted that every home owner that was home at the time, signed the petition. He was concerned about property devaluation, health issues caused by the materials that are used in the process and the noise level, which has gone up over the past six months. Joe Bradley (66 Brewer Park Circle) He explained that there has been more 3

4 residential development since the applicant s initial operation began. He was also concerned about additional traffic on Division Avenue and the speed limit. George Eckhoff (82 Brewer Park Circle) He stated that about two-thirds of the condominium complex are completed and sold but he was concerned that as the industrial area surrounding them grows, it will be more difficult to sell the condominiums. There were no other comments and Chairman Gritter closed the Public Hearing. Commission member Newhouse stated that the Planning Commission had received a letter from the property owner next to Mr. Bultsma s company who felt that the construction site was well maintained and that noise and dust were kept at a minimum. Mr. Newhouse then asked Mr. Jirousek if he knew that this operation was going to be asphalt versus concrete and if it made a difference in his report. Mr. Jirousek stated that the use had been a little unclear in the beginning but that it did not change his report. Commission member Newhouse asked if there is more odor or dust using asphalt versus concrete. Commission member Stone responded that he thought there was less odor and dust. Chairman Gritter asked the applicant if he has used this asphalt cold mix process yet. Mr. Bultsma stated that yes, he has last fall and the county uses asphalt in remillings. He said this combination of asphalt millings, shingles and vegetable oil is working quite well. He also added that he is the developer of the condominium development and if he thought there was a problem, he wouldn t be doing it. Chairman Gritter asked Mr. Bultsma if he thought there would be additional traffic created with this new operation. Mr. Bultsma thought it would be hard to tell. Both crushed concrete and asphalt are great products. If someone was going to need it, they would use one or the other so there really shouldn t be much additional traffic. Commission member Kilgore asked how big he thought the operation would be. Mr. Bultsma was unsure. He said that the concrete crushing is a bigger operation than the asphalt crushing but that he would be able to limit the size to Mr. Jirousek s recommendation. Commission member Marcus asked how much growth he thought this will create for 4

5 the business. Mr. Bultsma said that initially this process was taking off but they have had to sit idle during this Special Land Use application for the last couple of months. They did crush asphalt last November, which is a good time of year to crush it. Commission member Newhouse asked Mr. Bultsma to expand on Commission member Marcus question. Mr. Bultsma stated that he expects the operation to take place 3-5 times in the year from April to mid-november. Commission member Pitsch asked if the equipment that s housed in the 100 x 100 space would be permanent or temporary. Mr. Bultsma replied that it will be permanent. It s an industrial based operation. Commission member Pitsch then asked Mr. Bultsma to confirm that there are 3 products being supplied at his site concrete crushing, asphalt crushing and now this cold mix operation. Mr. Bultsma agreed that those are the three operations taking place. Commission member Kilgore asked if they have been maintaining dust control since Mr. Bultsma acknowledged that to be the case and there has not been a problem with the dust. People have not complained about the dust when they are buying the condominiums in his development. Commission member Newhouse asked if this construction company was in operation when he started the condominium development. Mr. Bultsma stated that no, they were not crushing concrete at that time. A motion was made by Stone and supported by DeBoer to approve the Special Land Use and Site Plan Review with the recommendations listed in the Byron Township Planner and Civil Engineer s memos. Commission member Newhouse asked if the motion would include Mr. Jirousek s verbal recommendation regarding a letter from the DEQ. Commission member Stone confirmed that to be the case. 5

6 PUBLIC HEARING Richard Postema Associates P.C. requesting a Special Land Use and Site Plan Review for Byron Center Bible Church located at 8855 Byron Center Avenue. Chairman Gritter opened the Public Hearing and asked for the applicant s statement. Richard Postema from Richard Postema Associates explained the request and added that there has been a change in the priorities with the congregation since the original site plan was proposed. If the Planning Commission approves the plan tonight, they will go ahead with Phase 1, which is the additional sanctuary but the added parking won t come along until Phase 2. He also informed the Planning Commission that the variance for the side yard setback had been approved by the Zoning Board of Appeals. Byron Township Planner, David Jirousek, stated that the property is located in the R-S (Suburban Residential) district on approximately 7 acres of land. He said that the applicant has met all of the requirements but that he still needs to provide a compliant photometric plan and lighting specifications. He added that the Fire Administrator has approved the plan but they still need approval from the Kent County Road Commission and Byron Township Civil Engineer, whose memo dated August 5, 2015 is attached and made part of these minutes along with Mr. Jirousek s letter dated August 7, Chairman Gritter asked for public comments. As there were none, he closed the Public Hearing. Commission member Newhouse stated that a letter had been received but there was no name or address on the letter. The question was raised to the applicant that if the sanctuary is expanded, will it create a problem with parking until Phase 2 is completed. Mr. Postema responded that they have adequate parking at this point so it should not create a problem. Mr. Jirousek agreed that the parking allotment meets the required number of spaces. A motion was made by DeBoer and supported by Pitsch to approve the Special Land Use and Site Plan Review contingent on the recommendations set forth by the Byron Township Planner and Civil Engineer. PUBLIC HEARING Zoning Code Text Amendments regarding mini-warehouses and self-storage 6

7 facilities. Chairman Gritter explained the request and opened the Public Hearing. Byron Township Planner, David Jirousek, stated that the party who requested the amendment was not able to purchase the property but Mr. Jirousek felt that the Planning Commission should address this for future use. Restrictions have been put into place and it will be consistent with B-2 (General Business) and not confined to industrial uses. Chairman Gritter asked for public comments. As there were none, he closed the Public Hearing. A motion was made by Newhouse and supported by Marcus to recommend approval of the text amendment to the Byron Township Board. MASTER PLAN UPDATE Byron Township Planner, David Jirousek, informed the Planning Commission that the Steering Committee is in place and they met in July. They will meet again next week to formalize a plan to present at the September Planning Commission meeting. MISCELLANEOUS Township Board Report: Bill DeBoer stated that at the last board meeting they had a few people who voiced their concerns about Tanger patrons parking along Byron Commerce Drive. No Parking signs are now in place along the drive. He added that the auditors, Siegfried Crandall will be attending next week s meeting to go over the audit results. Zoning Board of Appeals Report: Tim Newhouse said that at last month s meeting they approved the Byron Center Bible Church variance and they have 2 requests for next week s meeting. He asked the Planning Commission why the new Zoning Ordinance states that all five conditions must be met, when the last Zoning Ordinance only needed three of the five conditions to be met. He then read Section 13.5 of the Zoning Ordinance and asked if the Planning Commission would consider lightening the restrictions. Byron Township Attorney, Jim Brown, suggested eliminating question number three as that is the least common question among other municipalities. Commission member Newhouse agreed with Mr. Brown s suggestion and 7

8 ADJOURNMENT added that possibly the applicant would only need to meet three of the remaining four requirements. Chairman Gritter asked Mr. Jirousek and Mr. Brown to draft something on this topic. A motion was made by Kilgore and supported by Gritter to adjourn the meeting. Yes 6. No 0. Absent 1. Motion approved. Timothy Newhouse, Secretary Byron Township Planning Commission 8