APPROVED MINUTES
THE CITY OF THE VILLAGE OF DOUGLAS
PLANNING COMMISSION
DOUGLAS CITY HALL

OCTOBER 8, 2008 - 7:00 PM

1. Call to Order: Chair Nern called the meeting to order at 7:00 pm

2. Roll Call: Members present - Burdick, Dellartino, Nern, Urquhart, and Van Pelt. Members absent - Waddell. Also present - Ryan Kilpatrick, Planning & Zoning Specialist; Andy Mulder,
City Attorney; Larry Nix, Consultant.

3. Approval of Minutes:
A. September 10, 2008 Planning Commission Regular Meeting - Motion by Urquhart with support from Burdick to accept and approve the September 10, 2008 Planning Commission regular meeting minutes as submitted. Motion carried unanimously by roll call vote.
B. September 10, 2008 Planning Commission Special Closed Door Meeting - Motion by Dellartino with support from Urquhart to accept and approve the September 10, 2008 Planning Commission special closed door meeting minutes as submitted. Motion carried unanimously by roll call vote.

4. Agenda Changes/Additions/Deletions: Motion by Urquhart with support from Burdick to
accept and approve the October 8, 2008 Planning Commission agenda as presented.
Motion carried unanimously by roll call vote.

5. Hear from Audience:
A. Frederick Royce/144 Lake Shore Dr. addressed commissioners with his concerns regarding West Shore due care plan for examination of material, water drainage, and TCE contamination in the creek. Requested a plan of action from commission prior to their approval.

6. Written Communication:
A. Newsletter from the U.S. Environmental Protection Agency regarding PCB cleanup in the Kalamazoo River Superfund Site located near Plainwell. This letter is available for public review at the city hall building.

7. Old Business:
A. Reconsideration of the proposed application for Site Plan Review submitted by Von Der Heide Architects on behalf of Drew Howitt.
Andy Mulder, City Attorney summarized the basis for the request which came at his behalf. At the previous planning meeting Waddell had excused herself due to the appearance of conflict of interest and Van Pelt had been absent due to illness, these two absences left four remaining commission members to vote on the issue. Commission concerns were height and material use. After reviewing Mr. Kilpatrick’s review along with a review of the ordinances the conclusion is that there is no substantial basis for denial. Under Roberts Rules of Order Van Pelt is allowed to motion for a reconsideration of the application if wished.

Motion by Van Pelt with support from Urquhart to reconsider the application. Motion carried by roll call vote.

Commission Discussion: Ordinance clarifications regarding height within the
C1-A district from a legal standpoint, concerns regarding fire safety and the
potential use of the rooftop area. Further discussion took place regarding the submersion of a floor to meet height limitations. Also of concern to the commission was the intended language regarding the C1-A District. Commissioner Urquhart presented a brief analysis of what she believed the intent of the language is; no where in the ordinance can she find where a third floor is specified. Mulder stated that realistically the approach must be to view the matter as if it were before a judge and how the judge would view the ordinance; it is Mulder’s judgment that there is no substantial support for denial. Reference to the ZBA ruling on this issue was presented by Urquhart who would not like access to the top deck of the building. Kilpatrick reported that the fire department is satisfied with the proposal. The applicant assured commission that there would be no deck for occupancy on the top roof level.

Motion by Dellartino with support from Burdick that the Planning Commission approve the Site Plan dated June 26, 2008 for the proposed three-story, mixed use building to be located at 11 Water St. in the C1-A District (Property Parcel # 03-59-100-009-50) conditioned upon acceptable rooftop decks on parking garage, fencing along the north wall of the adjacent property at five feet height and fire department approval of the final plan. Roll Call vote resulted in a 3-2 decision (2 no votes cast by commissioners Urquhart and Van Pelt) Motion failed.

Mr. Mulder addresses the commission stating they were back to their original position where there is a designated seven member commission and majority would be four votes. In his view if the issue went to court the planning commission would lose.

