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Planning Commission Meeting
February 9, 2004
AGENDA
OPEN PUBLIC HEARING # 1…Rezoning
application, site plan, 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 impact assessment.
OPEN PUBLIC HEARING # 2…Rezoning application to rezone a 2.0-acre parcel
of land in Section 13 that will result from the proposed land division
of parcel 4711-13-100-042, from IND (industrial) to LDR (low density
residential), petitioned by John Conely. (PC 03-20)
Planning Commission disposition of petition
A. Recommendation regarding rezoning application
OPEN PUBLIC HEARING # 3…Reconsideration of Special Use application, site
plan, and environmental impact assessment for proposed 3000 sq. ft.
addition to existing structure and a new 11, 958 sq. ft. building with
(4)-lease spaces located at 7208 W. Grand River, involving outdoor
commercial display, sales and storage petitioned by Conely Engines,
(John Conely). (PC 03-20)
Planning Commission disposition of petition
A. Reconsideration of 12-22-03 motion regarding special use application,
site plan and impact assessment.
B. Recommendation regarding special use.
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, and Teri Olson. 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. Also, Ms. McAvoy introduced Kelly Ferrencz, who is a
traffic engineer for TTMPS. She will be assisting Debbie when there are
plans involving traffic issues.
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 Mortensen, to approve the Agenda with the
following change:
Agenda Item #2 shall have “Item B: Recommendation Regarding Impact
Assessment” added.
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 7:04 p.m.
Chairman Pobuda noted that the Board will not begin any new business
after 10:00 p.m.
OPEN PUBLIC HEARING #1… Rezoning application and environmental impact
assessment to rezone 11 acres located at Challis Road east of Bauer Road
and south of the railroad tracks, Sections 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 Impact Assessment
Mr. Timothy Stoker of Dickinson Wright, representing Schoolhouse
Facilities, LLC, stated he was not at the previous Planning Commission
meetings; however, he has attended subsequent work sessions. They will
not be making a formal presentation to the Commission; however they will
answer any questions. They have resubmitted the traffic information and
feel it addresses that the proposed rezoning and use will not result in
a negative impact to the a.m. or p.m. traffic.
Ms. McAvoy showed drawings of MDOT’s plans for this intersection, which
is scheduled to be completed in 2005. She concurred with Mr. Stoker that
the addition of their proposed use will not change the level of service
to this intersection.
Commissioner Brown questioned the reason for the school not affecting
the traffic is because it starts later and ends earlier than the a.m.
and p.m. peak traffic hours, respectively. Ms. McAvoy confirmed.
Commissioner Figurski feels there will still be too much of a traffic
impact in this area.
The call to the public was made at 7:12 p.m. with no response.
Moved by Mortensen, seconded by Brown, to recommend to the Township
Board approval of the Rezoning Application for 11 acres located at
Challis Road east of Bauer Road and south of the railroad tracks,
Sections 24 & 25, from CE (Country Estates) to PRF (public/recreational
facilities), petitioned by Schoolhouse Facilities, LLC for the following
reasons:
1. The use is less intensive than the Master Plan zoning of LDR
2. It is compatible with the PRF zoning to the immediately south of the
property.
3. While not specifically spelled out, PRF is seldom predicted in the
Master Plan.
The motion carried (Brown – yes; Mortensen – yes; Figurski – no; Pobuda
– yes; Olson – yes). Commissioner Figurski stated that she feels there
will be too much traffic and a large amount of grading and tree removal
as well as draining affects with this rezoning. She would like it to
stay Country Estates.
Moved by Mortensen, seconded by Brown to recommend to the Township Board
approval of the Impact Assessment dated December 22, 2003 for the
rezoning of 11 acres located at Challis Road east of Bauer Road and
south of the railroad tracks, Sections 24 & 25, from CE (Country
Estates) to PRF (public/recreational facilities), petitioned by
Schoolhouse Facilities, LLC with the following conditions:
1. An addition will be made requiring that the applicant pay for any
road improvements near the entrance of the site, such as acceleration,
deceleration and/or left turn or bypass lane, if the Township can
require such participation.
2. Acknowledgement by the petitioner that only one entrance and exit for
the site will be approved.
3. The hours of operation of Monday through Friday, with the exception
of occasional ancillary and customary activities associated with a
school, shall be noted.
4. Plan.
The motion carried (Brown – yes; Mortensen – yes; Figurski – no; Pobuda
– yes; Olson – yes).
