Village of Douglas Planning Commission Proposed Minutes

APPROVED MINUTES
THE CITY OF THE VILLAGE OF DOUGLAS
PLANNING COMMISSION MEETING
DOUGLAS CITY HALL
Wednesday, April 16, 2008

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

2. Roll call: Dave Burdick, Ron Dellartino, Alexa Urquhart, Karen VanPelt, Renee Waddell, Christopher Nern. Also in attendance: Ryan Kilpatrick, Williams and Works; Andrew Mulder, City Attorney; and Dave Kowal, City Manager.

3. Approval of Minutes
A. Planning Commission Regular Meeting Minutes of March 19, 2008
Urquhart wished to change the word “come” to the word “go” in the discussion of 8.C. on page 9.

Motion by Urquhart, second by Waddell, to approve the minutes of the Regular Meeting of the Planning Commission on March 19, 2008 as corrected
Motion carries

B. Planning Commission Workshop Meeting Minutes of April 2, 2008

Motion by Urquhart, second by Waddell to approve the minutes of the Workshop Meeting of the Planning Commission on April 2, 2008 as presented
Motion carries

4. Agenda Changes/Additions/Deletions
Dellartino wished to add City Manager Dave Kowal to the Discussion by Commissioners phrase following 6.E. Public Hearing.

Motion by Waddell, second by Urquhart, to approve the Agenda for the April 16, 2008 Planning Commission Meeting as amended
Motion carries

5. Written Communication

A. Newsletter from the U.S. Environmental Protection Agency regarding status of the PCB cleanup project of the Kalamazoo River.

6. PUBLIC HEARING RE: Consideration of an application for expansion of and addition to a Special Use Permit submitted by the Saugatuck Public School District. The property in question involves parcel numbers 03-59-016-047-00 and 03-016-065-21 and is commonly known as Douglas Elementary School on Randolph Street, Douglas, MI. The Saugatuck Public School District is proposing to expand the existing elementary school softball field to accommodate a larger high school varsity baseball field. The Planning Commission will consider the special use request and the off-site conditions of the proposed expansion and addition.

A. Declare Public Hearing Open

Motion by Urquhart, second by Burdick, to declare the Public Hearing open at 7:07 PM
Motion carries

B. Written comments
1. Flyer (undated) prepared by and distributed to residents of Amity regarding the proposed construction of a varsity baseball field at the site of Douglas Elementary; Saugatuck Public Schools. (Attached)

2. Letter from Mr. Victor DiMercurio, 454 Amity, to Dave Kowal and Ryan Kilpatrick, dated March 3, 2008 RE: concerns about the proposed construction of a varsity baseball field at the site of Douglas Elementary; Saugatuck Public Schools. (Attached)

3. Letter from Mike O’Conner, 433 Amity, to Tim Wood, Saugatuck Public Schools, dated April 2, 2008 RE: concerns about the proposed construction of a varsity baseball field at the site of Douglas Elementary; Saugatuck Public Schools (SPS). Also raises concerns about tax dollar waste associated with the lawsuit filed by the SPS against the City of the Village of Douglas. (Attached)

4. Letter from Rich Beebe & Susan Martin received April 7, 2008 R: concerns about the proposed construction of a varsity baseball field at the site of Douglas Elementary and school taxation in general; Saugatuck Public Schools. (Attached)

5. Letter from Robert J. Roll, 437 Amity, received April 7, 2008 RE: concerns about the proposed construction of a varsity baseball field at the site of Douglas Elementary; Saugatuck Public Schools. (Attached)

6. Letter from Dale Dietzel & Paul Sendra, 436 Amity, to Todd Cordill, State of Michigan, Bureau of Construction Codes, received April 9, 2008 RE: concerns about the proposed construction of a varsity baseball field at the site of Douglas Elementary; Saugatuck Public Schools. (Attached)

7. Letter from Paul Sendra, 436 Amity, received April 9, 2008 RE: concerns about the proposed construction of a varsity baseball field at the site of Douglas Elementary; Saugatuck Public Schools. (Attached)

