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Planning Commission Meeting
January 12,
2004
7:00 p.m.
AGENDA
PUBLIC HEARING # 1…Rezoning, and Site Plan applications, and
environmental impact assessment to rezone 11 acres located at Challis
Road east of Bauer Road and south of the railroad tracks, Section 24 &
25, from CE (country estates) to PRF (public/recreational facilities),
petitioned by Schoolhouse Facilities, LLC. (PC 03-28)
Planning Commission disposition of petition
A. Recommendation regarding rezoning application.
B. Recommendation regarding site plan application.
C. Recommendation regarding impact assessment.
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; Jeff Purdy 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 7:02 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 with
the following additions: 1. Election of Officers. 2.
PUBLIC HEARING #2…Discussion regarding Grand River corridor lighting
requirements. The motion carried unanimously.
Moved by Mortensen, seconded by Brown, to continue all present
offices through 2004. 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 7:05
p.m. Chairman Pobuda noted that the Board will not begin any new
business after 10:00 p.m.
PUBLIC HEARING # 1…Rezoning, and Site Plan applications, and
environmental impact assessment to rezone 11 acres located at
Challis Road east of Bauer Road and south of the railroad tracks,
Section 24 & 25, from CE (country estates) to PRF
(public/recreational facilities), petitioned by Schoolhouse
Facilities, LLC. (PC 03-28)
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Planning Commission disposition of petition
A. Recommendation regarding rezoning application.
B. Recommendation regarding site plan application.
C. Recommendation regarding impact assessment.
Ms. Dawn Singer for Dickinson Wright representing Schoolhouse
Facilities, LLC and Ms. Tyla Wells, who would be the principal at
the proposed school, were present to represent the petitioner. Mr.
Wayne Perry from Desine Engineers as well as Williams Simpson, the
petitioner’s traffic consultant, were also present.
Ms. Singer stated they are requesting a rezoning of the subject
property. They have spoken with staff and noted what they would like
to develop this site as a school and staff suggested rezoning it so
the school would be allowed as a use by right. She reviewed the
surrounding zoning.
Mr. Simpson gave a brief summary of their traffic study findings.
They did their study based on the proposed use, as well as allowing
for growth. They have estimated the increase in traffic and
determined what the road improvements would need to be, assuming a
five percent increase in traffic. The current ratings for the
morning peak west of Challis is C, and the afternoon peak is F. A
traffic signal is currently needed so the addition of the school
would not change that. He noted that with the addition of the
school, the morning peak traffic would become an F. He feels the
level of service could be increased to an A or B.
Ms. Singer reviewed TTMPS’s letter dated December 31, 2003. They
will be providing private well and septic and will comply with
Livingston County Health Department standards. They will also comply
with the Livingston County Drain Commission with regard to all
drainage, grading, and soil erosion. She noted they will address the
fire department’s concerns regarding hydrants at final site plan
approval.
She reviewed LSL’s letter dated December 16, 2003.
1. The Master Plan does not show any PRF zoning. They are not
proposing much of a deviation from the County Estates zoning.
2. LDS zoning would not allow this school as a principle structure,
even with a special land use.
They feel the current zoning does not allow for a reasonable
economic return on the property. Their proposal would be a unique
asset to the community and its residents.
Commissioner Litogot questioned why this site is desired for a
private school. Ms. Wells said the unique nature of this property,
the steepness, and natural features would be a unique site for this
school. She has been looking in this county for a site for a school.
This property has the feel that she was looking for. It is also
close to neighborhoods that could support this type of school.
Commissioner Figurski asked what time school begins in the morning.
Ms. Wells said they begin between 8:00 and 8:30 a.m.; however, they
will have before care services beginning at 7:00 a.m. School lets
out between 3:00 and 3:30 p.m. and some children stay for after
school care until 6:00 p.m.
Commissioner Cahill is concerned that the driveway would be right on
a curve in the road. He does not feel this is safe. Mr. Simpson
stated the curve is not as severe as it appears. The entrance would
be graded as to Livingston County Road Commission Standards.
