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November
10, 2003
7:00 p.m.
AGENDA
OPEN PUBLIC HEARING #
1…Review of site plan and special use application, site plan, and
environmental impact assessment for a proposed ground water storage
tank necessary to support the City of Brighton municipal water system,
located in the southeast corner of Section 36, on the south side of
Brighton Lake/Hamburg Road, petitioned by River Place/Abbey Homes. (PC
03-25)
Planning Commission disposition of petition
A. Recommendation regarding special use application.
B. Recommendation regarding amendment to PUD agreement.
C. Recommendation regarding impact assessment.
D. Recommendation regarding site plan.
MINUTES
The
work session of the Planning Commission was called to order by
Chairman Don Pobuda at 6:30 p.m. The following commission members were
present constituting a quorum for transaction of business: Don Pobuda,
Barbara Figurski, James Mortensen, Curt Brown, John Cahill, and Bill
Litogot. Also present was Kelly Kolakowski, Township Planner; Ron
Nesbitt from Langworthy, Strader, LeBlanc & Associates, Inc. and
Debra McAvoy from Tetra Tech, MPS. By the end of the work session,
there were a few persons in the audience.
Items scheduled for action during the regular session of the
commission were discussed.
The regular session of the Planning Commission was called to order by
Chairman Don Pobuda at 7:00 p.m.
The Pledge of Allegiance was recited and a moment of silence was
observed.
Moved by Figurski, seconded by Litogot, to approve the Agenda as
written.
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 at 7:02
p.m. Chairman Pobuda noted that the Board will not begin any new
business after 10:00 p.m.
OPEN PUBLIC HEARING #1… Review of site plan and special use
application, site plan, and environmental impact assessment for a
proposed ground water storage tank necessary to support the City of
Brighton municipal water system, located in the southeast corner of
Section 36 on the south side of Brighton Lake / Hamburg Road,
petitioned by River Place / Abbey Homes (PC 03-25)
· Planning Commission Disposition of Petition
A. Recommendation regarding Special Use Application
B. Recommendation regarding Amendment to PUD Agreement
C. Recommendation regarding Impact Assessment
D. Recommendation regarding Site Plan
Ms. Bren Buckley of Burton-Katzman, Mr. Mike Polmear of Giffels-Webster
Engineers, and Mr. Joe Novisky and Ms. Michelle Sergeant of JSN
Architects were present to represent the petitioner.
Mr. Polmear advised the site is located in the southeast corner of the
Township and is bordered by the City of Brighton to the east and
Hamburg Township to the south. It is a triangular-shaped lot on the
corner of Brighton Lake Road and Hamburg Road and is 1.6 acres.
He showed a copy of the previous plan and noted that there were many
concerns from surrounding residents. The new plan is a ground-level
water storage tank and housed in a building that will have a
residential appearance. It will look like a home. He showed a colored
rendering.
The land is proposed to be owned and maintained by the City of
Brighton as this will be part of their water utility system. River
Place / Abbey Homes will be transferring the property to Genoa
Township and they will, in turn, be transferring it to the City of
Brighton.
Mr. Novisky advised the storage tank is 16 feet high, 30 feet wide,
and 70 feet long and part of the tank is being built into the side of
the hill on the property. Since this site is in a single-family
residential area, they are proposing the building be constructed to
look like a typical home in the neighborhood. These pumps are
relatively quiet and they will not be clearing many trees on the site.
Most of it will remain in its natural state.
Ms. Sergeant showed sample building materials. They will be using
maintenance-free brick and siding that can be painted any color that
is desired. They are proposing asphalt shingles. They feel it will
look like any other home in the neighborhood.
Commissioner Mortensen asked what kinds of windows are proposed. They
will be real windows with a reflective material on them. Commissioner
Mortensen suggested window blinds or drapes. Mr. Novisky feels it
would look more natural with the reflective material and Commissioner
Mortensen disagreed. He feels the type of glass that is being proposed
will look artificial and the blinds will look more like windows in a
house.
Commissioner Brown asked for a rear elevation drawing. Mr. Novisky
advised it will look like a home from the back; however, the area is
very wooded and it is quite a bit lower than the residential area
behind it and will not be seen.