8. Letter from Paul Sendra and Dale Dietzel, RE: concerns about the proposed construction of a varsity baseball field at the site of Douglas Elementary; Saugatuck Public Schools. (Attached)

9. Letter from Paul Sendra and Dale Dietzel, RE: concerns about the proposed construction of a varsity baseball field at the site of Douglas Elementary; Saugatuck Public Schools. (Attached)

C. Petitioner Presentation

Mike VanLoon, Saugatuck Board of Education Vice President, spoke on behalf of the School District. He began with a brief overview of the process taken with the community in preparation for the bond proposal. He passed out a sixteen point list from the district in response to the concerns voiced at the meeting organized by the residents of Amity Lane on Sunday afternoon. VanLoon introduced Dan Lamar and David Wilkins who used a drawing of the proposed field to indicate some changes.
Waddell asked to see where the items are located on the plan submitted for review by the Planning Commission. Nern requested clarification: the plans do not show these changes. Mulder asked if the commissioners needed additional clarification. Kowal said that the staff had not been apprised of the changes presented; the plans do not match what was sent to the city beforehand. Nern questioned what additional changes would need to be part of the approval. Additional discussion continued regarding the feasibility of continuing the Public Hearing. The hearing continued.

Dan Wilson, Baseball Coach said that regarding the dimension of the field, no specific dimension is necessary; other fields have smaller outfields. The diamond needs to have 90’ base paths; 60’ to the plate from the mound.

Liz Broderick, Director of Business Services, Saugatuck Public Schools, spoke to the letter from Greg Janik, Assistant Fire Chief, regarding access for emergency vehicles. She indicated that he had missed details concerning the press box. Janik told her in an earlier conversation today that the plan would be adequate for emergency access. Dellartino asked Broderick to point out the path on the plan; she indicated it off of Union Street.

Jim Smith, Varsity Baseball Coach, said that he felt that the meeting with the Amity residents went well on Sunday. He distributed a diagram of the number of hits and where they landed during games in the past year. He also indicated that the likelihood of baseballs traveling in to the neighboring condominiums was unlikely with a high school athlete’s ability. Nern asked if the diagram was imposed onto the new field diagram. Yes. Burdick asked about the usual number of “fans.” Smith responded that normally there are between 35 to 50 spectators at the varsity games.

Travis Vruggink, GMB Architects Engineer, spoke about the drainage issues so that the field is play-able, allowed for drainage around the dugout, and the outside of the field. In addition to infiltration issues, the new system will take roof water currently going into leach basins, extend that to the south and add leach basins there. This will all be underground as part of the elementary addition. The natural drainage field takes a southerly path down centerfield; on the west side of Amity it turns along right field; that water is collected and taken along the field.

Jack Wilson, 153 Elizabeth, parent, spoke to the concern about parking and indicated that there has never been a parking problem with the field and there is access from the elementary school lot.

Becky Carten-Crandall, is in charge of setting up the sound system for the games. She indicated that the system is only used to play the National Anthem and to do introductions before each game. Burdick asked if there was play-by-play done at the games. No.

VanLoon concluded by saying that this is a wonderful community that provides for its youth. High School plays a big part in the growth of the community’s youth. This is the only adequate site for baseball in the area. Burdick asked about statistics concerning vandalism. Broderick indicated that was a very low occurrence.

D. Audience Comments

Jim Wiley, 314 Union Street, asked for clarification on what is being done in consideration of the court hearing in Judge Corsiglia’s courtroom. Mulder gave a brief overview of the ruling by Judge Corsiglia. Scott Smith, legal council for the Saugatuck Public Schools agreed with Mulder’s view.

Paul Sendra, 436 Amity, spoke in support of the schools but not on this issue. The field is unsightly and too close to his home. There appears to be acreage at Schultz Park. He was happy to hear some of the options that the school offered. Regarding the trees to be planted, how large would they be?

