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Planning Commission Meeting
March 8, 2004
AGENDA
OPEN
PUBLIC HEARING # 1…Review of site plan, PUD amendment, and environmental
impact assessment for proposed 19,875 sq. ft. commercial development
(Shops at Westbury), which is part of the Lorentzen PUD, Sec. 9,
petitioned by Singh Development Co. (PC 03-15)
Planning Commission disposition of petition
A. Recommendation regarding PUD agreement.
B. Recommendation regarding impact assessment.
C. Recommendation regarding site plan.
OPEN PUBLIC HEARING # 2…Rezoning application, environmental impact
assessment, and site plan to rezone 177.66 acres (Faulkwood Shores Golf
Course) located on both sides of Hughes Rd., ¼ mile south of Golf Club
Rd., Section 3 & Section 4, from PRF (public/recreational facilities) to
MDR (medium density residential), petitioned by Landtec Realty, Inc. (PC
04-02)
Planning Commission disposition of petition
A. Recommendation regarding rezoning application.
B. Recommendation regarding impact assessment.
OPEN PUBLIC
HEARING # 3…Review of site plan application, site plan, and
environmental impact assessment for proposed 18,000 sq. ft. multi-tenant
warehouse building located north of Grand River Ave., on the west side
of Pless Drive, Section 13, petitioned by Genoa Industrial, LLC. (PC
04-01)
Planning Commission disposition of petition
A. Recommendation regarding impact assessment.
B. Recommendation regarding site plan.
OPEN PUBLIC HEARING # 4…Reconsideration of January 26th, 2004 motion
regarding approval of the PUD Rezoning Application for a 191 acre parcel
(Preserve of Genoa) located south of Brighton Road and east of Chilson
Road, Section 33 & 34, petitioned by Crescendo homes. The request is to
recommend a PUD (mixed use) zoning classification rather than a RPUD
(residential) designation. (PC 03-25)
Planning Commission disposition of petition
A. Reconsideration of January 26th, 2004 motion.
B. Recommendation regarding rezoning.
OPEN PUBLIC HEARING # 5…Review of special use application, site plan,
and environmental impact assessment for proposed 13,384 sq. ft. building
for contractors office and shop building with outdoor storage for
construction equipment located in Section 5, on the west side of Grand
Oaks Dr. south of Grand River Ave., petitioned by LaSalle General
Contractors. (PC 03-31)
Planning Commission disposition of petition
A. Recommendation regarding special use.
B. Recommendation regarding impact assessment.
C. 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, Bill Litogot and
Teri Olson. 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 7:00 p.m.
The Pledge of Allegiance was recited and a moment of silence was
observed.
Chairman Pobuda advised that Agenda Item #2 would be adjourned this
evening. He noted that they Commissioners have received and read all of
the letters from the residents. He asked Mr. Purdy to explain the
process for the rezoning application.
Mr. Purdy stated the petitioner has filed an application for rezoning of
property. The Township is obligated to consider the application. There
are a number of steps in the process. The first step is to conduct a
public hearing. Then the Planning Commission makes a recommendation to
the Township Board and the County Planning Commission will review the
request and make a recommendation to the Township Board. The Township
Board would then consider all commendation and recommendations and make
a final decision on the rezoning. If the rezoning is approved, then a
site plan would need to be submitted and there would be another public
hearing and another recommendation to the Township Board from the
Planning Commission.
Chairman Pobuda stated that the Township would like to have the
petitioner make their presentation and then allow all of the public to
make their comments; however, with the large number of people this
evening, the building is over capacity. The Township will hold a special
meeting on Wednesday, March 24, 2004 at 7:30 p.m. at Three Fires Middle
School on Crooked Lake Road.
A resident rose and stated he does not feel it is fair that all of these
residents have this evening and now it is being postponed. All of these
people are here because they are opposed to this development.
Mr. Purdy stated the number of people in the building at this time is
over capacity and in violation of the fire code; it is the Township’s
legal responsibility to postpone the public hearing.
Moved by Litogot, seconded by Figurski, to approve the Agenda with the
following changes:
1. Adjournment of Agenda Item #2.
2. At the petitioners’ requests, delete Agenda Item #3 and Agenda Item
#5.
The motion carried unanimously.
The call to the public was made to discuss items not on the agenda. Mr.
Darrell Brown of 438 Lillyview Court, President of the Lakewood Knoll
Condominium Association, stated they are having a problem with the
draining in their development. They have contacted Hampton Ridge and
they are stating that the problem is being caused by the Singh
development. He would like the Planning Commission to hold off on any
further development on this site until this issue is resolved.