OPEN PUBLIC HEARING #2… Rezoning application to rezone a 2.0-acre
parcel of land in Section 13 that will result from the proposed land
division of parcel 4711-13-100-042 from IND (industrial) to LDR (low
density residential), petitioned by John Conely. (PC 03-20)
· Planning Commission Disposition of Petition
A. Recommendation regarding Rezoning Application
B. Recommendation regarding Impact Assessment
Mr. Jim Barnwell of Desine, Inc., John Conely, Dennis Kirkwood, the
architect, and Mr. Jeff Hobson from Dickinson Wright were present.
Mr. Barnwell stated they are proposing a parcel split and rezoning for
two acres to LDR for a better transition to the residential area to the
west. They feel it is consistent with the Master Plan. They have changed
the “cut” for the rezoning based on Mr. Purdy’s recommendation.
The call to the public was made at 7:24 p.m.
Moved by Figurski, seconded by Mortensen, to recommend to the Township
Board approval of the Impact Assessment, which is part of the Special
Land Use Application dated January 12, 2004, consisting of Page #10,
Item I for the rezoning of a 2.0-acre parcel of land in Section 13 that
will result from the proposed land division of parcel 4711-13-100-042
from IND (industrial) to LDR (low density residential), petitioned by
John Conely. The motion carried unanimously.
Moved by Mortensen, seconded by Brown, to recommend to the Township
Board approval of the Rezoning Application for the rezoning of a
2.0-acre parcel of land in Section 13 that will result from the proposed
land division of parcel 4711-13-100-042 from IND (industrial) to LDR
(low density residential), petitioned by John Conely with the following
reasons:
1. The request to rezone to LDR is consistent with the Master Plan.
2. The request of rezoning provides a shield from an industrial property
to the north from residents to the south and west.
The motion carried unanimously.
OPEN PUBLIC HEARING #3… Reconsideration of special use application,
site plan, and environmental impact assessment for proposed 3,000 square
foot addition to existing structure and a new 11,958 square foot
building with four lease spaces located at 7208 W. Grand River,
involving outdoor commercial display, sales, and storage, petitioned by
Conely Engines and John Conely. (PC 03-20)
· Planning Commission Disposition of Petition
A. Reconsideration of 12/22/03 motion regarding special use application,
site plan, and impact assessment.
B. Recommendation regarding special use
C. Recommendation regarding impact assessment
D. Recommendation regarding site plan
This item was remanded back to the Planning Commission by the Township
Board after receiving a negative recommendation.
Moved by Mortensen, seconded by Olson, to reconsider the Planning
Commission’s December 22, 2003 motion recommending denial of the Special
Land Use, Site Plan and Impact Assessment for a proposed 3,000 square
foot addition to existing structure and a new 11,958 square foot
building with four lease spaces located at 7208 W. Grand River,
involving outdoor commercial display, sales, and storage, petitioned by
Conely Engines and John Conely. The motion carried unanimously.
Mr. Jim Barnwell of Design Engineering stated they are requesting
Special Land Use and Site Plan approval for additions to the current
building. The building is currently 10,000 square feet and they are
proposing to add 3,000 square feet as well as the addition of a new
11,958 square foot building to the rear of the site.
With the 3,000 square foot addition, Mr. Conely would like to clean up
the site and address the issues that have been noted by the Township
utilizing. The 12,000 square foot building will be leased to
complimentary businesses.
They will have paved display areas as well as paved and curbed parking
added to the rear of the property around the proposed new building. They
would like to keep the 3:1 slope in the rear of the site in order to
protect the existing trees.
He showed their landscape plan and noted they would like to cluster the
required amount of landscaping to help shield the area from the abutting
residential area.
Commissioner Mortensen suggested having the first discussion, public
hearing, and motion regarding the Special Land Use and the discuss the
site plan issues. All commissioners agreed.
Mr. Nesbitt stated the petitioner would need two Special Land Uses. One
to allow the building to be used for retail and rental activities as
well as one for the outdoor display sales and storage. They are
satisfied that the request meets the criteria in the ordinance. They
have no concerns regarding the Special Land Use application.
Ms. McAvoy stated she has no outstanding Special Land Use issues.
The call to the public regarding the Special Land Use was made at 7:35
p.m.
Ms. Nancy Brown of 7121 Lindsey Drive noted that the things that were
promised before by Mr. Conely (i.e. landscaping, etc.) were never
implemented. There are more cars in the back of the building than there
were before. She noted that the berm has been built, but the trees have
not been planted on it. She feels that Mr. Conely is doing whatever he
wants to do and does not obey the laws.
The call to the public was closed at 7:39 p.m.
Commissioner Brown asked Mr. Conely what is planned for the outdoor
storage. Mr. Conely stated they plan to use the site and parking as
provided on the plans. There will be no other storage, other than cars,
outside. He stated that he has been trying to get approval for this
expansion since 1997 to help ensure that this will be cleaned up. He
noted that the berm trees are ready to be put in; however, the weather
changed before they could have them planed. He will have this site be a
first-class operation.
