APPROVED MINUTES
THE CITY OF THE VILLAGE OF DOUGLAS
PLANNING COMMISSION
DOUGLAS CITY HALL
Wednesday, March 19, 2008

1. The meeting was called to order at 7:02 PM by Chairperson Piggins.

2. Roll Call: Dave Burdick, Ron Dellartino, Alexa Urquhart, Karen VanPelt, Renee Waddell, John Piggins; also in attendance: Ryan Kilpatrick, Zoning Administrator; Andrew Mulder, City Attorney.
ABSENT:
Christopher Nern

3. Approval of the Minutes
A. Planning Commission Regular Meeting Minutes of January 16, 2008

Motion by Urquhart, second by Waddell, to approve the Minutes as presented
Motion carries

B. Planning Commission Workshop Meeting Minutes of February 6, 2008

Motion by Urquhart, second by Dellartino, to approve the Minutes as presented
Motion carries

C. Planning Commission Workshop Meeting Minutes of March 5, 2008

Motion by Urquhart, second by Dellartino, to approve the Minutes as presented
Motion carries

4. Agenda Changes/Additions/Deletions
Kilpatrick suggested that item 8.A be moved to 6.G

Motion by Urquhart, second by Wadell, to approve the agenda as amended
Motion carries

5. Written Communication
A. Letter from Chairperson of the Planning Commission, John Piggins, to Mayor Balmer and City Council, dated March 3, 2008, RE: Resignation from the Planning Commission. Attached

B. Michigan Township Services Summary of Permits Issued for February 2008
Urquhart had a question about the items listed for the Rosemont Inn, whether they were just room updates. Yes.

C. Letter from Dick Waskin dated March 10, 2008; Chairperson Piggins read into the record; attached

6. PUBLIC HEARING RE: Proposed addition to a Special Use Permit submitted by Saugatuck Public Schools. The project in question is parcel numbers 03-59-016-047-00 and 03-59-016-065-21 and is commonly known as Douglas Elementary School. The school district is proposing to expand the existing structure with an additional six (6) classrooms on the south side of the structure. The school district is also planning other possible improvements and additions including the expansion of the baseball diamond on the southwesterly portion of the site.

Mulder gave some background information concerning the established criteria on a Special Use Permit requested by the Saugatuck Public Schools as a result of litigation that was subject to a hearing before Judge Corsiglia. The question is what rights a local municipality has in the State of Michigan dealing with the review of a school district facility in light of two factors. First, a statutory provision gives the State Superintendent of Instruction sole and exclusive jurisdiction to review building and site plans as they relate to educational institutions. In a case decided by the Michigan Supreme Court between the Northville Township and the Northville Public Schools the Justices agreed that the sole opinion of the State Superintendent dealt with on-site improvements and activities that were pre-emptive by the statute. The local municipality has the right to determine how the site-plan relates to off-site issues as they might have an adverse impact on the adjacent and adjoining structures. The goal of the Planning Commission will be to look at off-site conditions that may arise as a result of this development.

Kilpatrick presented the planning report utilizing a site-plan drawing showing the existing building, the addition, and the property line in differing colors for emphasis. He explained the applicable off-site requirements using the Douglas Zoning Code §§ 25.03 and 26.26. He also introduced Greg Janik and John Blok from the Saugatuck/Douglas Fire Department, and Steve Bishop, City Engineer. Since information from the Saugatuck Schools was not forwarded in a timely manner, comprehensive and thorough review was not possible for dissemination to the Planning Commission in the normal time-frame.

a. Motion by Burdick, second by Urquhart, to open the Public Hearing at 7:25 PM
Motion carries

b. Audience Comments
Heather Barton, 190 Union St, questioned why not use Schultz Park for the Ball Diamond?

Jane Mayer, 443 Amity, speaking as a citizen. The concern is lighting and how it will affect property values. Does this mean no lights ever? Who will be using the facility?

Martha Hoexter, 442 Amity, speaking as a private citizen. The proposal does not say that they will never put lights there; those lights are bright. The field is only a few feet from some units. Also concerned about the drainage; it currently comes between buildings and out. We want to be sure that the construction isn’t going to change the direction of the drainage.

