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on May 4, 2011 at 5:27am.

Planning Commission Meeting on January 24, 2000

Planning Commission Meeting

Agenda:

OPEN PUBLIC HEARING # 1…Review of a special use application, a site plan application, site plan, and a environmental impact assessment for a site to be used as a sales office for new and used manufacturer and modular homes at 6241 West Grand River, Section 10, petitioned by Crest Mobile Homes. (Tabled from 09/21/99, 09/27/99, 10/11/99, 10/25/99 & 11/22/99 meetings)

• Planning Commission disposition of Crest petition

A. Recommendation regarding special use application.

B. Recommendation regarding impact assessment.

C. Recommendation regarding site plan.

OPEN PUBLIC HEARING # 2…Review of a rezoning application to rezone property from RR (rural residential) to LDR (low density residential), located in Section 05 and 06, 3100 Char Ann Drive, Howell, petitioned by Norm Dymond and Mike Boss.

A. Recommendation regarding impact assessment.

B. Recommendation regarding rezoning request.

OPEN PUBLIC HEARING # 3…Review of site plan application, environmental impact assessment, and site plan for a proposed addition to McDonalds, located 3781 East Grand River, petitioned by McDonalds Corporation.

A. Recommendation regarding impact assessment.

B. Disposition of site plan.

OPEN PUBLIC HEARING #4…Review of a rezoning application, environmental impact assessment, PUD agreement, and site plan to rezone OSD-PUD (office service district/planned unit development) to R-PUD (residential/planned unit development) on the south side of Grand River, west of Gray Road, Section 34, petitioned by Brookside Development.

A. Recommendation regarding impact assessment.

B. Recommendation regarding rezoning request.

C. Recommendation regarding PUD agreement.

D. Recommendation regarding site plan.

Administrative Business:

• Planners report presented by The Strader Group
• Approval of January 10, 2000 meeting minutes
• Member Discussion

Adjournment

Minutes:

The regular session of the Planning Commission was called to order by Chairman Don Pobuda at 7:30 p.m. The following commission members were present constituting a quorum for transaction of business: Don Pobuda, Jim Mortensen, Jerrold Joseph, and Gary McCririe. Also present was Michael Archinal, Township Manager; Jeff Purdy and Caryn Champine from the Strader Group; and Melissa Talley from McNamee, Porter, & Sealey. At the start of the public hearing, there were a few persons in the audience.

The Pledge of Allegiance was recited.

Commissioner McCririe moved, supported by Mortensen to approve the Agenda with no changes. The motion was unanimously carried.

A call to the public was made to discuss items not on the agenda.

Mr. Steve Dawdy, District Manager for Mr. Rubbish wanted to provide information to avoid some of the problems that may be expensive to solve down the road. He handed out a drawing of typical public trash containers. There has been a problem with servicing the containers that are being installed in corral enclosures for new strip malls and restaurants. He suggested the following specifications for installing trash containers in corrals: 1) a 6 " concrete pad for the container should be installed and extend out 10 feet in front of the corral. the concrete will hold up better with the trucks than asphalt; 2) he asked for 62 feet of straight, clear approach up to the container for the truck to properly maneuver into the corral; 3) he asked for an inside clear dimension of 12 feet. He suggested that several businesses in one strip mall share a central container. He also suggested that they check to see if a grease container is necessary.

Chairman Pobuda asked if there should be an area of drainage for health and cleanliness concern.

Jeff Purdy stated that they are starting to require grease/water separators.

With no other comments the call to the public was closed at 7:40 p.m. Chairman Pobuda noted that the Board will not begin any new business after 10:30 p.m.

