Printed from http://www.genoa.org/meetings/boardminute/1369
on May 4, 2011 at 5:35am.

Planning Commission Meeting on March 5, 2002

Agenda:

Minutes:

The work session of the Planning Commission was called to order by Commissioner Bill Litogot at 6:56 p.m. The following commission members were present constituting a quorum for transaction of business: Curt Brown, James Mortensen, Ken Burchfield and Bill Litogot. Also present was Michael Archinal, Township Manager; Gary McCririe, Township Supervisor; Rick Heikkinen, Township Attorney; Rob Nesbitt from Langworthy, Strader, LeBlanc & Associates, Inc.; and Deb Huntley from Tetra Tech, MPS. By the end of the work session there were 3 representatives from the Zoning Board of Appeals and a few members of the public in the audience.

Items scheduled for action during the regular session of the commission were discussed. Township Manager Mike Archinal discussed why the Zoning Board of Appeals was also present at this meeting and he briefly explained the dynamics surrounding cases that need both Planning Commission and Zoning Board approval. He explained why it is necessary for the Planning Commission to take action before the Zoning Board of Appeals and he also expressed his concern with the Planning Commission making recommendations to the Zoning Board of Appeals regarding variances.

The regular session of the Planning Commission was called to order by Commissioner Bill Litogot at 7:10 p.m.

The Pledge of Allegiance was recited.

Moved by Burchfield, seconded by Mortensen, to approve the Agenda with the following change:

1. Table Public hearing #2 until the March 11, 2002 meeting.

The motion carried unanimously.

Moved by Mortensen, seconded by Brown to appoint Bill Litogot Chairman for tonight's meeting in the absence of the Chairman, Vice-Chairman and Secretary.

The motion carried unanimously.

The call to the public was made to discuss items not on the agenda. There was no response and the call to the public was closed. Chairman Litogot noted that the Board will not begin any new business after 10:00 p.m.

OPEN PUBLIC HEARING # 1…Review of site plan application, site plan, and environmental impact assessment, for proposed 3,200 sq. ft. convenience store and office suite located on the northwest corner of Grand River and Boulevard Park, Section 9, petitioned by Joe Orlandini. (PC 01-24)

• Planning Commission disposition of petition

A. Recommendation regarding impact assessment.

B. Disposition regarding site plan.

Mr. Joe Orlandini, the property owner, was present.

Mr. Orlandini explained that there are no new changes to the site plan. He noted that to alleviate the concerns over the hedgerow as expressed at the February 11, 2002 meeting, he could reduce the depth of the building by 1 foot 4 inches, move the sidewalk back and reduce it by 1 foot thus providing more room for a hedgerow. He also stated that he has talked to the neighbor about removing the trailers from his property and the neighbor has agreed to remove them.

Lighting details, floor plans and pictures of existing conditions were provided to the Commissioners for their review.

Commissioner Burchfield asked about the permissive easement with Sunrise Park. Township Attorney Rick Heikkinen stated that the Park is cooperative and that they are working on securing the easement.

Commissioner Mortensen asked if the petitioner is giving up their liquor license. Mr. Orlandini replied that he had sold the original license, but has since acquired a new one. Mr. Mortensen asked the petitioner to justify the size of the proposed building. Mr. Orlandini stated that there is not enough room in the existing building. The proposed size is necessary to accommodate the coolers and shelving units. There will be the same items in the store, with less clutter. The rental space is necessary to make the business financially viable.

Commissioner Litogot states that they are proposing to replace one business with two. Mr. Orlandini replied that they are also replacing two buildings with one.

Commissioner Mortensen stated that the petitioner is trying to improve his business. He feels that this is better for the Township. He doesn't like the idea of reducing the width of the sidewalk. He is in favor of the project as it was originally presented.

Commissioner Burchfield feels that there is no question that site improvement is desirable. However, he does question the size of the proposed building. It is larger than what is currently there. The existing buildings total 2430 square feet. The proposed building is approximately 500 square feet larger. He has a problem with the adjustments to the zoning ordinance caused by the extra 500 square feet and he is not comfortable handing such a large amount of variances to the Zoning Board of Appeals. Mr. Burchfield stated that the lot size is too small for the district. The issue is that the lot is already too small (1/3 of an acre lot in a 1 acre minimum zoning district) and the petitioner is asking to increase the size of the building. Mr. Burchfield would like to see the building reduced to between 2600 and 2700 square feet. The petitioner would have less difficulty with site plan approval if the building size was reduced.

Commissioner Brown stated that he likes this project. He agrees with Commissioner Burchfield that adding square footage on a lot already too small is difficult. He is having a hard time approving this.

Commissioner Burchfield stated the economics for the developer should be taken off the table at the Planning Commission. Whether or not the developer's bottom line should be considered by the Planning Commission is not an issue.

Commissioner Litogot agreed that anything is better than what is currently there, but he cannot approve the "overbuilding" of lots. He stated that if they approve this project, the Planning Commission would be opening the floodgates to allow for overbuilding throughout the Township. For this reason, he is not in favor of this project. The building is too large for this site. Mr. Litogot also stated that he doesn't like the extra business or the idea of reducing the width of the sidewalk.