Tara Frey, 483 Amity, as a group the residents share a great concern but would like to thank the school people and the commissioners who were able to attend the meeting on Sunday. She asked if the revised drawings would be sent to the state for review. It is important that the fence and trees go all the way along the boundary. She doesn’t feel the drainage issues have been completely addressed for those properties that are close to the playground. Amity is not completely convinced that they have exhausted all of the possibilities.

Dan Ryan, 318 Union, voiced his concern over balls being hit into his home. How far does the retaining wall go?

Jane Mayer, 443 Amity, spoke of the concern she has over the revised plans. She also voiced concern over people using Amity for parking and that the residents were not made aware of the ball field in the process of passing the bond issue.

Phillip Raywood, 451 Amity, presented a petition signed by 55 people who do not agree with the proposal. Urquhart asked about the proposal language. Nern paraphrased the petition briefly.

Jim Wiley, 314 Union, indicated that he shares the longest property line with the Douglas School. His concerns included a retaining wall eight feet from his home, a bullpen, advertising, and traffic. He voiced his vigorous opposition to the shoehorning of the field next to his property.

Bill Winter, 484 Tahquamenon, said that the commission needs to stick with measurable data to make an informed decision.

Kate Casey, 190 Union, asked how many acres the ball field is going to take up. According to Newsletter it states that an elementary school our size should have 14 acres, we have 10. Where the field is sunk, what are the walls? Will the trees being lost in left field be replaced? Parking is an issue. VanPelt asked for clarification on where the acreage information came from.

Dale Dietzel, 436 Amity, spoke in opposition to the field. It does not fit where they plan to put it; the field is jammed right up to our deck, there is a batting cage right on the property line. He hopes that the Planning Commission will look at this closely and consider the residents in their deliberations.

Colton, student, Laketown Township, felt that if the field is on the school’s property then it fits. It is the school’s prerogative to use the property as it sees fit.

Marv Demerest, 253 Randolph, has lived next door to the school for a long time.

Martha Hoexter, 492 Amity, thanked the Planning Commission for listening. She said that had the Public Hearing taken place earlier in the process with good plans that didn’t change there wouldn’t be the dissention in the community. The Schools and the City should not be suing each other! There has been nothing said about rest rooms; are the retaining walls safe?

Jane Mayer, 443 Amity, very vehemently spoke to the point that this should never have happened, still not sure of the plans; if the school system cannot play by the rules, who can?

Scott Smith, SPS attorney, comments should pertain to the Public Hearing.

Anne Schock, 212 Randolph, lives across the street from the school. If you buy a home expecting the surrounding area to never change, you are not buying reality.

Liz Broderick, SPS Business Director, there have been picture circulated on YouTube: there are rights that are protected by law, people cannot come onto school property to take photos without permission.
Jack Wilson, 153 Elizabeth, vandalism is not an issue with the High School.

Leland Anderson, 435 Amity, spoke in opposition to the proposed changes as currently stated; no one ever said they were going to force a high school field on an elementary school.

Andy Diaz, 6544 142nd regarding the noise issue: there is not going to be anything as loud as the nightclub behind Amity. He asked around about the resale value with a school field and the answer was that great places to raise kids are what raise property values.

Bill Dunn, 3447 Clearbrook, Athletic Director, the district had discussed options for sites other than the elementary; it was deemed the best alternative.

The district was given the opportunity to respond to the questions from the audience.

VanLoon presented a hand-written list of the changes made to the plans since the last submitted. He explained that the changes were community driven.

David Wilkins, GMB Architects, answered the questions from the audience for the petitioner. The sizes of the trees to be added along the property line would be in the 10 to 12 foot range. The chosen location for the batting cage would be near the field. The fence line would go to the property corner and turn on the westerly edge. The morning meeting times for questions during the construction period might be held at different times. There are trees adjacent to the property that will be removed; five trees west of the existing playground will be taken out. The retaining wall will not run the entire length of the property. It will be a stacked block retaining wall ranging in size from zero to four feet high. Along the edge is a six foot fence. In regard to the steps from Amity: we are trying to get the kids to school safely, the district is using four feet of property on the school property to build these steps from Amity to the school grounds. If additional trees are needed, they will be gifted to the adjacent property. The property to the south remains as is; there is a 42’ tree that will stay. There is no intention of advertising on the net, the netting is to be raised and lowered as needed. Emergency access is available from Union Street. There are two existing restrooms available for the ball field that is part of the elementary.