Commissioner Cahill also questioned traffic back up to the railroad
tracks, which is a dangerous situation.
Chairman Pobuda advised the applicant that traffic is going to be a
large concern for the Planning Commission.
Commissioner Cahill noted that the school will back up to the
railroad tracks, which could derail and toxic fumes, etc. could put
children in danger. Ms. Wells sated they are required by the State
to have a light and security fencing around the railroad tracks.
Chairman Pobuda noted another safety concern of people riding the
trains and jumping off near the school.
Mr. Purdy reviewed his letter of December 16, 2003. He agrees that
the Master Plan does not call for any recreational areas. To add
this zoning to the Township is a decision that would be made by the
Planning Commission. He noted that if this is rezoned, a civic use
building, a church, a library, government offices, school,
playground, golf course, driving range, public utility facility,
cemetery, skate rink, and a small healthcare clinic could be built
there.
Ms. McAvoy stated she has met with the Road Commission and based on
their preliminary plans, they are proposing the Challis Road ROW to
be 100 feet, which would affect the petitioner’s site plan. She
showed a drawing of the Road Commission’s proposed changes to this
intersection. With these changes, the level of service will improve.
This project is scheduled to begin in 2005 / 2006. They will not be
putting a traffic signal at this intersection for 5 to 10 years.
They will put stop signs and left turn lanes first.
Commissioner Brown asked how accurate the Commission’s timeline is.
Ms. McAvoy stated they are moving along as scheduled.
The call to the public was made at 7:52 p.m.
Ms. Christine Cross of 6984 Challis Road stated there is currently a
horrible traffic situation at this intersection. She also questioned
how there could be less traffic in the morning than in the
afternoon. If children are getting dropped off, then they must need
to be picked up. There is not enough vision for her to see to back
out of her driveway. She questioned the lighting. Mt. Brighton
already generates a lot of light. She is also concerned about the
noise. She noted that the Master Plan is for residential and would
not want it to be changed. She also questioned if the Road
Commission’s improvements will be completed.
Ms. Lynn Winkelbauer of 3844 Bauer Road does not feel there is any
way traffic should be increased in this area. The curve is very
dangerous.
Mr. Michael Gates, who represents the Eisenbergs and Shapiros, who
own property in this area, as if Challis is being moved to the
north. Ms. Kolakowski advised that it is.
Ms. Sarah Cross of 6984 Challis noted that the petitioner did not
address traffic concerns during bad weather. It is difficult to get
up the hill. There are no gates at the railroad tracks and vehicles
can slide onto them.
Ms. Winkelbauer noted that this property is being proposed to be
developed as single-family homes, which will increase traffic also.
Mr. Purdy noted that if it is developed for single-family homes, it
would have to be rezoned as it is currently agricultural.
The call to the public was closed at 8:00 p.m.
The petitioner addressed the public’s concerns. They will only have
security lighting in the parking area and inside the building. The
parking lot and playground lights would be on a timer. With regard
to the noise, Ms. Wells advised she would like the playground to be
on top of the hill, far away from the tracks, but there are never
300 children out at one time, they go out by individual class.
Chairman Pobuda asked if all of the public’s concerns regarding the
hill, traffic, etc. will be resolved by the proposed new
intersection. Ms. McAvoy confirmed this.
Ms. Singer noted that the proposed timing for the road improvements
is consistent with their plans to begin construction.
Commissioner Cahill questioned if a school would be allowed in LDR
zoning as a special use and Mr. Purdy stated yes. Commissioner
Cahill suggested rezoning the property to LDR and permitting it as a
special use, which would allow the Planning Commission more control
of site improvements. Mr. Purdy noted this is an option, but the
petitioner requested PRD zoning. He noted that the Planning
Commission can recommend rezoning to a less intense zoning district
than what is being requested. Commissioner Cahill reiterated his
feeling that LDR, with a special use, would be better so the
Planning Commission can have more control of issues such as traffic
and safety.