The call to the public was made at 7:28 p.m.

Mr. Charles Jones of 959 Sunrise Park Drive feels that this project is very positive. He stated that everything in Sunrise Park has limitations and that those limitations should not stop the approval of a good project. He feels that this would be a great safety improvement.

The call to the public was closed at 7:30 p.m.

Mr. Nesbitt discussed the lighting requirements. He stated that the January 16^th, 2002 report had photometric numbers and that those numbers were considered acceptable.

Mr. Orlandini stated that he has added some surface lighting to the building.

Commissioner Litogot asked if there would be lighting under the eaves of the building to light the sign. Mr. Orlandini replied that the sign will be backlit.

Mr. Orlandini stated that the lighting is indicated on the site plan and that the light details were provided tonight. He also informed the commissioners that the shoebox fixture that is depicted on the site plan should be removed.

Commissioner Litogot asked if they should make a motion. He stated that the petitioner is offering to cut 1 foot 4 inches off the back of the building (depth) to make room in the front for a hedgerow.

The commissioners discuss the importance of the hedgerow. The general opinion was that the hedgerow is not crucial.

Mr. Nesbitt stated that a 1-foot wide hedgerow would not survive.

Commissioner Mortensen stated that it doesn't make sense to him why the petitioner would remove 1 foot 4 inches off his building just to make room for a hedgerow. He feels the petitioner should just leave it like it is, the hedgerow isn't that important.

Commissioner Brown asked what is a typical hedgerow. Mr. Nesbitt replied 3 feet.

Commissioner Mortensen stated that there is no need to gerrymander the building and sidewalk for a hedgerow. This is a nice project and the commission needs to vote either yes or no.

Commissioner Litogot asked the petitioner to clarify his suggestion. Mr. Orlandini replied that he could remove 1 foot 4 inches off the building and reduce the sidewalk by 1 foot thus allowing for a 2 foot 4 inch hedgerow.

Mr. Archinal stated that there is no green space in front of the existing building. He reminds the Commissioners that the new plan provides almost 12 feet of green area along Grand River Avenue.

Mr. Orlandini points out that he is proposing to remove a curb cut along Grand River. Removing the curb cut would be huge benefit and will help to alleviate the current traffic problems in the area.

Moved by Mortensen, seconded by Brown, to recommend to the Township Board approval of the Impact Assessment dated August 1, 2001 for a proposed 3,200 sq. ft. convenience store and office suite located on the northwest corner of Grand River and Boulevard Park, Section 9, petitioned by Joe Orlandini (PC 01-24). The motion carried unanimously.

Moved by Burchfield, seconded by Mortensen, to approve the site plan dated January 23, 2002 for a proposed 3,200 sq. ft. convenience store and office suite located on the northwest corner of Grand River and Boulevard Park, Section 9, petitioned by Joe Orlandini (PC 01-24) with the following conditions:

1. Township Board approval of the Impact Assessment dated August 1, 2001.
2. All building materials shall be as provided to the Planning Commission on February 1, 2002.
3. Petitioner shall have a shared service drive and waste receptacle. The shared service drive shall be reduced to a written agreement and recorded prior to Land Use Permit application.
4. The waste receptacle gate shall be constructed of pressure treated wood.
5. The petitioner provide documentation to Township staff and Attorney indicating rights of access to Boulevard Park Drive.
6. Signage on site plan be affixed to building as shown with letters in relief being outward from building façade.
7. Sign shall be backlit.
8. Petitioner provide decorative lighting on the southwest and southeast corner of the property as depicted on the landscape and lighting plan date January 22, 2002.
9. All lighting fixtures and pole mounting shall be as provided to the Planning Commission this evening.
10. Exterior wall mounted fixtures shall be shoebox style and downward directed.
11. The floor plan for the interior shall be as provided to the Planning Commission this evening.
12. Any variations to the rear exit load / unload door shall be subject to Township staff evaluation and approval.
13. Petitioner shall comply with all Township Engineer requirements.
14. Wattage of outdoor lighting shall be added to the site plan.
15. Shoebox style light fixture detail shall be removed from the site plan.

Commissioner Burchfield stated that he is not satisfied with the size of the building and that he cannot support this petition.

Commissioner Brown stated that this is a great improvement, but the building size is just too big. He encourages a reduction in building size.

The motion failed, Mortensen assented, Burchfield, Brown and Litogot opposed.

The meeting was recessed at 7:50 p.m. for Zoning Board of Appeals consideration of the petition.

The meeting was reconvened at 7:56 p.m.

OPEN PUBLIC HEARING # 3… Review of a site plan application, site plan, and environmental impact assessment, for proposed 15-unit site condominium development located on the east side of Latson Road between Grand River and Golf Club Road and consists of 24.91 acres, Section 4, petitioned by PMJ Development. (PC 01-36)

• Planning Commission disposition of petition

A. Recommendation regarding impact assessment.

B. Recommendation regarding preliminary site condominium.

Mike Boss of Boss Engineering was present to represent the petitioner. Mr. Boss stated that they are changing from a plat to site condominium. The change is required because they could not acquire a deed for the parcel across the Edison Corridor and the Livingston County Road Commission wouldn't take the road without the deed.

