City Council

WATSON TOWNSHIP PLANNING COMMISSION MARCH 8, 2023 FINAL MINUTES Call to Order: 7:00pm Chairman, Bruce Bos opened the meeting Pledge of Allegiance: recited Roll Call: Quorum Conflict of Interest: None Recognition of Visitors: Jason Derry, PCI; Sarah Martens; Keith Steenwyk; Nick Steenwyk; Ken Steenwyk; James Riemersma Public Comment concerning any items not on the agenda: None Approval of Agenda: Motion to accept the agenda with date change Agenda was stated as “February 22, 2023” but changed to “March 8, 2023” due to the February meeting being postponed due to weather. Motion: Shawn Caulder 2nd. John Caras Approved Approval of Minutes: Motion to approved the minutes with corrections on page 2: “ask,” to “asked” Motion: Shawn Caulder 2nd. Owen Ramey Approved Chairman, Bruce Bos, introduced Brad Stalker as a new Planning Commission Board member 1 Old Business: a. Continued discussion pertaining to the SUP application by James Riemersma. Chairman Bruce Bos read an email that was received from Craig Atwood, Allegan County Road Commission. Mr. Atwood addressed an inquiry concerning 122nd. Ave east of 18th street. He clarified that the Road Commission does not bond roads as a standard practice and they will grade the road as they do other roads in the county. Jay Roberts-Eveland asked Jason Derry (PCI) to address land use and previous SUP’s on this parcel. It was her understanding that SUP’s follow the land and not owners. Jason Derry (PCI) addressed the board stating that most SUP's do follow land, but because the previous mine was abandoned, this request is to be seen as NEW, and that the previous SUP had no impact. Jason said that the Planning Commission should look at it as a “clean slate.” Jay Roberts-Eveland asked Jason Derry (PCI) to clarify the rights of the Planning Commision to add maintenance of the roads as being a condition of the requested SUP. John Caras asked for clarity of the mandated bond as a condition of application and approval: His concern was that Watson Township could not enforce road maintenance, due to Allegan County Road Commission having that responsibility. That if there was an issue, it would be between the applicant and the road commission to find a remedy. Nick Steenwyk, stated that they were considering the purchase of equipment to take care of the roads- and that is why he asked the road commission for clarity and was sent the summarizing email that stated the road commission will maintain it as they do other county roads. John Caras asked about the hours of operation and wanted verification that the hours would be stated as; Monday-Friday 7am-6pm; Saturday 7am-1pm with no exceptions for holidays or weekend times. 2 Shawn Caulder referred to the Project Narrative addressing conditions of operation including compliance with season restrictions on road usage. Chairman Bruce Bos began the review of “Findings of Fact.” The Planning Commission reviewed the DRAFT and each element of the standards and requirements of Section 17 as relative to the initial approval of the special use permit and the approval of the expansion. Chairman Bruce Bos states that the application and project narrative layout the usage of this land predominantly for sand and stone removal and that there is no request for a crusher that will make it more neighbor friendly. He asked Riemersma, Steenwyk & Brothers Excavating to verify that his comments aligned with their proposed usage and limitations. Nick Steenwyk validated each question and concern about how the gravel pit would be used. Motion: To approve the request for a Special Use permit to Jamers Riemersma, for the Special Use Permit for removal of Sand and Stone on Tax ID: #23-004-009-00 Motion: Shawn Caulder 2nd. John Caras Discussion: Jason Derry, PCI, addressed the board and stated that until the final language, review of draft findings of fact, and conditions of approval are in final form -the board should not vote to approve or deny. He stated that the Planning Commission could consider a “tentative approval” until all paperwork is secured and voted upon. Motion: Withdrawn Further discussions pertaining to the Findings of Facts and Conditions of Approval continued…. Additions/Changes/ Inquires about the DRAFT, FINDINGS OF FACT: 3 1. Addressing the date change for the Public Hearing: It was held on 25, day of January 2023 and NOT 22 day of February, 2023 2. Berms: Jay Roberts-Eveland asked about the 6ft required height for berms in some locations not being adequate - i.e. entrance next to a home to the east. Nick Steenwyk stated that their intent is to take care of this by changing the elevation of the entrance and excavating to further screen the home. Jason Derry, PCI explained the 6’ berms and evergreen screening is in the application to address site concerns. 3. Jay Roberts-Eveland asked Riemersma, Steenwyk & Sons how they were going to use the stone and sand, and for whom. Nick Steenwyk stated that the need for stone, for drainfields, roads, residents projects, and construction sites are intended usage. It is their intent to use Saturday’s hours (upon request) for local residents to get materials they need. He also stated that Craig Atwood, Allegan Road Commission said to contact him right away if the mine is open for materials. 4. Owen Ramey asked further questions about clientele and who would be served by the stone and sand. He asked if this business is predominantly local and for the particular area. Owen asked if Riemersma, Steenwyk & Sons would be satisfied as a condition of permit, that they would not ever have a crusher onsite, and that Saturday hours would be available for the community residents to get stone or sand. 5. Nick Evans asked for clarifications of how the owners were going to operate without a crusher. Nick Steenwyk stated that there will be no separator- that will take place offsite. Nick Steenwyk explained that they would “backhaul,” because the trucks would be empty coming back. The backhauling will work simultaneously to the phases of the mine being managed. 