Motion by Urquhart with support from Dellartino to reconsider the application. Motion carried unanimously by roll call vote.
Motion by Dellartino with support from Burdick that the Planning Commission approve the Site Plan dated June 26, 2008 for the proposed three-story, mixed use building to be located at 11 Water St. in the C1-A District (Property Parcel #03-59-100-009-50) conditioned upon acceptable rooftop decks on parking garage, fencing along the north wall of the adjacent property at five feet height and fire department approval of the final plan. Motion carried unanimously by roll call vote.

B. Site Plan Review and PUD of West Shore Development/application for a 125 unit residential development and 9-hole golf course to be developed as a PUD under condominium ownership.
Applicant was in attendance to answer questions or concerns from commission, also in attendance Mr. Bill Sikkel, Attorney; Todd Paquette of Driesenga & Associates and Roman Wilson of Lakeshore Environmental.
Larry Nix presented an overall review of the proposed project, DEQ has granted a permit, and applicant is proposing a change in sidewalks due to typographical area and phase one will have a letter of credit. Plans have been submitted for properly moving the soils and recommendations for additional conditions have been presented to the commission.
Attorney Bill Sikkle clarified that the cost of widening the road will be Mr. Wicks, the water main service is believed to be an off site improvement and not the responsibility of Mr. Wicks, addressing the TCE issue no well water will enter into the system, the applicant intends to install vapor barriers and all precautions will be taken to safe guard the area. Per state and federal law that requires disclosure, the information will be in the condominium master deed.
Commission Discussion: Concerns regarding other contaminant above the TCE contaminant, the Cities liability, disclosure, the need for additional monitoring while ground material was being moved, unknown risks involved and proper clean up procedures.
Chair Nern called for a short break session at 8:45 PM.
Chair Nern called the meeting back to session at 8:50 PM.
Roman Wilson, Brownfield Specialist for Lakeshore Environmental presented an overall due care plan for phase I and assured the commission that all precautions will be taken to assure the safety of the area. Current and past ground water studies will be instrumental in the project.
Commission added conditional items #15 - 19 to the existing conditions as outlined in Larry Nix memo to the Planning Commission and the city regarding the proposed planned unit development site plan for The West Shore Cottages and dated Nov. 20, 2007 updated Sept. 30, 2008. These conditions are available at city hall for public review.

Motion by Burdick with support from Dellartino that Planning Commission recommend to the City Council the approval of the request for site plan review and PUD of the West shore Development pursuant to the November 20, 2007 updated September 30, 2008 plan, including the additional condition items #15-19. Motion carried unanimously by roll call vote.

8. New Business:
A. Parkside Landing request for site plan review/ Consideration of a proposed landscape berm and retention pond within the designated open space in the southwest corner of the Parkside Landing site condominium project.
Commission Discussion: Questions were posed regarding the soil borings, why ponds do not require fencing as do swimming pools, and the monitoring of the pond for overflow.

Motion by Urquhart with support from Dellartino to approve the request for site plan review pertaining to the landscape plan for Parkside Landing contingent upon the monitoring of the pond to deter overflow. Motion carried unanimously by roll call vote.

B. Preliminary review and consideration of a proposed 600 square foot coffee
roasting facility in the C-2A Zoning District. Facility is proposed to be located in a portion of the Saugatuck Brewing Company facility at 2948 Blue Star Hwy.
Kilpatrick informed commission that he is seeking direction as to whether this is a special use or site plan.
Commission Discussion: Concerns were expressed regarding the odor that emits when roasting occurs.

Motion by Urquhart and supported by Dellartino to consider the application under special use. Motion carried unanimously by roll call vote.

9. Zoning Administrator’s Report.
A. Letter from Ryan Kilpatrick, dated September 16, 2008 to Richard Luckow/ Re: violation of the CURV ordinance. It has been reported the vehicle will be removed.

10. Audience Comments: None

11. Commissioner Comments:
Commissioner Dellartino presented an update on the Townships alternatives to improving the washout conditions along Lakeshore Dr.
Mr. Nix informed commission all ordinances are updated and a copy is ready for commissioners at city hall. An Oct. 23 6:30 pm meeting is set for review. There will be no meeting on the 15th.

12. Adjournment: Motion by Dellartino with support by Burdick to adjourn. Motion carried. (10:40 PM)

Submitted by: Pam Aalderink, Acting Recording Secretary