Commissioner Litogot asked why Edison did not cooperate. Mr. Boss explained that they did not want a cul-de-sac on their property.

Commissioner Litogot asked if this is preliminary site plan approval. Mr. Archinal answered yes. Mr. Litogot asked if they are to reconsider the Impact Assessment as well. Mr. Archinal answered yes.

The call to the public was made at 7:59 p.m. with no response.

Moved by Mortensen, seconded by Brown to recommend to the Township Board approval of the revised Impact Assessment dated December 14, 2001 for a proposed 15-unit site condominium development located on the east side of Latson Road between Grand River and Golf Club Road and consists of 24.91 acres, Section 4, petitioned by PMJ Development. (PC 01-36).

The motion carried unanimously.

Commissioner Litogot asked about the DEQ permit. Mr. Boss stated that they will be encroaching into the wetland buffer area, but not the wetland itself. He stated that they are still waiting for DEQ approval.

Commissioner Burchfield asked if the easement for storm detention is out letting into Lake George. Mr. Boss responded that they will have detention in a wetland with an outlet to Lake George.

Mr. Boss stated that they are changing to a private road which allows them to remove the outlot.

Commissioner Burchfield asked Mr. Boss if he had seen the letter from the fire department. Mr. Boss replied that he had not, but that any concerns would be addressed in the construction plans.

Moved by Burchfield, seconded by Mortensen to recommend to the Township Board approval of the preliminary site condominium plan revised on February 12, 2002 for a proposed 15-unit site condominium development located on the east side of Latson Road between Grand River and Golf Club Road and consists of 24.91 acres, Section 4, petitioned by PMJ Development. (PC 01-36) with the following conditions:

1. Township Board approval of the Impact Assessment dated December 14, 2001.
2. The Planning Commission recommends the approval of the Cagney Lane encroachment into the 25-foot wetland buffer as indicated on the preliminary site plan dated February 2, 2002.

The motion carried unanimously.

OPEN PUBLIC HEARING # 4…Review of site plan, and environmental impact assessment, for proposed Fire Station facility, located at the east side of Dorr Road, north of Crooked Lake Road, Section 14, petitioned by Genoa Township.

(PC 02-02)

• Planning Commission disposition of petition

A. Recommendation regarding impact assessment.

B. Disposition regarding site plan.

Thom Dumond of Boss Engineering was present to represent the petitioner. He explained that the site plan takes advantage of the natural buffers on the property. They will only have to remove one tree for access. The Livingston County Road Commission and both Fire Departments have approved the plans. Lindhout and Associates are doing the architecture and the proposed building materials will match the Township Hall.

Commissioner Brown asked if there is any signage that would be activated during an emergency on Dorr Road. Mr. Dumond replied no. Mr. Brown stated that it is a beautiful building and they have done a nice job.

Commissioner Mortensen stated that he has no issue with the site plan.

Commissioner Burchfield stated that he is flabbergasted with the proposed location, but knowing that the local fire Chiefs have approved the plans, removes any concern.

Commissioner Litogot asked if there is a color rendering of the building and if there were building material samples. Mr. Dumond responded that there is no color rendering and he instructed the Commissioners to look at the Township Hall for an example of the building materials.

The call to the public was made at 8:13 p.m. with no response.

Moved by Mortensen, seconded by Brown to recommend to the Township Board approval of the Impact Assessment dated February 8, 2002 for a proposed Fire Station facility, located at the east side of Dorr Road, north of Crooked Lake Road, Section 14, petitioned by Genoa Township (PC 02-02) with the following conditions:

1. Dust control measures shall be included and shown on the site plan.

The motion carried unanimously.

Moved by Burchfield, seconded by Mortensen to recommend to the Township Board approval of the site plan dated February 7, 2002 for a proposed Fire Station facility, located at the east side of Dorr Road, north of Crooked Lake Road, Section 14, petitioned by Genoa Township (PC 02-02) with the following conditions:

1. Township Board of approval of the Impact Assessment dated February 8, 2002.
2. Building materials and colors shall match the existing materials on the Genoa Township Hall.
3. Petitioner shall comply with all Township Engineer requirements.

The motion carried unanimously.

Moved by Burchfield, seconded by Brown to table the approval of the February 11, 2002 meeting minutes until the next meeting so that Commissioner Figurski will have a chance to review them.

The motion carried unanimously.

Member Discussion:

There was a short discussion between Commission Litogot and Mr. Archinal regarding the fake palm trees at Wilson Marine. Mr. Litogot asked if the trees were permitted. Mr. Archinal replied that there is no reference to fake trees in the ordinance. He will have the Township Attorney look into it.

The meeting adjourned at 8:15 p.m.

Submitted by: Kelly Kolakowski

Approved by: Barbara Figurski, Secretary