6. Jay Roberts-Eveland stated that Watson Township's need for reclamation of this property seems to be an obvious “need” for a ‘good neighbor’ managing this property within the scope stated in application, including the 6 month restriction for reclamation of each phase. She also addressed the annual review of SUP to make sure compliance is met. Jason Derry, PCI, affirmed that this is a condition of the ordinance that an annual review take place. 7. Bruce Bos stated that the applicant’s project fit into the township’s need for unclaimed property and usage. He shared that if the Planning Commission’s review of the Findings of Facts met the requirements it would be a bonus for 4  the township to have a business come into the same site and reclaim the property. 8. Owen Ramey wanted specific wording addressing the ‘betterment for the community’ because of the specific need for reclamation of the SUP application. He requested that wording be included as a condition of approval to include, “specific area.” 9. Owen Ramey stated that he sees the operation consistent and aware of local concerns and needs, as demonstrated by opening on Saturdays for the residents and that there will never be a crusher onsite. Owen sees that particular circumstances exist, and that this is a unique situation and recognizes the benefits to the township. 10.Chairman Bruce Bos stated how he sees the benefits: 1. Applicant takes over the pit. 2. Supply of materials serve Watson Township; 3. Not a nuisance pit; 4. Product is stone/sand; 5. Location of pit. 11.John Caras asked about the reclamation process and fulfillment of the obligation to restore. He asked about the materials brought in to fill the hole. He was told that it will be top soil from construction sites and not any hazardous materials. 12.Bruce Bos addressed signage- this is addressed in conditions of approval and will include all legal requirements from the state that are mandated for a mining operation. 13.Nick Evans asked who is responsible for final review upon reclamation being complete. Jason Derry, PCI stated that PCI will do the final inspection. 14.Owen Ramey brought back to the table a discussion about enforcement of the bond concerning road maintenance. It was clarified that if complaints come in, it would be a matter between the Road Commission and the applicant. It was stated that the township had no jurisdiction or enforcement over the road conditions. That is the responsibility of Allegan County Road Commission. 15.Bruce Bos said that if complaints come into the township they would be forwarded to the Road Commission. 16.John Caras stated that the bond cannot compel applicants to maintain roads. He recognized the risk but we cannot mitigate it. 5 17. Jason Derry, PCI, was asked for conditions of “tentative approval.” Jason explained that this sometimes is a decision of a board and applicant if the paperwork is being finalized by grammar errors or changes to the Conditions of Approval draft and that approval was tentatively given unless new evidence arose 18. Ken Steenwyk asked if the board could notify them once the paperwork was cleaned up and if they could move forward. They were told that the board will reconvene on March 22, 2023 and will present its findings and decision. To make any contact among board members to get a vote beforehand would violate the Open Meetings Act. 19. John Caras asked if B-1 condition was met: concerning the approval of the drain commission. Jason Derry, PCI stated that this was not relevant to this application and that it was probably a cut-paste situation from another project. Bruce Bos suggested that the board move to the “Conditions of Approval” draft document- after asking the board for any more questions about the Findings of Fact. The board proceeded: 1. Date for public hearing to be stated accurately: It was held on January 25, 2023 and not on February 22, 2023. 2. General Operations: # 1. to remove the words: “are proposed.” 3. #5. Clarification of when reclamation will be completed after each phase. Owen Ramey asked, with board approval, to use the wording: “...shall be completed within 6 months….” 4. John Caras asked about the performance bond and when the “letter of credit” would be in hand of the township. Jason Derry, PCI, said that it is simply received and added to the paperwork before conditions for approval are met. No further additions/changes/inquiries were brought to the table and no further questions arose. 6  Motion: To tentatively approve the request for a Special Use Permit for the parcels- 03-23-004-009-00 commonly known as 1943 122nd. Ave. to James Riemersma, after final review of the Findings of Facts and Conditions for Approval until March 22, 2023. The Planning Commission will then proceed with a vote on approval, denial, or approval ‘with conditions.” Motion: Shawn Caulder 2nd. Nick Evans Roll Call Vote: Bruce Bos-yes; Shawn Caulder-yes; John Caras-yes; Nick Evans-yes; Owen Ramey-yes; Jay Roberts-Eveland-yes; Brad Stalker-yes. Motion passed. Jay Roberts-Eveland addressed the gentlemen from Riemersma, Steenwyk & Sons, and thanked them for an interest and desire to invest in a relationship with Watson Township as good neighbors. New Business: Motion to Table all New Business, except the election of officers, due to the late hour and time spent on the review of proposed SUP Motion: Jay Roberts-Eveland 2nd Owen Ramey Motion Passed Election of Officers: Chair: Bruce Bos Vice Chair: Brad Stalker Secretary: Jay Roberts-Eveland Motion: To accept the nomination for Planning Commission Officers Motion: Owen Ramey 2nd: John Caras Motion approved Member Comments: 7 Jay Robers-Eveland requested that PCI set up the annual review of SUP’s Jay Roberts-Eveland asked that the board review the meeting dates for 2023 The 2023 meeting dates: 4th Wednesday of all months but December March 22 April 26 May 24 June 28 July 26 August 23 September 27 October 25 November- open December 6 January 24, 2024 February 28, 2024 Motion to Adjourn: Motion: Jay Roberts-Eveland 2nd. Shawn Caulder Meeting Adjourned at 8:48pm Submitted by: Jay Roberts-Eveland 3/9/2023 8