John Overmeyer, 316 Union, if this is approved, do they have to keep out the lights forever or can they put them in at a later date?

Jim Wiley, 314 Union, shares the longest property line with the elementary school. Wondering if there will be action taken on this tonight, he was under the impression that the ball field was not going to be a part of the discussion. Overall he has been happy with the relationship with the schools.

Kate Casey, 190 Union St, concerned about the parking and the noise; there is absolutely no screen from the noise.

Dave Bartlett, 488 Amity, in support of the neighborhood. Take the ball field to Schultz Park; there is genuine concern about the dropping of property values.

Tara Fry, 483 Amity, shares the concern about the lack of parking; it will be a safety hazard. We support the schools on many levels but are not happy with what is happening; we have our home values to be concerned with. It would have been nice if a postcard had been sent to those in the immediate vicinity.

c. Petitioner Presentation
Tim Wood, Superintendent of Saugatuck Schools, began his remarks by inviting neighbors to a dessert on Tuesday, April 1, 2008 to have questions answered. Lights will never be placed on this field, ever. With the location of the field, it will not be used for adult play, it is not a slow pitch field; it will be the only hardball field in the area.
Parking should not be an issue because games are played beginning at 4:00 PM; school is out at 3:00 PM. Parking in front of the school should be more than adequate for the normal crowd of 50 to 60 people.

James Barth, 474 Amity, asked where baseball is being played now.

Wood responded that baseball is currently being played at the High School; that field is being renovated to include a track.

Tara Fry, 483 Amity, wondered if it was possible to see what the posts and rails will look like. Wood showed an architectural drawing showing the renderings of the school building additions; designed to match the existing building.

Diane Bailey, 461 Summer Grove Dr, the water main is currently not adequate, how will the schools address that? Wood responded that there are conflicting reports on that issue. Bailey asked to address the south side of the building. Wood said that there is a twelve inch main on Union Street.

Jim Wiley, 314 Union St, asked to see the new property line from the Demerest Property; where is the place that people parked from Way Point Restaurant? Wood said that acquiring the Demerset property gave them enough room to expand the field for use as a baseball diamond. Wiley said that the Outdoor Public Recreation Ordinance states that all sports fields shall be a minimum of 100 feet from any lot line and 200 feet from a home. Kilpatrick responded that the Planning Commission cannot respond to questions of setbacks under the jurisdiction of the local municipality.

Mulder asked about fowl balls to Way Point Restaurant; it will be serving dinner soon. Wood said the field is close to Way Point.

Kate Casey, 190 Union, asked about plans for landscaping; will the basketball court be moving about 25’? Kilpatrick explained that sheet three on the plans show the basketball court moving over about 25 feet. If you are not intending to move that there is an error in the plan.

Wood said that construction would begin in the summer of 2008 in order for the field to be open in April of 2009.

Dave Cartwright, 408 Amity, mentioned that there are two units backing the field with glassed-in Florida Rooms. Wood said there is 25’ not with gates, there are access points throughout the evergreen trees that will stay.

Piggins asked what material the permanent fence will be. Wood responded that it would be 6’ black chain link with netting to 25’ above. Jim Wiley, 314 Union, asked about the fence in Center and Left fields. Wood said that the fence would be the six foot chain link all around.

Heather Barton, 190 Union, asked about the placement of the scoreboard.

Sam Phillippe, 31 Washington, said that if the roadway were moved over slightly the field at Schultz Park could be turned into a hard-ball field suitable for high school play.

David Kowal, City Manager, said that it was important to make a few things clear. The city had requested adequate plans that were reviewable by the Planning Commission; a meeting with the attorney, with Williams and Works, and with the Fire Department. This is the first time the fire department was given plans for the proposed construction.

Mulder said that there are issues relating to the availability of public utility. Who reviews this if the city is pre-empted? In reviewing school plans for the State of Michigan who reviews in the area of fire and emergency access? A report must be issued by the fire service, is it reviewed by the State of Michigan?