Commissioner Cahill asked if there will be any type of spigot to be
used to wash off the home or driveway since it will be an unmanned
building. Mr. Novisky advised they will provide that.
The call to the public was made at 7:19 p.m.
Naomi Sullivan of 6141 Kevin Court lives in the subdivision behind
this site. The subdivision is very quiet and she is concerned about
the noise. She asked if the building will be insulated to help with
the noise. She questioned what happened with the previous site that
was proposed in Hamburg Township. That site was supposed to have been
ideal because of how high its elevation is.
The call to the public was closed at 7:21 p.m. and the petitioner
addressed Ms. Sullivan’s concerns. Mr. Novisky advised he does not
have decibel levels for these wells; however, he has worked with them
before and knows that normal audible levels are possible directly next
to them. There is no intention of insulating the home at this time. He
added that he could provide decibel levels if that is required.
Mr. Don Lund of TTMPS Engineers advised that the original site in
Hamburg Township was not able to be used because Hamburg Township’s
position was that they would have to be the owner of the tower, which
was unacceptable to the City of Brighton. He noted that the elevation
of the site is not an issue now because they are proposing an
underground tank and not a tower.
Mr. Nesbitt advised the proposal meets all of the criteria for a
Special Land Use and they have no further issues. He noted that with a
Special Land Use, the Township has the ability to apply conditions to
the approval.
Ms. Huntley reviewed her letter of October 14, 2003.
1. A 25-foot wide permanent utility easement for the water main must
be recorded by the City of Brighton while this site it is still under
the jurisdiction of Genoa Township.
2. Approval from the Livingston County Road Commission may be required
for connecting the driveway to Brighton Lake Road.
3. The driveway must be constructed to Genoa Township standards.
Chairman Pobuda asked the petitioner what landscaping is planned. Mr.
Polmear showed the area of the site that will be cleared and what will
be kept natural. Mr. Nesbitt suggested very low maintenance foundation
shrubs and trees be planted in the front of the building. He would
also like some soft screening of the turnaround because it is so close
to the road. Commissioner Mortensen feels it should be normal
residential landscaping, with irrigation, and the details could be
decided administratively.
Commissioner Cahill is concerned about how the landscape requirements
are not being specified this evening. Mr. Nesbitt feels his
suggestions of foundation plantings and screening of the turnaround is
sufficient. Commissioner Cahill would like it stated more clearly in
the motion.
Chairman Pobuda asked about lighting. Mr. Novisky stated they are
planning on installing one small residential light on the porch. Mr.
Lund advised that the City of Brighton will ensure a security system
is in place as they have at all of their other water treatment plants
and facilities.
Moved by Mortensen, seconded by Litogot, to recommend to the Township
Board approval of the Special Use Application for a residential
appearing building for a water storage facility citing the following
reasons:
1. This will provide essential public services to users of the City of
Brighton water system.
2. It meets the conditions of Section 12.08 of the Township Ordinance.
Further, this recommendation is conditioned upon the following:
1. Resolution through documentation acceptable to the Township
Attorney of how the land will be ultimately transferred to the City of
Brighton.
2. Approval of the Amended PUD Agreement, Impact Assessment, and Site
Plan by the Township Board
3. The noise of the project will be within the Township Ordinance.
4. Prior to submission to the Township Board, details of the security
system and maintenance responsibilities by the City of Brighton shall
be included.
The motion carried unanimously.
Moved by Mortensen, seconded by Figurski, to recommend to the Township
Board approval of the Second Amendment to the PUD Agreement for a
proposed ground water storage tank necessary to support the City of
Brighton municipal water system, located in the southeast corner of
Section 36 on the south side of Brighton Lake / Hamburg Road,
petitioned by River Place / Abbey Homes with the following conditions:
1. An agreement will be executed with the City of Brighton regarding
whether and how the land will be transferred to the City.
2. Maintenance and security for the land and the building shall be the
responsibility of the City of Brighton.
3. The Agreement shall be reviewed and approved by the Township
Attorney.
The motion carried unanimously.