OPEN PUBLIC HEARING # 1…Review of a special use application, a site plan application, site plan, and a environmental impact assessment for a site to be used as a sales office for new and used manufacturer and modular homes at 6241 West Grand River, Section 10, petitioned by Crest Housing. (Tabled from 09/21/99, 09/27/99, 10/11/99, 10/25/99 & 11/22/99 meetings)

A. Recommendation regarding special use application.

B. Recommendation regarding impact assessment.

C. Recommendation regarding site plan.

Mr. Pat Burroughs, a representative for Crest Housing reviewed several drawing to show the detail of the information they have developed for their presentation. He gave a summary of the changes and additions that they are planning to make on this site. He expressed that they would like to reach an agreement on this site plan that is acceptable to this Planning Commission so they can recommend their acceptance to the Township Board.

Commissioner McCririe noted the private drive to the east of the site for bringing movable units into and out of the site. Does the petitioner have an access agreement for that? Mr. Burroughs stated that they will not be crossing off of the site. That roadway is on the site.

Commissioner McCririe asked about residents getting through that private drive when they will be moving units. Mr. Burroughs stated that they will only be on that road for about 2 or 3 minutes at a time.

Commissioner McCririe asked what improvements are being done to that private drive? Mr. Burroughs answered that they will be putting down gravel with a sand base.

Chairman Pobuda asked if the issues in the Strader Group's letter of the 20^th have been addressed?

Mr. Purdy reviewed the Special Land Use and requirements that the Board needs to consider.

He reviewed the requirements for the site plan review. There was a discussion regarding the setback ordinance of 70 feet from the Grand River right of way. The current building is in excess of 70 feet so that is in compliance, but units #1 and #2 are not in accordance with the 70-foot setback ordinance. Mr. Burroughs stated that that ordinance is only called for if there is parking in the front. There is parking in front of the existing building, but they do not want any parking in the front of the display units. After a discussion, it was decided that since the three parcels are being put together to be used as one, units #1 and #2 need to be in compliance with the ordinance.

Mr. Purdy stated that the Board needs to approve the proposed building materials and colors. Mr. Burroughs stated that the siding, trim and shingles of the new building will match the existing building.

Mr. Purdy stated that, because the new building has garage doors that face the front, it needs to be concealed with trees.

Mr. Purdy stated that there is a low drainage area that they want to alter for storm water retention. The Strader group would like to make sure that is not a DEQ-regulated wetland. Chairman Pobuda asked if it has been flagged by the DEQ. Mr. Burroughs stated that he does not believe it has. He gave a description of the current wetlands to the north of the site and their plan for the storm water retention basin. He noted that what they are creating will serve the same purpose as a wetland, but in fact, it will be much larger than the current wetland. Mr. Purdy reiterated that he would like to see a response from the DEQ. Mr. Burroughs stated that they will take the steps to do that. Melissa Talley added that they would like to see the correspondence from the DEQ as well.

Commissioner Joseph had a concern about the lawn that was being put in. Mr. Burroughs explained that the area around the display units will be lawn with asphalt walkways. The driveway will be gravel.

Chairman Pobuda noted that the petitioner needs to have approval from the local fire chief that this site meets his approval. Mr. Burroughs stated that the space between the units meets the requirements for manufactured homes. There is 20 feet minimum spacing between units.

Mr. Purdy stated, due to the fact that this is a Special Land Use, there needs to be 17 additional Evergreen trees planted along the north side of the property as well as 7 canopy trees added on the Grand River frontage. Mr. Burroughs stated that they will meet that ordinance.

Mr. Purdy stated that all currently outside stored items will be housed in the new building. Mr. Burroughs stated that was the purpose of the building.

There was a discussion regarding the petitioner putting a 5-foot wide sidewalk on the Grand River frontage. Chairman Pobuda stated that the Board will require the 5-foot sidewalk. Ms. Talley asked that they bond for the sidewalk and wait until the water project along Grand River is completed.

Mr. Purdy stated that the lighting on the building be residential and use 100 wt bulbs. Mr. Burroughs stated that they will be eliminating the light post and that all lighting will be carriage style, residential, and have 100 wt bulbs.