Commissioner Mortensen feels the Township Engineer needs to
determine what the levels of service would be if the improvement are
made and the school is developed. He also addressed the residents by
stating this property is not going to stay vacant. Land is too
valuable in this Township and the property owner has a right to
develop their property. He added that a school, once the traffic
issues are addressed, is a low-density use and this is a good site
for it.
He advised the petitioner that they may be asked to participate
financially with improvements, such as decel lanes, traffic lights,
etc.
Ms. Singer stated PRF zoning would be more consistent with the
surrounding zoning. She noted that control conditions can be placed
on the site plan even without a special land use. She also noted
that a child care facility is not allowed at all in LDR zoning, not
even as a special use. Ms. Wells stated that since they have before
and after school care, by State law, they need to be in a zoning
that allows child care as well as a school.
Commissioner Mortensen asked the petitioner if they would be willing
to participate with traffic improvements. Ms. Singer stated they
would need to review this further to see what would be required.
Commissioner Mortensen stated if the traffic improvements were done,
he would not have any concerns about this project, however, the
Township cannot be certain if and when they will be done. He would
like to rezone the site to LDR with a special land use; however,
this is not an option for the petitioner because of the child care
facility.
Commissioner Mortensen would like to see specifics regarding
geometrics, traffic control at the intersection, level of service
analyses, etc.
Commissioner Cahill stated he will not vote for this if Challis is
not realigned.
Mr. Purdy advised the conditions cannot be planed on a rezoning. He
added that in PRF zoning, a school is permitted by right, so all the
petitioner would need to do would be to meet all of the site plan
requirements.
Commissioner Brown feels the Township will always struggle with this
site until we can be sure the road is going to be realigned.
Commissioner Mortensen’s concerns are regarding traffic. He would
like to see what the levels of service would be in the area if the
road is realigned. He stated that infrastructure improvements
following development. You cannot wait for infrastructure
improvements to rezone property.
Commissioner Figurski agrees. She would like to see more traffic
information.
Commissioner Litogot does not want to rezone the property at this
time. There is too much traffic. He does not feel this is the right
place for a school. He would like to leave it how it is.
Moved by Cahill, seconded by Figurski, to table Agenda Item #1 at
the petitioner’s request until the February 9, 2004 Planning
Commission meeting. The motion carried unanimously.
PUBLIC HEARING #2… Discussion regarding Grand River corridor
lighting requirements.
Commissioner Litogot agrees that these lights are needed; however, a
plan needs to be implemented. He feels it should extend from Exit
141 until the Howell City limits. Commissioner Figurski agrees.
Commissioner Mortensen is in favor of the lighting; however, he is
not sure if he would support that much of an area. He needs more
facts. He would like to see some “pros and cons” as well as
suggestions from staff regarding how far it should go, should there
be a special assessment district, should it be required similar to
sidewalks, etc.
Chairman Pobuda feels the lighting is needed and would like it
extended south on Latson in case the expressway interchange is
developed. He would also like to see it north on Latson to Golf Club
Road. Ms. Kolakowski advised that Comerica Bank was required to put
these in so she believes the intent is to continue them on Latson
Road.
Commissioner Brown feels it is a good idea, but he would like some
more facts, such as how much they cost, etc.
Commissioner Cahill feels it would be a nice way to let people know
they are entering Genoa Township.
Ms. Kolakowski will review the Commissioners’ concerns and bring
additional information to the Planning Commission.
Moved by Figurski, seconded by Mortensen to approve the minutes of
December 22, 2003. The motion carried unanimously.
Member Discussion
Ms. Kolakowski stated she has done some research regarding the “lake
vs. pond” issue that was raised as a result of the Conely request.
The State of Michigan says that 5 or more acres of open water is a
lake. She is going to implement these standards for the Township.
LSL has created a water body map for the Township. She will use this
map and specifically call certain bodies of water lakes, and others
will be wetlands, and the respective setbacks will apply.
The meeting adjourned at 8:52 p.m.
Submitted by: Patty Thomas, Recording Secretary
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