Greg Janik, Deputy Fire Chief, was assured by Dr. Wood that the plans are preliminary. The Fire Department needs water and access to connect from the bus lane so that the department can come in from either side of the building. The hydrants on Randolph St are old; the school should consider extending the water main and add a hydrant to access the south side of the building.

Steve Bishop, Fleis and VandenBrink Engineer, said that storm water was an issue but that current drawings show that this should not be a concern any longer. The fire flow available on Randolph in front of the school is a very high priority problem; the Saugatuck Schools should consider replacing the water-main.

Burdick said that this is an existing condition that needs upgrading in order to protect the school. Bishop said that the construction of the addition would seem to be an appropriate time to address the problem.

John Blok, Saugatuck/Douglas Fire Chief, said that there are no hydrants currently available with large enough fittings to connect the tower truck; proposing additional water mains to be able to use the proper equipment.

David Wilkins, GMA Architects, said that they had tried to cooperate with the city; that they had initiated the meeting on March 11.

Burdick asked about large underground storage areas; will you put a pump between those?

Wood thanked the Commission for the opportunity to present the information.

Greg Harvath, 89 Washington, questioned why we are taking a field that really doesn’t fit into the space and making it fit into the space. What about the interior of the elementary school? What about the safety of the children with construction equipment and workers on the premises?

Wood assured all parents that all students will be safe. The current playground will be utilized and there will be places for the children to play.

Tara Fry, 483 Amity, we know that there are times when additional items come up; the citizens ask to be informed.

e. Motion by Urquhart, second by Waddell, to close the Public Hearing at 8:45 PM
Motion carries

f. Questions, Comments, and Discussion by Planning Commission Members
Piggins made note of the fact that there are a number of materials listed on the agenda pertaining to this item that may be helpful to review.

Mulder said that the Notice that was in the packets for tonight’s meeting was put together with information given to the city in February. The project was for six additional classrooms. There was no information for the ball diamond because the information that we had did not include that. We have received some information but we certainly have a problem with the Public Hearing Notice that was done on February 26, 2008 based on the information that we had received. On the basis of the problem in the Notice there is no other alternative than to have another Public Hearing on the Bal Diamond.

Urquhart said that it is reasonable only to discuss the six classrooms. I would like to be sure that we have an adequate water supply as a condition of approval. We also need access along the side of the building for emergency vehicles.

Waddell would like to applaud Wilkins for his willingness to move forward. I would like to publicly apologize for the School and the City. I am asking you to be a good neighbor; I don’t see that you have been a good neighbor. What conditions and requirements have been addressed? It is in your best interests to deal with the Fire Department and with the Engineers. Key issues: fire, engineering, traffic flow. It is very congested for anyone living on Randolph. Would a traffic light help with that?

Mulder said that the amount of traffic flow to need a traffic signal is based on volume. Bishop said that would require a traffic study; that the results sometimes go counter-intuitive to what you might think.

Waddell said that an agreement letter with Way Point might be a good idea. When all of this is settled it is important to have an updated plan on file here in the office.

Burdick commented that setting aside the field issues; these were stated clearly by the audience and will be addressed. Regarding the six classrooms, the things we have the ability to comment on, the fire issue seems to be leaning more toward the state. There needs to be access at the south side of the building, leaving a twelve foot gap so that the fire trucks can get in there. As a community issue, that is of critical importance. The water-main on Randolph St appears to be a Council issue; it is inadequate and needs to be upgraded. I’m looking at Union St and seeing a feed off that water-main into the school campus that goes a long way toward protecting the building. The edge of the basketball court is at the edge of the driveway, it won’t change the noise level. In looking at the issues directly off-site that we have the ability or the jurisdiction to really address I strongly urge the school to follow the fire recommendations as part of our granting of the Special Use.

VanPelt said that there needs to be fire protection access and the protection needs to be optimal.

Dellartino agrees with his fellow Commissioners. He doesn’t believe that the project has anything to do with traffic problems. He believes that issues will be taken care of since they were brought up at a Public Hearing.

Waddell asked Wilkins if there was to be an anticipated increase in enrollment as part of the addition. Wilkins responded that the addition would just take care of the portable classrooms, not increase enrollment.