Mr. Purdy stated that any signage needs to be indicated on the site plan. Mr. Burroughs stated that they are not planning on any signage at this time, but should they elect to put up a sign, they will meet with Township ordinance.

There was a discussion about the schedule of the units being transferred on and off of the property. Mr. Burroughs stated that the display units will stay there for 1 to 3 years, but he cannot tell what the volume of movable units will be because this is a business based on sales. It was decided that the petitioner needs to give specifics as to what the deliveries will be taking place and the maximum number of units that will be moved per week.

Commissioner McCririe asked how the petitioner planned on moving the display units. Mr. Burroughs stated that they can be hooked up to a tractor and pulled out of the same private drive that is used for the movable units. He noted that if any damage was done to the land during this, it would be repaired.

Ms. Talley reviewed her concerns stated in her January 20, 2000 letter. There was a disagreement and discussion regarding the Grand River 50-foot right of way. Commissioner McCririe stated that the petitioner will be with the Township Engineer's office to clear up this matter. She stated that they will need approval from the Drain Commissioner on the retention basin. Mr. Burroughs stated that he will obtain that information.

Ms. Talley stated that the Planning Commission Board would have to determine if they wanted to waive the connection fee for residential use because there is no hook-up to this site. Mr. Archinal stated that this decision will be deferred to the Township Staff.

There was a discussion about all of the pavement on the site being curbed and guttered. Ms. Talley stated it was the decision of the Planning Commission. She specified the drive north of the existing building and the drive in front of the new building as well as the back area. Commissioner McCririe is not opposed to the rear private drives being gravel. He is concerned about the area against the new units. There was a discussion regarding all of the paved walkways being curbed guttered. Mr. Burroughs stated that he feels it would be excessive to have the westerly drive and area surrounding the existing building curbed and guttered. It was decided that the paved private drives will be curbed and guttered.

Commissioner Joseph stated his concern for the number of units on the site. Mr. Purdy stated that the setback ordinance should be met and it is the decision of the Planning Commission to determine what number of units they are comfortable with. Commissioner McCririe stated that units #1 and #2 do not meet the setback requirements and unit #9 is too far away. He feels that if these three units are eliminated the site could handle 6 sites. Mr. Burroughs stated that they could remove units #1 and #2 and then the site could handle 7 sites. He stated that unit #9 can be relocated.

Commissioner Mortensen stated that he is not ready to approve anything tonight without all of the issues being met. He feels this site does not enhance the Grand River corridor. Commissioner McCririe stated that he feels there is a reasonable compromise that can be met. He feels we need to resolve this matter this evening.

The call to the public was made at 9:11 with no response.

Moved by McCririe, supported by Joseph to recommend to the Township Board approval of the Special Use Application for the Crest petition, as submitted to the Planning Commission on January 24, 2000 with the following conditions:

1. The storage of the movable units shall be limited to no more than one week for each one of the units and that there shall be no more than five movable units on the site.
2. The storage building and/or display units depicted on parcel A-1 should be set back a minim of 70 feet from the Grand River right of way.
3. The petitioner shall add 17 additional Evergreen trees on a 4-foot berm on the north side of the parcel in the area immediately behind the transit units and 7 canopy trees shall be planted along the Grand River frontage.
4. Petitioner shall install or provide a bond for the installation of a 5-foot concrete sidewalk along the entire Grand River frontage, including the existing office building.
5. There shall be no more than six display units allowed on the site in the same configuration depicted in the plan dated January 18, 2000; units #3 through #8.
6. All changes in this motion this evening should be depicted on a plan prior to submittal to the Township Board
7. The display units shall be level with the appearance of being permanent and skirted with the materials presented this evening.
8. The movable units shall be level.

