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

Wednesday, September 10, 2008

1. The meeting was called to order at 7:08 pm by Chairperson Nern.

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

3. Approval of Minutes

A. Planning Commission Special Meeting Minutes of August 13, 2008

Motion by Waddell, second by Urquhart, to approve the Minutes as written
Waddell, yes; Urquhart, yes; Burdick, yes; Dellartino, yes; Nern, yes
Motion carries

B. Planning Commission Closed Session Minutes of August 13, 2008

Motion by Waddell, second by Urquhart, to approve the Minutes as written
Waddell, yes; Urquhart, yes; Dellartino, yes; Burdick, yes; Nern, yes
Motion carries

C. Planning Commission Regular meeting Minutes of August, 13, 2008
Urquhart suggested adding “…at Tower Marine” to the end the first sentence of her comments on page 9, Commissioner Comments.

Motion by Waddell, second by Urquhart, to approve the Minutes as amended
Waddell, yes, Urquhart, yes; Burdick, yes, Dellartino, yes; Nern, yes
Motion carries

D. Planning Commission Special Meeting Minutes of August 20, 2008

Motion by Waddell, second by Urquhart, to approve the Minutes as written
Waddell, yes; Urquhart, yes; Dellartino, yes; Burdick, yes; Nern, yes

E. Planning commission Workshop Meeting Minutes of August 20, 2008

Motion by Waddell, second by Urquhart, to approve the Minutes as written
Waddell, yes; Urquhart, yes; Burdick, yes; Dellartino, yes; Nern, yes
Motion carries

4. Agenda Changes/Additions/Deletions

Kilpatrick asked that the letter from Saugatuck Township RE: Request to Review is added as Item 8.C
…that the Review from Engineer Steve Bishop be included in the Materials for 8.A as #6
…to add to Written Communications the September 4 letter from Philip Sheridan as 6.D
…to add a portion of the Draft Minutes of the ZBA Meeting of 8-25-08 as Item 8.B.4
Mulder asked to add Closed Door Session to Discuss Pending Litigation as item 10

Motion by Urquhart, second by Waddell, to approve the Agenda as amended in total
Urquhart, yes; Waddell, yes; Dellartino, yes; Burdick, yes; Nern, yes
Motion carries

5. Hear from the Audience

Robin Bauer, 36 Center Street, said that under agenda item 7.A it should read Unit # 7 not Unit # 5.

Dana White, Christo’s Roadhouse, said that in 8.A, they now have 34 parking spaces.

6. Written Communication

A. Letter dated August 11, 2008, from Joseph Bredemann regarding construction of the home located at 3081 Lakeshore Drive.

B. Letter dated August 15, 2008, from Kyle Latshaw and Loretta Yoder regarding the handling of the Saugatuck Public Schools matter.

C. Notice of 2008 Influenza Vaccinations at City Hall.

D. Letter dated September 4, 2008 from Philip Sheridan regarding construction of the home at 3081 Lakeshore Drive.
Kilpatrick said that Mulder has prepared and sent a response, as requested. It is included in the packet in the Zoning Administrator’s Report.

7. New Business

A. Preliminary Site Plan Review of Special Land Use request submitted by Robin Bauer, related to Unit # 7 of the People’s Store located at 36 Center Street. Proposed ground floor residential unit in the C-1A Village Center Commercial District

Agenda Materials for item 7A Include:

1) Memo from Ryan Kilpatrick dated September 4, 2008: Staff Level Site Plan Review.

Robin Bauer, 36 Center Street, owner and developer spoke to the Commission. He indicated that they are not changing the footprint of the building only wish to change the façade. The intent is to make it a for-sale studio apartment or a long-term rental. It is the former garage being converted into a studio. Burdick said that since it does not meet the minimum square footage the request would need to go before the ZBA as a hardship application. Kilpatrick said that the ordinance does not address studio apartments; has the Planning Commission discussed the use of studio apartments?

