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Planning Commission Meeting
November 8, 2004
AGENDA OPEN
PUBLIC HEARING # 1…Review of special use application, sketch plan
and impact assessment for a proposal to display all terrain machines on
Grand River Avenue in the parking lot located at 3220 E. Grand River.
Sec. 5, petitioned by William Riddle (Livingston County Moto Cross).
(04-27)
Planning Commission disposition of petition
A. Recommendation regarding special use
B. Recommendation regarding impact assessment
C. Disposition of sketch plan
OPEN PUBLIC HEARING # 2… Review of amendments to the Zoning
Ordinance text affecting the entire Township of Genoa.
A. Recommendation regarding zoning ordinance amendments.
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, James Mortensen, Barbara Figurski, Dean Tengel,
Teri Olson, and Mark Snyder. Also present was Kelly Kolakowski, Township
Planner; Jeff Purdy from Langworthy, Strader, LeBlanc & Associates,
Inc.; and Tesha Humphriss 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 7:03 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. The motion carried unanimously.
The call to the public was made at 7:04 to discuss
items not on the agenda.
OPEN PUBLIC HEARING # 1…Review of special use
application, sketch plan and impact assessment for a proposal to display
all terrain machines on Grand River Avenue in the parking lot located at
3220 E. Grand River. Sec. 5, petitioned by William Riddle (Livingston
County Moto Cross). (04-27)
Planning Commission disposition of petition
A. Recommendation regarding special use
B. Recommendation regarding impact assessment
C. Disposition of sketch plan
Mr. William Riddle, the owner of Livingston County
Moto Cross, was present. He stated that he and his partner, Robert
Fleck, opened this store and did not realize that the dirt bikes and
ATV’s could not be put in the parking lot for display. He showed where
he would like the vehicles to be parked during business hours.
Commissioner Snyder questioned where the vehicles go
after business hours and where business is conducted. Mr. Riddle stated
the vehicles go into the building and that is where business is
conducted.
Commissioner Figurski has a problem with it because
it will set a precedent where other business will want the same right.
He visited the site and there are a lot of the vehicles out there. Mr.
Riddle stated he never has more than 13 vehicles in stock at one time.
She questioned if Nextel is part of their group. Mr. Riddle stated they
share the rear of the Nextel building for their office and bathroom
needs.
Chairman Pobuda questioned if there are utilities in
their building. There is electricity, gas, and a phone.
Commissioner Mortensen understands this is their
livelihood, but the Township cannot have uncontrolled outside sales and
storage. Every retailer in the Township will want this. We need to come
to some agreement where there will be upgrades for the facility,
including pods, etc. to display the vehicles.
Commissioner Tengel asked what are the hours of
operation. They are from 9:00 a.m. – 5:30 p.m. Monday through Saturday.
He questioned if there is maintenance and/or repair of the machines at
the facility. Mr. Riddle stated they assemble them there. They always
come with oil, but he needs to add gasoline. Chairman Pobuda noted that
this type of business would usually require a PIP plan to be submitted.
Commissioner Tengel asked if the units can be
displayed inside. Mr. Riddle stated they have very little room inside
the building.
Mr. Purdy reviewed his letter of November 2, 2004.
1. A special land use permit is required by the
Township.
2. The sketch plan does not identify all of the
information required by Section 13.03081, including parking,
landscaping, lighting, and waste receptacles, to ensure compliance with
Township ordinance.
3. An 8-foot wide sidewalk is required within the
Grand River right-of-way.
4. The minimum lot size required for outdoor
commercial display is one acre. This site is .96 acre. This will require
a variance from the ZBA also.
5. Loading and truck maneuvering capabilities need to
be provided on the sketch plan. Mr. Riddle stated he does not have any
deliveries. He picks them up from the warehouse in his pickup truck.
6. Landscaping buffers need to be provided in
accordance with Section 12.2526(g).
Ms. Humphriss stated that since the petitioner is
proposing to display the vehicles on an impervious service, they have no
engineering issues at this time.