Motion was unanimously carried

Moved by McCririe, supported by Joseph to recommend to the Township Board approval of the Impact Statement for the Crest petition, as submitted to the Planning Commission on January 24, 2000 with the following conditions:

1. The petitioner will add a delivery schedule to the impact assessment and describe specific ways how the units will be brought to and from the site and what hours this will occur.
2. The petitioner shall specifically attach to the impact assessment any correspondence between themselves and the DEQ, specifically 13.05 sub C and 13.07 sub d of the Township Zoning Ordinance prior to submission to the Township Board.
3. The petition shall be changed to one phase from three phases.

Motion was unanimously carried

Moved by McCririe, supported by Joseph to recommend to the Township Board approval of the Site Plan for the Crest petition, as submitted to the Planning Commission on January 24, 2000 with the following conditions:

1. There shall be no deviation of the Special Use Permit as recommended by motion this evening.
2. There shall be no deviation of the Impact Assessment as recommended by motion this evening.
3. Township Engineers will review and approve all of the plans and specifications.
4. The building materials as presented are acceptable for the equipment building and the colors shall match the existing office building.
5. Petitioner shall obtain, prior to submission, the proper DEQ permits for the reworking of the wetland area contained in Parcel A2.
6. Petitioner shall obtain, prior to submission, the fire marshals' review and approval.
7. Any new lighting to be added shall be of a residential nature, which shall be building-mounted fixtures of not more than 100 watts each and not more than two fixtures on the front and two fixtures on the back of the building.
8. Petitioner shall verify the specific right of way width adjoining their parcels.
9. Petitioner shall obtain, prior to submission, the approval of the Drain Commissioner only those items under his jurisdiction.
10. The petitioner shall provide, at the time of submission, an access agreement for the use of the eastern portion of the property.
11. REU's shall be determined by the Township Board and Township Staff.
12. Petitioner shall provide paving of the proposed driveway areas adjacent to the existing building along with curb and gutter drawings within Township specifications for areas of the loop road around the building to the equipment building.
13. Any proposed or existing water softeners shall not be connected to the Township sanitary sewer system and shall utilize a potassium-based product.
14. No public address system shall be installed on the site and there should be no outside storage on the site except for the movable units as recommended by tonight's motion.
15. The east road shall be paved to the setback line of 70 feet from Grand River.

OPEN PUBLIC HEARING # 2…Review of a rezoning application to rezone property from RR (rural residential) to LDR (low density residential), located in Section 05 and 06, 3100 Char Ann Drive, Howell, petitioned by Norm Dymond and Mike Boss.

A. Recommendation regarding impact assessment.

B. Recommendation regarding rezoning request.

Mr. Mike Boss of Boss Engineering stated that they would like to rezone this property from two-acre lot parcels to one-acre lot parcels.

Commissioner McCririe asked how long the Dymond's have owned this property.

Mr. Norm Dymond, 3100 Char Ann Drive, stated that they have owned it for 13 years.

Ms. Karen Champine reviewed their concerns in their letter of December 14, 1999. The rezoning of this property would be inconsistent with the recently updated master plan.

Ms. Talley reviewed their concerns in their letter of December 15, 1999. The rezoning of this property would generate more traffic but they feel that Char Ann Drive could handle this. The site is in the service area for sewer and water. There is capacity to accommodate these parcels.

The call to the public was made at 9:46 p.m.

Mr. Dymond asked that when the master plan was reformed in 1998, was there anything sent out to the property owners regarding this? Mr. Archinal explained that a notice was placed in the newspaper. This type of rezoning did not require a 300-foot mailing. It was noted that then, several residents of Char Ann Drive strongly expressed that the master plan designate this property for two-acre parcels.

The call to the public was closed at 9:50.

Commissioner McCririe stated that he does not feel the parcel is appropriate for rezoning at this time based on Article 22.04 of the zoning ordinance. He does not feel that the petitioner has demonstrated that they cannot receive a reasonable return on their investment with the two-acre parcels currently consistent with the master plan.

Commissioner Mortensen stated that he feels changing the master plan should be visited first before deciding on rezoning this property. There was a discussion regarding rezoning this property without changing the master plan.