Waddell noted that historically, there are commercial uses for dwellings that were once residential. This use would have less impact than a commercial use and that is good.
Urquhart said that if you are putting in additional residential, you will need two additional parking spaces. This would need to fulfill the duplex clause but there are already three units, this would make four. Burdick clarified that the second story is part of the front residence. Urquhart said that the city has one street of commercial and the plan was to in-fill with commercial. Right now there is not a big push for that. Waddell said that she would be more concerned if it were located on Center Street. Burdick wondered about the use of the space ten years from now if it is not built to commercial standards now. Kilpatrick responded that any new use would need to come back to the Planning Commission. Urquhart asked if it could be grandfathered. Kilpatrick said that the city does not have any different structural standards in commercial buildings. Burdick noted that the Fire Sprinkler would be different. Bauer responded that they plan to sprinkle the whole building and would comply with code on both levels. Kilpatrick said that Deputy Chief Janek’s original inspection passed. Urquhart asked if the requirement for water is the same for residential and commercial. Kilpatrick said that in order to access the water main for the building they would have to cut through Center Street and the city does not want that to happen since the street was just improved. Nern said that we need to be cognizant of the need to provide different types of housing in the city. Burdick questioned going through the process only to have someone wishing to use it for commercial in the near future. Kilpatrick said that depending upon the use, parking could be a problem. Waddell suggested recommending that this go before the ZBA. Kilpatrick said that it might be better addressed at the next Workshop Meeting. Nern said that made sense, to address the appropriateness of studio apartments. Burdick said that on the blueprint the square-footage adds up to 675 square feet. Bauer indicated that he is pretty confident that it is indeed 500 square feet,
Motion by Waddell, second by Dellartino, to table the Preliminary Site Plan Review of Special Land Use Request submitted by Robin Bauer, related to Unit #7 of the People’s Store located at 36 Center Street, proposed ground floor residential unit in the C-1A Village Center Commercial District indefinitely until a recommendation can be obtained from Larry Nix concerning Studio Apartments.

Roll Call:
Waddell, yes; Dellartino, yes; Urquhart, yes; Burdick, yes; Nern, yes
Motion carries

8. Old Business:

A. Consideration of an application for a proposed single-story restaurant establishment to be located at 2935 Blue Star Highway in the C-2 District (Property Parcel # 03-5-021-018-78). Site is proposed to accommodate between 67 and 100 guests and currently includes 25 parking spaces with access from both Blue Star Highway and Enterprise Drive.

Agenda Materials for Item 8A include-

1) Revised memo from Ryan Kilpatrick, dated August 7, 2008 (revised September 3, 2008): Staff level Site Plan Review.

2) Site Plan submitted by Dana White and Feenstra & Associates, dated August 20, 2007, last revised August 27, 2008

3) “Additional notes and explanations”, amended September 1, 2008

Please also see the following information which accompanied the August 13, 2008 agenda packets

a. Proposed floor plan, dated 9/22/07

b. Proposed elevation sketches, dated 12/10/07

c. Additional notes submitted by Dana White, dated 7/30/08

d. Lighting specifications

Dana White, partner, made the presentation to the Commissioners. He began by saying that they had made a general statement concerning the parking; they now show 34 spaces, it should put no more stress on the infrastructure. There is added landscaping shown, more can be added if required

Urquhart questioned the lighting. White responded that they were told they are 15 feet tall. Urquhart asked about the wattage. White responded that each would be 400 watts but that it could be less. Herrell added that Bray Electric is doing the lighting. Urquhart said that if they are each 400 watts that is too much. Kilpatrick said that wattage can be a part of the requirements in the approval. Waddell said to keep it in mind but it can be adjusted. Mulder suggested giving the Zoning Administrator some leeway in this area, there is also concern about safety issues with lighting. White added that the developers do not want the area to look like a car dealership.

White continues that they did add a sidewalk to the plan even though they know that it isn’t part of the ordinance yet. They would like to keep it for the future. In regard to the Fire Escape Door: there is an exit out of the kitchen and an exit included next to the kitchen. Burdick said that he hadn’t seen a review from the Fire District. Kilpatrick said that they do an initial review and then any final approval will be part of the occupancy permit. White said that if another door is needed it is possible to add it while under construction. Kilpatrick said that any approval should reflect the lighting to be no more than 15 feet in height with the wattage contingent upon Zoning Administrator approval. Urquhart and Waddell attempted a motion for approval that elicited a flurry of further discussion.

Burdick suggested including a deferred installation of the sidewalk. Mulder suggested that the minutes be recorded to reflect a deferred installation so if the property is sold the new owners know of the sidewalk provision. There should also be a provision that if the installation is not made within 60 to 90 days the city has the right to install and specially assess the cost of the installation of the sidewalk. Burdick said that a 60 to 90 day time-frame could be a little tight; it should be longer, say six months. Herrell and Burdick discuss the need for a sidewalk on the property since there are no others currently to connect to. Waddell said that the sidewalk is inching its way out. Urquhart noted that sidewalks have not always been connected but that eventually, they do. Burdick said that those were within a few hundred feet of another sidewalk. He would like a provision that the city can demand the sidewalk when it makes sense; to make it a condition of the approval with legal stipulations. Kilpatrick noted that there is not currently a provision to require a sidewalk as part of the site plan approval. The applicant has been generous in including the sidewalk on the site plan; it would be good of the Commission to also be generous in allowing the petitioner to wait until that time when other sidewalks are constructed and to complete it within a full construction cycle.