Moved by Mortensen, seconded by Figurski, to recommend to the Township
Board approval of the Special Land Use to allow the 11,000 square foot
building to be used for automotive rental and retail business and to
allow the subject property to be used for outdoor display, sales, and
storage of vehicles for the automotive rental and retail business
conditioned upon:
1. Approval by the Township Board of the Site Plan, Impact Assessment,
and Rezoning Request as recommended by motion this evening.
2. Outdoor sales, display, and storage will be generally limited to
passenger cards and light trucks, which are undamaged and drivable.
3. Unlicensed and inoperable vehicles and parts will not be stored
outside for more than two business days. The rotation of damaged,
inoperable, or unlicensed vehicles between indoor and outdoor storage to
avoid the two-business day condition will be unacceptable.
4. The landscaping requirements agreed upon this evening will be
completed by August 31, 2004.
5. All other aspects of the Township Ordinance related to outdoor
storage will be adhered to by the petitioner.
The motion carried unanimously.
The Commission began discussing the proposed site plan.
Mr. Nesbitt stated they are generally satisfied with the site plan, with
the understanding that the most important issue of buffering the
residents to the west is met. The proposed site plan provides for most
of the required landscaping on the property; however, it is deficient by
12 shrubs. He would also suggest adding more landscaping to the
northwest property line.
Mr. Barnwell stated they will add the suggested landscaping and will
also turn the berm to the north due to the change in the property line
of the rezoned residential area.
There was a discussion regarding requiring more trees along the west
parking lot line. Mr. Barnwell stated they have moved some of the trees
from this area and put them in the rear to help screen the residential
area, All commissioners agree.
Ms. Kolakowski suggested that the petitioner plant evergreen trees in
lie of the deficient 12 shrubs. The commissioners agreed and the
petitioner will comply.
Ms. McAvoy stated she agrees with the 3:1 slope for the rear of the
property line to help preserve the existing trees.
There was a discussion questioning if parking for the damaged cars
should be limited to a certain area. Mr. Nesbitt feels this is important
to protect the neighbors as well as the traffic on Grand River.
Chairman Pobuda asked Mr. Conely what types of vehicles are currently
parked at the rear of the site. He answered there is a motor home, two
to three semi-trailers, and two cars that are all licensed and titled in
his name.
Commissioner Mortensen noted that the Special Land Use approval that was
just recommended does not allow for these types of vehicles; just cars
and light trucks.
Mr. Conely noted that the semis are currently parked along the side of
the building to the east of the site. They do not cause conflict with
the neighboring industrial use. He stated that if he cannot keep his
personal motor home on the site, then he will park it at home or rent a
location to park it. All commissioners agreed to allow the semi’s to be
parked on the east side of the property.
Mr. Nesbitt noted that the parking of the semis could create a fire
hazard. He also noted that the Planning Commission should ensure that
these semis are not parked too close to Grand River. He suggested having
the loading dock further to the north, which will allow the semi'’ to be
parked further to the rear of the site, which will not cause a fire
hazard when semi’s are parked at the dock as well as keep them far
enough from Grand River.
Commissioner Brown asked where the cars in need of repair going to be
parked. Mr. Conely stated they will be keeping these cars at the rear of
the building. He noted that the Special Land Use condition states they
cannot be there for longer than two business days. Commissioner Brown
does not feel that is a desirable place to park damaged cars when there
is going to be a retail building there.
Commissioner Figurski asked why three cars are going to be parked on the
display pod. Mr. Conely stated this will be their advertisement.
Commissioner Figurski feels there is a lot of lighting on this site. Mr.
Conely stated the lighting that they are proposing meets the Township
Ordinance.
The call to the public regarding the Site Plan was made at 8:38 p.m.
Mr. Bill Ross of 2603 Hubert questioned why there is not more
landscaping being required between the industrial property and the
newly-zoned residential property.
Mr. Douglas Sams of 7089 Lindsey noted that the Planning Commission
previously denied this request. He reiterated what Commissioner
Burchfield said about the Township not having the ability to enforce the
non-compliance issues.
Chairman Pobuda advised Mr. Sams that the Township is currently in
litigation with several businesses in the Township that are not
complying with the ordinance.
Ms. Kolakowski state the Township only has only enforcement officer and
it can be difficult to keep up with violations; however, recently the
Township has been given the ability to now issue tickets to violators.
Commissioner Mortensen noted that the Township has filed suit against
Home Depot, Wal Mart and Lowes in the past. We do have the ability to
enforce violators; however, cannot police every little thing, but things
that are egregious get addressed.
