Approved MINUTES
THE CITY OF THE VILLAGE OF DOUGLAS
PLANNING COMMISSION MEETING
JANUARY 16, 2008

1. The meeting was called to order at 7:04 pm by Chairperson Piggins.

2. ATTENDANCE: Dave Burdick, Christopher Nern, Alexa Urquhart, Karen VanPelt, Renee Waddell, John Piggins; also in attendance: Larry Nix, Ryan Kilpatrick, Williams and Works
ABSENT: Ron Dellartino

3. APPOVAL OF MINUTES of November 28, 2007 meeting.
Urquhart deleted all and added majority of to the second paragraph on page 6
Piggins added the word have to the last sentence of the second last paragraph on page 4

Motion by Urquhart, second by Waddell, to approve the Minutes of the Planning Commission Meeting of November 28, 2007 as amended
Motion carries

4. AGENDA CHANGES/ADDITIONS/DELETIONS
Motion by Waddell, second by Urquhart, to approve the agenda as presented
Motion carries

5. HEAR FROM THE AUDIENCE
There were no comments from the audience.

6. WRITTEN COMMUNICATION
A. Michigan Township Services Summary of Permits Issued for November, 2007 No comments
B. Michigan Township Services Summary of Permits Issued for December, 2007 No comments
C. Letter from Robert Sapita dated November 30, 2007, 852 Center Street
RE: West Shore Cottages Public Hearing held on November 28, 2007
Chairperson Piggins read into the record the bold sentences, attached
D. Letter from Dick Waskin dated December 6, 2007, and accompanying article, A Behavioral Approach to Avoid Regulatory Takings, MSU Extension Land Use Series
No comments
E. Letter from John Thomas dated December 17, 2007, and accompanying article, Whose Beach is this Anyway?, published in the Wall Street Journal.
No comments
F. Letter from Felicia Fairchild and David Swan dated December 19, 2007, and accompanying article The Fate of the Denison and the Potential Impact on Taxes
No comment
G. Letter from Janet Lugers dated January 7, 2008 RE: West Shore Cottages
Waddell thanked Ms. Lugers for a well-written and well thought out letter. It is important when looking at a PUD request to look at who will be paying for infrastructure improvements.

7. UNFINISHED BUSINESS
None

8. NEW BUSINESS
A. Distribution of Draft Zoning Ordinance: Select Chapters distributed for discussion at the February 6, 2008 Planning Commission Workshop

Nix distributed the first eighty pages of the new ordinance. Discussion will begin at the February 6 meeting.

9. ZONING ADMINISTRATOR REPORT
The information provided is for informational purposes to demonstrate to the commissioners what has been happening.

A. Letter from City Attorney VanderVeen to Attorney W. Sikkel, Property Law Solutions, PLC, dated November 19, 2007 RE: Saugatuck Storage Facility, attached
B. Letter from City Attorney VanderVeen to Mark VanderHeide, VonderHeide Architects dated November 20, 2007 RE: request for an amended site plan for Blue Moon Bar and Grill and the removal of the on-site driveway, attached.
Burdick questioned the listing of the property for sale and the ability to complete the work.
C. Letter from Williams and Works, Larry Nix, to City Manager Kowal, dated December 14, 2007 RE: proposed Boardwalk at Swing Bridge Project Plot Plan, attached.
D. Letter from City Manager/Zoning Administrator Kowal to Brent DeRose, Nederveld dated December 18, 2007 RE: Proposed Boardwalk at Swing Bridge Project Plot Plan and required escrow fee for future review, attached.
E. e-mail from City Manager/Zoning Administrator Kowal to Bill Sikkel dated December 28, 2007 RE: deadline for revised site plan for Borlund-Saugatuck Storage, attached.
F. Letter from Glen Pomp, Office of the Allegan County Drain Commissioner to City Manager Kowal dated January 7, 2008 RE: soil erosion and control inspections at the intersection of Water and Center Streets, attached.
G. Letter from City Manager/Zoning Administrator Kowal to Brent DeRose, Nederveld dated January 8, 2008 RE: Swing Bridge-Stop Work Order, attached.
H. Letter from Larry Nix, Williams and Works, to Bill Sikkel, Property Law Solutions, PLC, dated January 9, 2008 RE: Tabling of decision on West Shore Cottages pending applicant’s response to required conditions, attached.
I. Letter from Attorney Andy Mulder to Mark Von derHeide, VonderHeide Architects dated January 11, 2008 RE: non-compliance with site plan for Blue Moon; required removal of driveway, attached.
J. Letter from City Manager/Zoning Administrator Kowal to Jeff Klemm, Maxwell Development Company dated January 11, 2008 RE: non-compliance with site plan for Meadow Argus; required letter of credit, attached.

Burdick questioned the enforcement of the Blue Moon required work if the restaurant is to sell.
Waddell remarked that it would be helpful if all communication regarding enforcement included a time-frame for completion in the body of the letter.

10. HEAR FROM THE AUDIENCE

Bill Sikkel, attorney for Paul Wicks and the West Shore Cottages project, gave a status update on the project and questioned what other items the Commissioners wished to have looked at before the petitioners return. He said that the three items delineated in the motion to table at the November 28, 2007 Planning Commission meeting had been addressed. He did say that the next step in the process from the DEQ and Corps of Engineers would not be a report but a permit, and that could take three months. He asked if the commission really wanted to hold off the project that long. The reason for the additional information from the DEQ is the covering of the creek to make the course more challenging, not because of a drainage issue.

Sikkel, also representing Dean Borlund, mentioned that issues with Saugatuck Storage are in the process of being taken care of.

The Planning Commission debated and questioned the issues surrounding the safety and public welfare of allowing the project to go forward without a better understanding of the history of pesticide use; the danger to future purchasers from the contamination plume; the impact of the development on the McVea/Golfview Dr entrance; and the guarantee that the sidewalk would be included in the original building.

Piggins summed up the Commissioners conversation: the Planning Commission is looking for the DEQ/ Army Corps of Engineers permit to make the change in the golf course and a Phase One Evaluation (done by an environmental company, researching what has gone on with this property historically), in addition to the three items from the November meeting. The biggest concern is with the environmental aspects of this property.

11. COMMISSIONER COMMENTS

Nern expressed the need for the Planning Commission to understand where its authority lies.

Piggins agreed with Waddell that the Planning Commission needs to be concerned with the safety of our residents; looking at the practicality of protecting the residents while allowing developers to proceed to City Council.

12. Motion by Urquhart, second by Burdick, to adjourn at 8:25 PM.

Motion carries

Respectfully submitted,

Alan McPhail