Motion by Urquhart, second by Dellartino, to approve the proposed single-story restaurant establishment to be located at 2935 Blue Star Highway in the C-2 District (Property Parcel # 03-5-021-018-78) with the conditions that the exterior light posts be no more than 15 feet in height; the wattage of the lighting to be at the Zoning Administrator’s discretion so as to ensure safe and proper lighting not to intrude on the neighbors; final fire department review and approval; that this motion be recorded including the deferred installation of the future sidewalk to be completed within one full construction cycle of the request by the city for said installation or that the city may levy an assessment to cover the cost of the sidewalk improvement.

Roll Call:
Urquhart, yes; Dellartino, yes; Waddell, yes; Burdick, yes; Nern, yes
Motion carries

B. Consideration of an application for a proposed three-story, mixed-use building to be located at 11 Water Street in the C-1A District (Property Parcel # 03-59-100-009-50). Site is proposed to consist of main floor retail and two dwelling units on the second and third floor with six off-street parking spaces.

Please refer to the following items distributes with the August 13, 2008 Agenda Materials:

1. Memo from Ryan Kilpatrick, dated August 7, 2008: Staff Level Site Plan Review
2. Site Plan revision submitted by Von Der Heide Architects last revised on July 23, 2008
3. Narrative Statement submitted by Von Der Heide Architexts and dated June 27, 2008

Bill Sikkle, attorney, represented the developer, Drew Howitt. He began by saying that the developer had anticipated a negative ruling and had submitted a revised drawing with the rooftop decks on the garages instead of the roof of the building. The parapet wall is only for decoration on the building. The plan addresses concern about water drainage with the leach basin in excess of the city drainage recommendations. There is a sidewalk around the perimeter of the building to allow barrier-free access to the building. The plan adds 15 foot tall pine trees to add screening.
Sikkle mentioned an e-mail regarding the conflict of interest issue with Commissioner Waddell.
Mulder clarified that an issue has been made that since Waddell’s parents own the property next to the building there is a problem. There are two levels that you look at in a conflict of interest issue; legally, Michigan law generally describes a monetary detriment to be made or adversely affected based upon the nature of ownership relationship or involvement as trustee. Sikkle sited a case out of Connecticut where a spouse brought s zoning question where the spouse was on the Planning Commission. Waddell offered to recuse herself.

Motion by Urquhart, second by Dellartino, to allow Commissioner Waddell to recuse herself from participation and voting on this issue before the Planning Commission

Roll Call:
Urquhart, yes; Dellartino, yes; Burkhart, yes; Nern, yes
Motion carries

Waddell removed herself to the audience.

Kilpatrick began the discussion by saying that the site plan submitted by the applicant is in compliance with the ordinance. The applicant is willing to provide fencing or screening of adjacent uses. The rooftop decks should also be screened from adjacent properties.

Urquhart said that the intent of the C-1A District is to have one-story residential above commercial. She states that she still has a problem with the measurement of the height of the building; sinking the building is an attempt to circumvent the height requirements in the ordinance. Urquhart also has a problem with the finishing materials. There is an understanding that the developer is going for a contemporary look but the materials make it look like a giant warehouse. Under our performance criteria it should be clad in a natural material like wood, stucco, or glass.

Dellartino asked Urquhart where she saw that in C-1A the intent is two-story. Urquhart said that in 9 and 11, referencing second story dwelling units and second story apartments with a minimum square footage of 650 square feet. Urquhart said that she didn’t think that the building fit the scale of the downtown district. Kilpatrick said that he didn’t think that the building would be perceived as three stories because of the actual height above ground. Urquhart continued that the only time living space is referenced it says living space on the second story. Dellartino said that we are limited by height not by story. Mulder continued that in section 6-G any principal building shall be at least two stories in height. He agrees that there are some ambiguities but the performance standard anticipates a building with more than two stories. Urquhart gave some historical perspective on the original intent; most buildings in the downtown area had peaked roofs. This section was not rewritten when changes were made. Sikkle said that the height requirement is enforced; there is nothing that says that you are limited to two floors. Urquhart said that she saw the sunken level as a basement, not a ground floor. Sikkle said that very little of the building was sunken; there are windows on both sides and back of the building. It just happens that the lot slopes and we have a portion of the front façade sunk into the ground. Burdick noted that in the Commercial Record there is a photo of Center Street that shows one building that is three stories and others with fake facades to look like they are three-story. He continued to say that he thinks that the building is pushing the envelope on the residential area but that it doesn’t violate the historic character of the downtown. We don’t have a lot of room to define the aesthetics of the design. Nern added that there have been negative rulings on Planning Commissions views on aesthetic findings. Mulder said that in Section H of the Zoning Ordinance there is some degree of discretion on the use of materials on the exterior but his interpretation of height limitations are not confined to the treatment of stories; the language in 6G that talks about at least two stories of height refutes the idea that you cannot have a three-story building.