Moved by Figurski, seconded by Mortensen, to recommend to the Township
Board approval of the Impact Assessment dated October 2, 2003
(revision) for a proposed ground water storage tank necessary to
support the City of Brighton municipal water system, located in the
southeast corner of Section 36 on the south side of Brighton Lake /
Hamburg Road, petitioned by River Place / Abbey Homes with the
following conditions:
1. Review and approval of the Township Attorney.
2. An agreement will be executed with the City of Brighton regarding
whether and how the land will be transferred to the City.
3. Approval by the Township Board of the Special Use Application,
Second Amendment to the PUD Agreement, and Site Plan
The motion carried unanimously.
Moved by Mortensen, seconded by Figurski, to recommend to the Township
Board approval of the Site Plan dated September 24, 2003 for a
Maintenance and security for the land and the building shall be the
responsibility of the City of Brighton with the following conditions:
1. Approval by the Township Board of the Special Use Application,
Second Amendment to the PUD Agreement, and the Impact Assessment
2. The building materials shown this evening are acceptable and become
the property of the Township.
3. The windows will be a clear glass with either Venetian blinds or
draperies.
4. The landscaping will include plantings around the perimeter of the
home, softening of the turnaround, screening of any utilities on the
site, as well as several canopy trees added with final landscaping
review and approval by the Township Staff.
5. The landscaped areas shall be irrigated.
6. A 25-foot wide permanent utility easement for the water main must
be recorded by the City of Brighton while this site it is still under
the jurisdiction of Genoa Township.
7. Approval from the Livingston County Road Commission may be required
for connecting the driveway to Brighton Lake Road.
8. The driveway must be constructed to Genoa Township standards of
1.5-inches 36A for the wearing course, 1.5-inches 13A for the leveling
course, and 6-inches MDOT 22A aggregate base course.
9. Any utility construction within Hamburg Road/Brighton Lake Road
right-of way will require a permit from the Livingston County Road
Commission. The LCRC may require the water main to be constructed by
jack and boring or directionally drilling.
10. Construction plan approval will be required from the City of
Brighton for the water main construction
11. The lighting will not exceed 0.5 footcandles at the property line.
The motion carried unanimously.
Moved by Figurski, seconded by Litogot, to approve the minutes of
October 14, 2003 as corrected. The motion carried unanimously.
Member Discussion:
All members except Commissioner Figurski advised they will be
available for a December 22, 2003 Planning Commission meeting.
Commissioner Litogot noted that since Waldecker has increased their
parking lot, they did not extend the sidewalk to that area.
Commissioner Figurski received a complaint about the lights at
Kohl’s. They can be seen from residences in Sunrise Park. Ms.
Kolakowski is aware of this. She has not measured the footcandles, but
knows that the fixtures are in compliance.
It was noted that the petitioner this evening did not have all of the
necessary materials. There was no landscape plan or documents
regarding the transfer of ownership of the site.
Ms. Kolakowski advised a petitioner has approached the Township about
rezoning 95 acres in the Country Estates zoning to Rural Residential
in order to build a church. Currently churches are allowed as a
special use in all zoning areas except Country Estates and
Agricultural. She feels it may be appropriate to allow churches as a
special use in Country Estates zoning. Mr. Nesbitt does not feel it
would be appropriate to allow churches in agricultural zone, but it
may be appropriate in Country Estates. He noted that churches now are
usually large buildings with more activities held on the site. They
have been encouraging municipalities to have appropriate language
regarding churches with regard to special criteria as a special land
use (i.e. they must be on paved roads, they need to allow room for
expansion, they cannot impact the surrounding sites, and they
recommend water and sewer services). He also noted there is a new
Federal ruling regarding how churches are handled by municipalities.
That should also be part of the ordinance.
Commissioner Mortensen questioned if churches are currently being
treated fairly because they are allowed in every zoning district but
two. Mr. Nesbitt noted that no places of assembly are permitted in
Country Estates currently.
Commissioner Mortensen suggested that the entire Church ordinance be
reviewed. All agreed. Mr. Nesbitt will compile a report for submission
to the Planning Commission.
The meeting adjourned at 8:13 p.m.
Submitted by: Patty Thomas, Recording Secretary
Approved by: Barbara Figurski, Secretary
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