Piggins asked if there would be any problem in separating the issues with the Commissioners. In regard to the fire protection and fire access; if we pass a motion that states that fire protection is part of the approval, do we have the authority to review or enforce? Mulder responded that because of the Northville case there would be enforcement because it impacts the community.

Waddell asked about an Escrow account for the project. Kilpatrick said no; that communication began in January and that plans should be submitted as soon as possible.

Motion by Dellartino, second by Urquhart, to approve the proposed expansion of the existing structure of the Saugatuck Public Schools with an addition of six (6) additional classrooms on the south side of the Douglas Elementary School based upon the plans submitted by GMB Architects (Project #5-1068, reference seven (7) pages; parcel # 03-59-016-047-00) subject to:
1. Saugatuck Fire Department approval of fire access and water supply to be filed with the State of Michigan
2. Approval of the City Engineer relating to storm water drainage for the proposed improvement

Roll call vote:
Dellartino, yes; Urquhart, yes; Burdick, yes; Waddell, yes; VanPelt, yes; Piggins, yes
Motion carries

Piggins asked about filing a Public Hearing.

Motion by Urquhart, second by Dellartino, to set a Public Hearing for April 16, 2008 for the Saugatuck Public Schools Baseball Field Plan
Motion carries

Kowal reiterated that as the staff member who has spent the most time with this issue; yes, we requested plans on the 12th and received them on the 13th but we had been requesting them for months. We are asking for continuing cooperation.

Agenda Items for Item #6 Include:
A. Notice of Public Hearing
B. Memorandum from City Manager/Zoning Administrator Kowal to Planning Commission dated March 14, 2008
C. Letter from City Planning and Zoning Specialist, Ryan Kilpatrick, to Travis Vruggink of GMB Architects, dated March 12, 2008 RE: follow-up to meeting with City Engineer, Steve Bishop, to discuss city requirements for special use permit application and potential off-site impacts of the Douglas Elementary School expansion project.
D. Relevant section of court transcript of recent motion hearing before the Honorable George R. Corsiglia, in the matter of Saugatuck Public Schools vs. City of the Village of Douglas
E. Proposed plan and narrative statement for the expansion of Douglas Elementary School and related playground/ball field areas as prepared by GMB Architects
F. Applicable “off-site” requirements; Article XXV: Special Use Procedures; Section 25.03, Standards, of the Douglas Zoning Ordinance

Motion by Dellartino, second by Burdick, for a five minute recess at 9:25 PM
Motion carries

Return at 9:40 PM
7. PUBLIC HEARING RE: Proposed Amendment to Article XXIX; Section 29.02 of the City of the Village of Douglas Zoning Ordinance. The proposed amendment will establish clear criteria for the creation and membership of the Zoning Board of Appeals of the City of the Village of Douglas. This will include language pertaining to the composition of the Board, alternate members and terms of office.

Kilpatrick spoke to the change citing the 2006 Michigan Zoning Enabling Act, formally known as P.A. 110 of 2006. As a community of less than 5,000 residents, it is recommended that the City of the Village of Douglas have a ZBA of between three and five members. The proposed amendment will allow the City Council to appoint up to five (5) members to the Zoning Board of Appeals, one of which must sit on the Planning Commission as well.

Commissioners Waddell, Urquhart, and Piggins had questions and comments.

a. Motion by Waddell, second by Urquhart, to open the Public Hearing at 9:49 PM
Motion carries

b. There were no written comments

c. Petitioner presentation: see above

d. There were no audience comments

e. Motion by Urquhart, second by Waddell, to close the Public Hearing at 9:50 PM
Motion carries

Motion by Dellartino, second by Waddell to recommend to the City of the Village of Douglas City Council to adopt the Ordinance #02- 2008, Zoning Ordinance of the City of the Village of Douglas (Article XXIX; Section 29.02)
Roll Call vote:
Dellartino, yes; Waddell, yes; Burdick, yes; VanPelt, yes; Urquhart, yes; Piggins, yes
Motion carries

Agenda Materials for Item #7 Include:
A. Notice of Public Hearing
B. Memorandum from Ryan Kilpatrick, Planning and Zoning Specialist, dated February 14, 2008 RE: proposed amendment to the Zoning Ordinance
C. Proposed Ordinance (Ordinance # 02-2008) to amend the zoning ordinance

8. New Business
A. Done above as 6.G
B. Done above as 7.e
C. Motion to approve, approve with conditions, deny, or table the proposed application for site plan review of 11 North Water Street

Motion by Urquhart, second by VanPelt, to table the Site Plan Review for 11 North Water Street until the Site Plan is in compliance with the ordinance.