Ms. Kolakowski advised that the wetlands located behind the Lakewood
Knoll Condominiums have been experiencing sedimentation. She is working
with the Livingston County Drain Commission’s office to determine the
source of the sedimentation.
Ms. McAvoy is not aware of this issue; however, she can assist the
County with their investigation.
Mr. Mike Can of Singh Development was unaware of the problem. They
worked with the Drain Commission’s office to determine how their
drainage would work with Hampton Ridge. They will work with the Drain
Commission to correct this problem if they are the cause.
The call to the public was closed at 7:15 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, PUD amendment, and
environmental impact assessment for proposed 19,875 sq. ft. commercial
development (Shops at Westbury), which is part of the Lorentzen PUD,
Sec. 9, petitioned by Singh Development Co. (PC 03-15)
· Planning Commission disposition of petition
A. Recommendation regarding PUD agreement.
B. Recommendation regarding impact assessment.
C. Recommendation regarding site plan.
Mr. Tom Dummond of Boss Engineering and Mr. Mike Cane of Singh
Development were present to represent the petitioner.
Mr. Dummond noted the changes that were made to their plan. Per the
request of the Planning Commission, their sign is no in compliance with
Township Ordinance. Also, they have relocated the driveway approach to
align with the TW Friends driveway and the size building has been
decreased to 18,000 square feet.
Mr. Purdy advised that the petitioner has addressed their previous
comments. They have three outstanding issues that need to be addressed
in the PUD Agreement, which does require approval from the Township
Board.
1. The building will have a zero setback from the west lot line, which
is not a problem as long as the two properties remain under the same
ownership. The Petitioner has agreed to this condition.
2. The proposed building height of 26 feet requires an amendment to the
PUD Agreement. Mr. Purdy noted that that the height is compatible wit
the multi-family dwellings to the rear because of the change in grade.
3. Restaurants with outdoor seating need to be included in the PUD
Agreement and will need to include restrictions, such as number of
seats, hours of operation, no outside PA system, etc.
Ms.
McAvoy advised that they have some minor aesthetic items that need to be
worked out with the applicant.
Commissioner Cahill questioned how the height of the proposed building
compares with the clubhouse next to it. Mr. Cane stated the grade on
this site is six to seven feet less so the building will appear the same
height as the clubhouse.
Commissioner Mortensen asked where the outside seating will be located.
It will be on the southwest corner of the building and there will are
only three tables being proposed at this time.
Commissioner Figurski feels the lighting is excessive and she does not
agree with allowing the zero lot line. Commissioner Mortensen noted it
was agreed in the past that if the two sites remain under one ownership,
then there is truly not a zero lot line.
Mr. Purdy advised that their lighting currently meetings the ordinance.
Mr. Cane advised that most of the lights are decorative in nature or for
safety. After a brief discussion, the petitioner agreed to eliminate the
two building lights in the middle of the front façade.
Commissioner Litogot asked how the 26-foot building height was
calculated. Mr. Dummond said it is measured midway from the eaves to the
top of the roof. They meet the ordinance.
He also questioned the signage. Mr. Dummond stated they are proposing a
six-foot monument sign on the ground, and not on a berm. Commissioner
Litogot wants to ensure that there is no other tenant signs on the
building. Mr. Cole is aware that he will need to return to the Planning
Commission with any of these requests.
Commissioner Cahill asked for building material samples. The petitioner
stated they are using the same materials that were used on the
clubhouse.
Commissioner Cahill noted Mr. Brown’s concerns with the drainage. He is
wondering if the “culprit” is Summerfield Point. Ms. Kolakowski
reiterated that it has not been determined who is causing the drainage
problem.
The call to the public was made at 7:40 p.m. with no response.
Moved by Mortensen, seconded by Litogot, to recommend to the Township
Board approval of the PUD Agreement for a proposed 19,875 sq. ft.
commercial development (Shops at Westbury), which is part of the
Lorentzen PUD, Sec. 9, petitioned by Singh Development Co. (PC 03-15)
with the following conditions:
1. The proposed building will have a zero setback from the west lot line
without a firewall and the Agreement will be amended in such a fashion
to preclude the sale of this building from the adjacent property to the
west.
2. The building height of 26 feet as measured according to Township
Ordinance is acceptable.