Chairman Pobuda advised the petitioner of his options
this evening. The Commission can vote on his request or it can be
tabled, at his request, and he can meet with Staff to review the issues
and see if an agreement can be made.
Commissioner Mortensen stated that if the petitioner
wishes to have this tabled, landscaping, setbacks, and no more than 3
well-constructed pods to display the products will be required. He also
suggested that the property owner attend the meeting.
The call to the public was made at 7:25 p.m. with no
response.
Moved by Mortensen, seconded by Figurski, to
table, at the petitioner’s request,
The application to for outdoor sales and storage on
Grand River Avenue in the parking lot located at 3220 E. Grand River.
Sec. 5. The motion carried unanimously.
OPEN PUBLIC HEARING # 2… Review of amendments
to the Zoning Ordinance text affecting the entire Township of Genoa.
Recommendation regarding zoning ordinance
amendments.
Mr. Purdy stated he has been working with the
Township for the past several months on a comprehensive revision of the
zoning ordinance to address issues that have come up during site plan
review. These changes have been available for the public’s review for
several weeks and this evening’s meeting has been published in the paper
so the Planning Commission can hear comments from the public. These
changes will be reviewed by the Planning Commission and then the
Township Board. They will then be sent to the County Planning
Commission, and then back to the Township Board for final review and
approval. He reviewed the proposed changes:
1. The drive-thru language has been revised in the
commercial district.
2. There have been amendments and refinements to the
PUD ordinance. A new section, Town Center PUD, has been added, which is
being planned for the area surrounded by Grand River and Dorr Road. This
will include traditional neighborhood characteristics, similar to what
is found in the cities of Howell and Brighton.
3. Private road widths and types based on lot sizes
in developments has been revised.
Commissioner Mortensen questioned the term “drive
thru services” as shown on Page 7-6. Mr. Purdy stated this was
previously referred to only drive thru restaurants and banks; however,
now other types of businesses are adding drive-thru service, such as dry
cleaners and other retail uses.
He also questioned Page 10-11, (e) “Design Standards”
in the Town Center PUD section. Can vinyl siding be controlled and/or
eliminated? Mr. Purdy stated the Township would encourage brick;
however, if siding was requested, wood siding would be preferred.
All commissioners, except Commissioner Tengel, agree
with completely eliminating vinyl siding in this district. He does not
feel it can be completely eliminated, such as on the rear of buildings
or when a building is not visible from a major roadway.
Ms. Kolakowski stated the Town Center concept is very
new and she would not want to completely disallow something when the
Township is not sure what it really desired there. Commissioner
Mortensen suggested some specific language regarding the building
materials be put in the ordinance, such as “use of vinyl will be
discouraged; however, the Planning Commission can approve it for low
visibility areas”. All commissioners agree with this suggestion.
The call to the public was made at 7:40 p.m.
Mr. Frank of 4355 Filbert Drive stated he is a 36
year resident of the Township and is concerned about high density and
curb and gutter. This could cause problems with water runoff.
Ms. Cil Buckner of 5310 Versailles asked the Planning
Commission and Township Board not to change the ordinance with regard to
gazebos. She reviewed the letter she sent to Ms. Kolakowski, citing the
gazebo that was allowed to be erected by the Jennings at 5324
Versailles, which is next door to her home.
Mr. Paul Riggio of 5289 Versailles is a friend and
neighbor of Mr. and Mrs. Buckner. He spends time at their home and
stated the green of the golf course cannot be seen from their porch due
to the Jennings’ gazebo.
Ms. Nancy Ottum of 4467 Villa France also visits the
Buckner’s home and used to enjoy sitting on the deck and seeing the
green; however, the gazebo now blocks that view. It is only three feet
from the Jennings’ property line. She feels it should be required to be
taken down. She also submitted a letter from Ms. Gayle Kloosterman of
4455 Quebec, who was unable to attend the meeting, opposing changing the
gazebo ordinance.
Mr. Doug Brown of 3420 Pine Ridge lives on a lake and
because of the way the lots are shaped, there is a legal gazebo next to
his property; however, it blocks his view of the lake from his bedroom
window. He questioned if this issue could be addressed.