Discussion:
Urquhart said that it is not the Planning Commission’s duty to go through a plan until the plan is in compliance with the ordinance.

Dellartino asked for further information from Urquhart. Kilpatrick’s memo of March 13 would indicate that all of the issues were taken care of already.

Roll call vote
Urquhart, yes; VanPelt, yes; Waddell, recused; Burdick, no; Dellartino, no; Piggins, yes

Motion carries

9. Unfinished Business
None

10. Zoning Administrator Report

A. Letter from City Manager, David Kowal, to the Michian Department of Environmental Quality, dated February 21, 2008, RE: request for a Public Hearing pertaining to the application submitted by R.J. Peterson on behalf of Douglas Lakefront Properties, LLC (Swing Bridge)

B. Letter from Planning and Zoning Specialist, Ryan Kilpatrick, to the owners of JoJo’s Americana Supper Club, dated February 26, 2008 RE: violations of the City of Douglas Sign Ordinance
Kilpatrick said that JoJo’s will continue to have the sign but that they will be careful of placement.

C. Letter from City Attorney, Andy Mulder, to Western Surety Company, dated February 27, 2008 RE: default and non-compliance with the requirements of the Douglas Planning Commission (Blue Moon Driveway)
Mulder explained that the owners had a condition to remove the driveway including a $5,000 performance bond; the city is making demand on the bond to make sure that the site is in compliance with Planning Commission requirements.

D. Letter from Attorney, Barbara Ruga, Clark Hill PLC, to City Manager, Dave Kowal, dated March 4, 2008 RE: Saugatuck Public Schools request for a hearing before the Douglas City Council to address the February 8, 2008, Notice of Zoning Violations of the Early Childhood Center, 261 Randolph
Mulder summarized the letter; there have been overtures made to have a meeting to resolve the issues prior to going to Council.

E. Letter from Michigan Department of Environmental Quality (MDEQ) to City Manager, David Kowal, dated March 11, 2008 RE: confirmation of Public Hearing pertaining to the application submitted by R.J. Peterson on behalf of Douglas Lakefront Properties, LLC (Swing Bridge) - April 10, 2008; 7:00 PM

11. Hear from the Audience
Sam Phillippe, 31 Washington, here to speak against the building on 11 Washington. A three story building right next to my property will completely block my sunshine; there will be a roof deck looking down into my yard. The builder needs to comply with the letter of the law.

Kate Casey, 190 Union, stated that the School has never made an attempt to resolve the issues.

Kilpatrick wished to have some direction from the Planning Commission regarding the 11 Water St property. Urquhart responded that the property was a Special Use as a parking lot. What was approved in the past has no bearing on the new project. When there are that many things that don’t come close to complying with the ordinance, we shouldn’t be seeing it. Burdick questioned the distance the building was from the bulkhead.

Waddell spoke in deference to Kilpatrick while he is defending the ordinances.

12. Commissioner Comments
Urquhart had none.

Waddell asked Mulder to share what was said by the Superintendent as he took his leave. Mulder said that the School indicated that they intended to go forward with their project. Waddell would like for the City to require an escrow account for any additional work.

Burdick quoted Rodney King: “Can’t we all just get along?” Our City Manager has taken more garbage than he should be. The message should be that this is a really small town; don’t let acrimony come into this.

VanPelt thanked Piggins on his leadership.

Dellartino agreed with the sentiments of VanPelt and Burdick.

Piggins complimented Kilpatrick and Kowal for doing good work. See you in court!

Motion by Dellartino, second by Waddell, to adjourn the meeting at 10:20 PM
Motion carries

Respectfully submitted,

Alan McPhail