VanLoon thanked the commission for its time and attention. This is a fluid process, the district worked hard to get as much information together as well as it could following the citizen meeting on Sunday afternoon.

E. Public Hearing Declared Closed

Motion by Dellartino, second by Urquhart, to declare the Public Hearing closed
Motion carries
Commissioner discussion:

VanPelt stated that she was still unclear about the play area left for the elementary students following construction. VanLoon responded that the current playground will be completely replaced at the completion of the ball field. Wilkins said that the area is fenced for safety. VanPelt asked why it was necessary to remove the large trees from the playground. Wilkins said that was to extend the ball field.

Dellartino commented on the fencing.

Urquhart noted that she was impressed with the thoroughness of the irrigation system. She would appreciate information from Kal Lake that there won’t be a pressure drop to adjacent property when it is in use; she would be more assured if the information came from someone who knows. Drainage: there is run-off from the roof of the school along with the field water; not convinced that the drainage issues are solved. Landscape buffer: would like to know what the final buffer is going to be. The size and the placement of the scoreboard: it is important to know that if it is already four feet off the ground, a six foot tree is not going to screen that.

Waddell noted that the city is trying to follow the court process and to review what we have in front of us. Regarding the vandalism question, she would prefer a police report to make an informed decision. We need an updated report from the fire department. Parking is an issue; there are new owners at Way Point Restaurant, there should be an agreement in writing about parking, possibly a deed restriction, to deal with complaints about parking at the restaurant.

Burdick said that the commission needs to be looking at the impact the changes make to the existing conditions. The only truly significant change to the property is the drainage and water; we need to make sure that they are engineered properly. The difference between a baseball field and a softball field is that you end up with 35 to 50 spectators.

VanPelt said that she is still concerned about the quality of the space that will be left for the elementary school; the green space that the children have been able to play in. She feels a lot will be lost to the children and to the community. Is there another place the diamond could be so that the elementary children do not lose?

Dellartino said that the commission has come a long way to be able to hear the concerns of the people this is going to affect. The commission needs to address the drainage and water issues. When does the net go up and down? He needs more time to review the plans as amended before he can vote on the social and economic impact this will have on the adjacent dwellings.

Nern said that there is nothing wrong with change, but understanding fully what we are being asked to approve is important. The school district needs to have an understanding of what is needed and what it looks like for us to know the most intelligent and logical way to proceed.
Kowal said that the community is here because the school is expanding its Special Use permit and needs to go through our zoning ordinance standards. The Planning Commission will hear the presentation and make its Findings of Fact to deal with on-site issues affecting off-site implications. Subsection 4 of 25.04 speaks to the special use standards that we believe relate to potential off-site implications. The District has the responsibility to comply with these discretionary standards; the Planning Commission has the responsibility to review and to make its decision. Of the seven standards the district failed to comply with a number of these. My recommendation coming in to the meeting is to reject the special use application of the Saugatuck Public Schools. The other criteria are in 26.26.6 that we were looking at in making a recommendation. Based on the plans that were presented this evening, I was not anticipating revised plans; we have no other choice than to table this to a date in the future. We wanted to move the process along as quickly as possible.

Smith clearly upset by the delay said that we got Kowal’s report on Monday, Fire today. You asked us to be responsive to what the community asks for; this costs us another month. Kowal responded that both Public Hearings had been scheduled long before the staff had time to review the information. Based on the late submissions, how can we make a decision without final plans with everything that you are planning to do? Given the additional information that I’ve seen this evening it is possible that the original recommendation to reject may change.

Nern commended the School District for having a whole range of resources available to answer questions; expediency does not always resolve the conflict, a little delay with a wiser approach helps.