Mr. Pete Buckner of 5310 Versailles stated that he
complained to the Township about the Jennings’ gazebo and was told that
Township Staff made an error by approving this.
The call to the public was closed at 7:47 p.m.
Ms. Humphriss addressed concerns regarding water
runoff. She stated that all development needs to meet the Livingston
County Drain Commissioner’s standards, which requires that the natural
water course be maintained. Even if there is a detention pond with an
outlet, the water still needs to maintain its natural flows. Mr. Purdy
added that the Township has reduced parking lot requirements and road
widths, which will reduce the stormwater runoff.
Mr. Purdy addressed Mr. Brown’s concerns regarding
irregular lot shapes on shorelines. Currently a 150-square-foot gazebo
is allowed to be constructed, separate from another other structure, in
the rear yard setback; however, it can only have a roof, a floor, and a
railing. No screens or glass is allowed. If a gazebo is constructed
attached to a deck, then it needs to be built in the building envelope.
Commissioner Mortensen does not feel that the
Planning Commission is able to amend and/or approve the gazebo section
of ordinance at this time. It needs a lot more discussion and study to
be done than what is possible this evening. Chairman Pobuda stated he
understands the residents’ concerns; however, h agrees with Commissioner
Mortensen that this issue needs to be reviewed further with the planner
and Township staff.
Commissioner Mortensen noted that many subdivisions’
deed restrictions and by-laws are generally more strict than the
Township ordinance and the Township cannot do anything about that.
Commissioner Tengel feels that the gazebo ordinance
should be addressed differently for properties adjacent to public areas,
common areas, golf courses, lakes, etc. than larger acre parcel that are
not next to other residences or common areas.
Moved by Mortensen, seconded by Tengel, to recommend
to the Township Board approval of the Township Zoning Ordinance
amendments dated September 28, 2004 with the following exceptions:
The proposed gazebo changes will not be made at this
time and will continue as written in the presently-approved ordinance.
Further, a study will be conducted by the Township Planner as to what
appropriate changes, if any, should be made to the existing gazebo
ordinance, which will include a sampling of existing gazebos in the
Township, with particular reference to lake shore, golf course, public
land, and scenic open space properties.
The proposed changes to the Township Zoning Ordinance
regarding Town Center PUD will be revised to indicate that the use of
vinyl siding will be discouraged, with a provision that the Township
Planning Commission and Board can approve limited use in non-visible or
low-visibility areas.
The motion carried unanimously.
Moved by Figurski, seconded by Mortensen, to approve
the Planning Commission Meeting minutes of October 12, 2004. The motion
carried unanimously.
Moved by Figurski, seconded by Mortensen, to approve
the Planning Commission Meeting minutes of October 25, 2004. The motion
carried unanimously.
Member Discussion
Commissioner Mortensen advised that the request by
Cedar Closet for additional grading to the site was approved by the
Township Board. The petitioner did everything that the Planning
Commission requested, including a full tree inventory, before they made
their presentation to the Board. Ms. Kolakowski advised that a 300-foot
mailing was done and there were members of the public at the Board
Meeting.
Commissioner Tengel questioned what is defined as
outdoor display and/or storage. Mr. Purdy stated that currently, it is
set up that even if one item that is sold in the business is outside, it
requires a special land use.
Chairman Pobuda stated that himself, the Township
Supervisor, Ms. Kolakowski, The Township Clerk and Township Treasure,
and three trustees visited Niagara on the Lake last month. Many pictures
were taken and they will be shown Planning Commission so they can see
the design and basic concept of the buildings and homes. There was a
large variety of building styles, colors, etc. Commissioner Mortensen
suggested having Ms. Kolakowski put together a presentation for the next
Planning Commission meeting since it is a short agenda. Ms. Kolakowski
agreed.
The meeting adjourned at 8:30 p.m.
Submitted by: Patty Thomas, Recording Secretary
Approved by: Barbara Figurski, Secretary
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