Burdick asked about the exterior material. Michael Hurley showed examples of the material to be used on the exterior. Burdick questioned the configuration of the material.

Dellartino spoke about how opinions concerning design are not in the ordinance and that the commission would be treading on thin ice if we say that the ordinance says a building should only be two-stories.

Burdick asked if the Fire Department will review after the Commission review. Kilpatrick said they have done their initial review and will do a final. Should we address the screening for the roof-top decks? Sikkle wondered what the commissioners were envisioning. Kilpatrick responded something as simple as a trellis: just something that will give a sense of privacy for both the residents and the neighbors.

Motion by Dellartino, second by 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 Street in the C-1A District (Property Parcel # 03-59-100-009-50) conditioned upon acceptable roof-top decks; fencing along the north wall of the adjacent property at five feet height; and fire department approval of the final plan

Roll call:
Dellartino, yes; Burdick, yes; Urquhart, no; Nern, yes
Motion fails for lack of a majority of commission members

Mulder said that the motion can be brought back next month for reconsideration.

Nern called for a five minute recess at 8:55 PM.
The meeting resumes at 9:04 PM

C. Review of Central Lakeshore Subrea Plan

Dellartino will review and report back to the commissioners on October 8, 2008

9. Zoning Administrator’s Report

A. Letter from Ryan Kilpatrick, dated August 8, 2008, to Douglas DeHann, RE: submission of a final storm water management plan for the home being constructed at 3081 Lakeshore Drive.
Kilpatrick explained that there had been a significant amount of fill brought in to bring the property up to the adjoining property owner’s properties. The neighbors requested a stop-work order but nothing has been violated at this point. Urquhart said that she had been to the site and there is a definite flooding problem; there is a good five foot drop to the back of the property, standing water and a rivulet between properties. Burdick mentioned that this is a high risk area for erosion; it looks like they built a hill to build their house on. It would seem to violate the letter and the spirit of our ordinance. Kilpatrick said that he has walked the site with the city engineer; historically the site was the lowest in the area. The original house needed to be razed because it was so filled with mold.

B. Letter from Ryan Kilpatrick, dated August 25, 2008, to RJ Peterson, regarding the submission of a site plan for Tower Marine.

C. Letter from Tom King, City Attorney, dated August 25, 2008, to George Bauer, attorney for RJ Peterson, regarding a summary of details discussed during the August 7, 2008 meeting with Mr. Peterson.

10. Hear from the Audience

RJ Peterson, 116 Riverside, spoke about waterfront property being something other than private ownership. He will be at UM to identify what needs to be done to have Harbor facilities in the future. Someone needs to find a better way to communicate with the Planning Commission and the City Council. Burdick asked about the authority to purchase the property. Peterson said it is 20% value to the owner and 80% to the community; once it’s gone, it’s gone.
Mulder said the city is looking at whether a Harbor Authority makes sense; there are economic issues that need to be addressed. The committee needs to look at some recommendations.

Bill Sikkle, attorney, commented on the Bredemann issue based on Zoning Ordinance 16.20.4 which addresses grading and filling, county approval. Mulder said that the language was incorrect; the county does not have authority to regulate. The ordinance is that fill cannot be brought in above the adjacent property established grade. Kilpatrick added that he has spent more time on that property than any other to make sure that all ordinances are being followed.

11. Commissioner Comments

Dellartino: none

Burdick: I feel that we had a good debate; hopefully we will continue to challenge one another.

Urquhart: none

Waddell: none

Nern: none

12. Closed Door Session

Motion by Urquhart, second by Waddell, to move into Closed Door Session to discuss pending litigation with the City Attorney at 9:28 PM

Roll call:
Urquhart, yes; Waddell, yes; Burdick, yes; Dellartino, yes; Nern, yes
Motion carries

Commissioners return to Regular Meeting at 10:09 PM

12. Adjournment

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

Respectfully submitted,

Alan McPhail
Recording Secretary