Mr. Boss explained that they could get a return on their investment with two-acre parcels, and he noted reasons as to why rezoning would make the best use of this property. He added that there are not residents of Char Ann Drive here showing opposition to the rezoning.

Commissioner Mortensen reiterated his point that he does not feel a decision on rezoning this property should be made without first revisiting the option of changing the master plan.

Motioned by Mortensen, seconded by McCririe that Public Hearing #2 (Rezoning of property on Char Ann Drive) be tabled at the petitioner's request. The motion was unanimously carried.

OPEN PUBLIC HEARING # 3…Review of site plan application, environmental impact assessment, and site plan for a proposed addition to McDonalds, located 3781 East Grand River, petitioned by McDonalds Corporation.

A. Recommendation regarding impact assessment.

B. Disposition of site plan.

Mr. Frank Martin of Deuch and Martin Architects explained that McDonalds is seeking to put a 360-square foot edition onto the existing building. He explained that the materials of the addition will match the current materials and colors; they are not planning on adding any additional light fixtures, and that the lights in the parking lot will be adjusted to be downward directed and shielded.

There was a discussion regarding the parking deficiency that is currently there and how they were going to accommodate that for the additional seating area. Karen Richards, Operations Manager for McDonalds noted that 65% of this McDonald's business is drive thru. Commissioner Mortensen asked that if you took out the area of the play place and added the addition, where would the parking be. Mr. Purdy stated that there would be a requirement of 61 spaces. It was decided that the Zoning Board of Appeals would have to approve the parking without a recommendation of the Planning Commission. The petitioner will have to ask for a variance on the parking.

Chairman Pobuda expressed his concern for the stacking of the cars around the building for the drive thru. Ms. Richards stated that this drive thru has some of the best drive thru times in the State of Michigan. She noted that the staff has not experienced any stacking problems at this restaurant.

Ms. Talley stated that they would like to have the plans show that the floor is going to be level from the existing building into the addition.

Chairman Pobuda stated that he would like to see approval from the fire department.

A call to the public was made with no response.

Chairman Pobuda announced that, due to the time, we would not be able to address Public Hearing #4. This would be tabled until the February 14, 2000 meeting.

Moved by McCririe, supported by Mortensen to approve the site plan for the 360-square foot dining area addition as shown on the January 5, 2000 drawing with the following conditions:

1. The building colors and materials of the addition shall match the existing building
2. The light fixtures currently on the site shall be adjusted or replaced as to be downward direct at a 90-degree angle to the ground to comply with the Township ordinance.
3. Conditioned upon the Township Zoning Board granting a variance for parking so the petitioner can use the current number of spaces on the site. The Planning Commission makes no recommendation for or against regarding the parking.
4. Any landscaping that is removed shall be replaced.
5. Any water softener utilized at the site shall not be connected to the Township sanitary sewer system and shall utilize only potassium-based products.
6. The 8-foot wide asphalt bike path be installed as depicted on the plans, if it has not already been done. Motion was unanimously carried

Administrative Business

Mr. Archinal reviewed an article that was in the paper regarding Elder-Beerman moving into the Wal-Mart building. Based on what changes they are proposing, Mr. Archinal does not feel that they will need to come before this Board. Mr. Purdy agreed that if it is existing space that is going to be reoccupied with no major changes, they would not have to come before the Planning Commission.

Moved by Mortensen, supported by Joseph to approve the minutes of the January 10, 2000 meeting with the following changes:

1. Commissioner McCririe asked that the date be placed on the top of all of the pages.
2. On the second page, the paragraph saying, "Mr. Purdy stated that they recommend looking at the larger area for the master plan, but rezoning the small piece would not cause a spot-rezoning situation" be changed to " so rezoning of the small piece……"

The meeting was adjourned at 10:55 p.m.

Prepared by: Patty Thomas, Recording Secretary

Signed by: Barbara Figurski, Secretary