3. Outside seating will be limited to three to four tables seating four
people each and shall comply with the following restrictions:
a. The seating area will be delineated with landscaping.
b. The hours of operation will be from 7:00 a.m. to 11:00 p.m.
c. There will be no outside music or PA system.
d. There will be no additional outside lighting.
e. It will be allowed from May 1st through October 31st.
f. The tables and chairs and related fixtures will be removed from
November 1st through April 31st.
g. All requirements of the Livingston County Liquor Commission will be
complied with.
4. Signage will be according to the Township Ordinance and will require
staff approval.
The motion carried unanimously.
Moved by Litogot, seconded by Figurski, to recommend to the Township
Board approval of the Impact Assessment dated February 4, 2004 for a
proposed 19,875 sq. ft. commercial development (Shops at Westbury),
which is part of the Lorentzen PUD, Sec. 9, petitioned by Singh
Development Co. (PC 03-15) with the following conditions:
1. Item #F needs to include “Shops of Westbury”
2. The outdoor seating restrictions shall be included.
3. The last sentence in Item F needs to be changed to “Completion of the
service drive is scheduled for no later than ________” (Not October
2003).
The motion carried unanimously.
Moved by Mortensen, seconded by Litogot, to recommend to the Township
Board approval of the Site Plan for a proposed 19,875 sq. ft. commercial
development (Shops at Westbury), which is part of the Lorentzen PUD,
Sec. 9, petitioned by Singh Development Co. (PC 03-15) with the
following conditions:
1. The two center decorative building lights will be removed from the
front façade.
2. Materials will match the clubhouse building immediately to the west.
3. Signage will be according to Township Ordinance and a monument signs
no taller than six feet will be allowed. All signage materials will
match building the building materials.
4. At the time of Township Board review, the petitioner will be prepared
to respond to any drainage issues discovered and identified by the
Township Engineer.
5. Petitioner will comply with the requirements of the Howell Fire
Department’s letter dated February 19, 2004.
6. Wall pack lighting units at the rear of the building shall be
approved by Township Staff.
The motion carried unanimously.
OPEN PUBLIC HEARING # 4…Reconsideration of January 26th, 2004 motion
regarding approval of the PUD Rezoning Application for a 191 acre parcel
(Preserve of Genoa) located south of Brighton Road and east of Chilson
Road, Section 33 & 34, petitioned by Crescendo homes. The request is to
recommend a PUD (mixed use) zoning classification rather than a RPUD
(residential) designation. (PC 03-25)
· Planning Commission disposition of petition
A. Reconsideration of January 26th, 2004 motion.
B. Recommendation regarding rezoning.
Moved by Cahill, seconded by Mortensen, to reconsider the Planning
Commission’s motion of January 26, 2004. The motion carried unanimously.
Ms. Kolakowski stated that upon review, the Livingston County Road
Commission recommended denial of this request because there are two
underlying zonings and the rezoning showed the incorrect zoning
classification.
The call to the public was made at 7:55 p.m.
Mr. Brian Walker of Atwell Hicks on behalf of Crescendo Homes was
present to answer any questions the Commissioners may have.
The call to the public was closed at 7:56 p.m.
Moved by Mortensen, seconded by Brown, to recommend to the Township
Board approval of the rezoning of a 191 acre parcel (Preserve of Genoa)
located south of Brighton Road and east of Chilson Road, Section 33 &
34, petitioned by Crescendo homes to a PUD (mixed use) zoning
classification because it is consistent with development trends in the
area and is consistent with the Master Plan.
The motion carried unanimously.
Moved by Figurski, seconded by Olsen to approve the minutes of February
9, 2004. The motion carried unanimously.
Member Discussion
Mr. Purdy advised that there will be a fifth Monday meeting this month
on March 29, 2004 to discuss zoning ordinances and their recommended
changes.
Ms. Kolakowski advised there will be a second Planning Commission
meeting this month on Monday, March 22nd as well as the special meeting
for Faulkwood Shores at Three Fires Middle School on March 24th at 7:00
p.m.
Commissioner Cahill wants to ensure that there is adequate microphones,
etc. for the Faulkwood Shores meeting. Ms. Kolakowski will ensure that
everyone that would like to will be heard. There was a brief discussion
on how to organize all of the comments that will be received. It was
suggested that each different group could have a spokesperson.
The meeting adjourned at 8:10 p.m.
Submitted by: Patty Thomas, Recording Secretary
Approved by: Barbara Figurski, Secretary
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