Mr. Sams continued saying he does not feel that the necessary adjustment
have bee made to the plan. There is also ambiguity as to what is be
agreed to (i.e. number of trees, etc.).
Commissioner Figurski noted that the new plans are dated January 12,
2004 and the last public meeting was in December.
Chairman Pobuda advised Mr. Sams that the details will be addressed
during the motion.
Mr. Mike Young of 7118 Lindsey Drive noted that Mr. Conely recently
cleaned up the site in the front and back; however he is concerned that
he will not keep up with it.
Ms. Brown stated that this request was previously tabled because Mr.
Conely had not previously complied with the requirements of the Special
Land Use. He still has not complied. She is concerned that nothing will
change and she will need to sell her house.
Chairman Pobuda advised Ms. Brown that when she purchased her home, she
knew what the adjacent property zoning was.
The call to the public was closed at 8:47 p.m.
Moved by Figurski, seconded by Brown, to recommend to the Township Board
approval of the Impact Assessment dated Rev. January 12, 2004 for a
proposed 3,000 square foot addition to existing structure and a new
11,958 square foot building with four lease spaces located at 7208 W.
Grand River, involving outdoor commercial display, sales, and storage,
petitioned by Conely Engines and John Conely with the following
conditions:
1. The PIP dated August 6, 2003 shall be part of the Impact Assessment.
2. REU’s will be revised as determined by the Township Engineer and
Staff.
The motion carried unanimously.
Chairman Pobuda questioned the required buffer between this site and the
newly-zoned residential property as questioned by Mr. Ross. Mr. Nesbitt
stated Type A landscaping is required and the existing vegetation will
meet this requirement to the south and the proposed landscaping to the
north is sufficient.
Moved by Mortensen, seconded by Figurski, to recommend to the Township
Board approval of the Site Plan dated January 13, 2004 for a proposed
3,000 square foot addition to existing structure and a new 11,958 square
foot building with four lease spaces located at 7208 W. Grand River,
involving outdoor commercial display, sales, and storage, petitioned by
Conely Engines and John Conely with the following conditions:
1. Township Board approval of the Rezoning Application, Special Land Use
and Impact Assessment as recommended by motion this evening.
2. The berm to the west will be curved to match the residential property
line and four additional trees will be added.
3. Four to six additional trees will be added to the west side of the
property north of the berm with the precise number and type of trees to
be determined and approved by Township staff.
4. The ground sign will be of a monument type and will meet the Township
Ordinance.
5. A favorable fire department recommendation will be required regarding
safety requirements and the PIP plan.
6. Tractor trailers and similar vehicles incidental to the business on
this site will be parked on the east side of the building south of the
loading dock.
7. Damaged and inoperable vehicles, which are permitted for no longer
than two business days, will not be parked in the front of the building
nor on the west side of the property.
8. The REU’s will be as determined by the Township Engineer and staff.
9. The sanitary sewer lead note on the utility sheet shall be SDR 23.5
PVS and not 32.5.
10. A 3:1 grading slope in the rear of the property is acceptable.
11. The lighting will meet the Township Ordinance and will not exceed
0.5 footcandles at the property line.
12. Dust control measures shall be added.
13. The dumpster enclose will consist of a same squared block used on
the buildings.
14. All rooftop equipment shall be screened.
15. There will be no outdoor P/A system allowed
16. The Township Board shall add to the Special Land Use the outdoor
vehicle storage and parking details described in this site plan.
17. Landscaping and buffer zones as presented this evening are
acceptable with the modification made by this motion.
18. The landscaping along Grand River will be irrigated.
The motion carried unanimously.
Moved by Figurski, seconded by Mortensen to approve the minutes of
January 26, 2004 as corrected. The motion carried unanimously.
Member Discussion
Commissioner Figurski stated that the Firestone dealer has a lot of
tires stored in the back of their site. Ms. Kolakowski will relay this
information to Adam.
Commissioner Figurski also noted that the chiropractic office in the
Grand River Annex has a very large banner. Ms. Kolakowski will address
this issue as well.
Commissioner Brown questioned is the cleanup that Mr. Conely has
performed significant enough for the Township to consider his request.
Commissioner Mortensen stated he is sympathetic to Mr. Conely. He has
grown and is trying to make changes to accommodate that, although he has
not outgrown this site yet.
Commissioner Mortensen advised the Planning Commission that the Township
is planning to spend approximately $20,000 on a state-of-the-art
projector system for site plans, etc.
The meeting adjourned at 9:23 p.m.
Submitted by: Patty Thomas, Recording Secretary
Approved by: Barbara Figurski, Secretary
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