Kilpatrick noted that normally the city requires a month to review plans.

Urquhart questioned whether Public Hearing was needed if the commission did not set a date tonight. Mulder said that the Public Hearing had been held.

7. New Business

Motion by Dellartino, second by Waddell, to table action on the application for expansion of and addition to a Special Use Permit submitted by the Saugatuck Public School District involving parcel numbers 03-59-016-047-00 and 03-59-016-065-21, commonly known as Douglas Elementary School, to a date uncertain pending further information

Roll call vote:

Dellartino, yes; Waddell, yes; Burdick, yes; Urquhart, yes; VanPelt, yes; Nern, yes

Motion carries unanimously

Agenda Items for Item #6 Include:

A. Notice of Public Hearing

B. Letter from City Planning & Zoning Consultant, Ryan Kilpatrick, to David Wilkins, GMB Architects, dated March 25, 2008 RE: follow-up to meeting and public hearing with City Planning Commission, to request additional plans and documentation to address public and Planning Commissioner concerns.

C. Plans (in addition to those received prior to the March 19 public hearing) for the expansion of the playground/ball field areas at Douglas Elementary School as prepared by GMB Architects. (To be revised.)

D. Applicable “off-site” requirements; Article XXV: Special Use Procedures; Section 25.03, Standards, of the Douglas Zoning Ordinance.

E. Staff Memorandum from City Planning & Zoning Consultant, Ryan Kilpatrick, to Planning Commission dated April 11, 2008.

F. Non engineering rendering identifying the school and residences in the area

G. Similar drawing marked as proposed

H. Letter from Superintendent Wood and Vice-President VanLoon RE: Saugatuck Public Schools Varsity Baseball Stadium Project.

I. High School 2007 “Hits” chart

J. Version 3.2 Internet information RE: high school baseball hit possibilities

8. Unfinished Business
There was none.

9. Zoning Administrator’s Report

A. Letter from City Attorney, Andy Mulder, to Mr. R.J. Peterson, dated April 2, 2008 RE: site plan requirements for the expansion of the spoils area for dredging at the Tower Marine site with attached letter from Attorney Mulder to R.J. Peterson dated September 26, 2007.
The letter to Tower Marine must come before the Planning Commission because it involves a change to the site-plan; we have not received the plans for that use.

B. Letter from City Planning & Zoning Consultant, Ryan Kilpatrick, to Mr. R.J. Peterson dated April 8, 2008 RE: Special Use Permit requirements for the apparent expansion of Tower Marine.
The permit pending by the MDQ for floating docks is also going to impact his land site-plan.

C. Letter from City Planning & Zoning Consultant, Ryan Kilpatrick, to Mr. Dick
Waskin, dated April 8, 2008 RE: Site-Plan requirements for the reconstruction of the building located at the corner of Center and Main Streets, Douglas, MI, casualty of a recent fire.

10. Hear from the audience
There were no comments from the audience.

11. Commissioner Comments

Urquhart said that she is glad to see that we are making progress with the school decision; uncomfortable making a final decision based on verbal information.

Waddell asked Mulder about Court proceedings today. Mulder responded that the Rodriguiz decision will be made on the record; it points out the importance for documenting the reason you are doing what you are doing. The judge had read the briefs and was intrigued by the road problems. Kowal noted that Mulder is arguing in the Allegan Court; the second lawsuit is for damages and for land-taking, it is being handled by the insurance carrier. The second case was stayed; the outcome from the decision should impact the other decision. Swing Bridge is also suing.

Burdick went back to the letter to Waskin. He noted that the fire department was barely able to shoot water into the third floor of the building and that he had been turned down on a taller building. Should the commission request the fire department to come in on one of the first Wednesday meetings?

Dellartino had further comments on the events of the fire.

Kowal noted that if it were not for this process, the city would not have ended up with what we have been able to accomplish tonight.

12. Adjournment

Motion by Urquhart, second by Waddell, to adjourn the meeting at 10:27 PM
Motion carries

Respectfully submitted,

Alan McPhail

New | Directions | Return Home