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Planning Commission Meeting
November 22, 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) (tabled 11-8-04)
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 special use application and
impact assessment for a proposal by Genoa Township to put the Oak
Pointe logo on the Oak Pointe water tower.
Planning Commission disposition of petition
A. Recommendation regarding special use
B. 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, James Mortensen, Curt Brown, Teri Olson, Dean
Tengel, 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.
Mr. Purdy noted that the ZBA noted some additional
changes that should be made to the zoning ordinance. Chairman Pobuda and
Commissioner Mortensen advised they would not make a recommendation to
amend the zoning ordinance without seeing anything in writing first.
Chairman Pobuda suggested having Mr. Purdy discuss the changes during
the Planner’s Report and then send what was recommended by the Planning
Commission at the last meeting to the County and then after the Planning
Commission sees the proposed changes by the ZBA, it can be sent to the
County as an addendum.
Ms. Kolakowski stated that the proposed changes by
the ZBA are very minor, such as cleaning up grammar, etc. There were no
substantial changes. She would prefer to send the complete copy to the
County.
After a brief discussion it was decided that the
agenda for this evening’s meeting will be amended to add “Agenda Item #3
– Recommendation to incorporate the comments made by the ZBA at their
November 16, 2004 meeting regarding the amendments to the proposed
zoning ordinance amendments in Article 23”.
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 Mortensen, seconded by Olson, to approve
the Agenda with the following addition:
Agenda Item #3 - Recommendation to
incorporate the comments made by the ZBA at their November 16, 2004
meeting regarding the amendments to the proposed zoning ordinance
amendments in Article 23
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…
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)
(tabled 11-8-04)
Planning Commission disposition of petition
A. Recommendation regarding special use
B. Recommendation regarding impact assessment
C. Disposition of sketch plan
Mr. William Riddle and Mr. Robert Fleck, the owners
of Livingston County Moto Cross, were present.
Chairman Pobuda noted that he and Commissioner
Mortensen met with Mr. Fleck and Riddle to discuss some possible changes
that could be made to the site.
Mr. Riddle stated they will be constructing three
display pods – 5’ x 4’ x 30” high – made of pressure-treated lumber with
gaps for water damage. There will be no signs at the road side.
Mr. Purdy recommends adding additional shrubbery to
the front of the buildings as well as the pods. The petitioner agrees to
this request.
Ms. Humphriss questioned if there is any new asphalt
being proposed at this time. Mr. Riddle stated it may be changed when
the buildings are demolished in about a year; however, there will not be
any increase in the parking lot area at this time. She had no issues
with the plans.
Commissioner Tengel feels the detailed plans for the
pods need to be provided and reviewed. This could be done
administratively. He would also like to see a better sketch plan showing
exactly where the pods will be placed, what landscaping is proposed,
etc. Commissioner Mortensen agreed. A much better sketch plan will need
to be presented to the Township Board.
Mr. Riddle showed on his sketch plan where he is
proposing to but the trees and shrubbery. Mr. Purdy noted that the trees
need to be at least 60 feet from the center line of Grand River.
The call to the public was made at 7:20 p.m. with no
response.
Moved by Mortensen, seconded by Tengel, to
recommend to the Township Board approval of the Special Land Use for the
outdoor sales and storage of 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) with the following
conditions:
1. The Special Land Use permit will be granted for a
period of approximately two years, expiring on December 31, 2004.
2. The petitioner may petition for a renewal of this Special Land Use
permit and if granted, further upgrades to the site may be required.
3. The property owner will post a bond to construct an eight-foot wide
concrete sidewalk across entire property covered by one tax code. The
installation of which must be completed by June 30, 2007.
4. Three pods will be permitted with one ATV being displayed on each pod
for a total of three ATV’s.
5. The vehicles will be displayed only during regular daily business
hours and will be moved and stored in the building at night.
6. No major servicing of vehicles will take place on the site.
7. All Federal, State, and local laws, ordinances, and other regulations
with regard to the handling of hazardous materials will be complied
with.
8. The building from which the ATV’s will be sold will be painted a
beige, earthtone color with brown trim and a silver roof.
9. Repair of the existing asphalt in the amount of approximately $1,200
will be undertaken.
10. The hours of operation of the sales and display will be from 8:00
a.m. to 9:00 p.m. Monday through Saturday and from 8:00 a.m. to 6:30
p.m. on Sunday.
11. A sketch plan will be prepared and reviewed by Township Staff prior
to presentation to the Township Board that will include the pods, which
will be constructed of attractive pressured lumber.
12. The pods will be 5’ x 4’ x 30” high
13. The site plan will show the location of the four canopy trees and
two bushes in front of each pod.
14. The Special Land Use permit is subject to approval from the ZBA
since the property is slightly less than one acre in size.
15. The existing trailer on the site will be removed.
16. Handicap parking will be provided.
17. The property owner will provide the Township will a letter agreeing
to all of the provision of this motion and subsequent motions being made
this evening regarding the Impact Assessment and Sketch Plan, and such
will be available prior to the Township Board meeting.
18. All improvements to the site, excluding the installation of the
sidewalk, will be completed by May 31, 2005.
Moved by Mortensen, seconded by Tengel, to
recommend to the Township Board approval of the Impact Assessment dated
October 27, 2004 for the outdoor sales and storage of 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) with the following changes:
1. The hours of operation will be added and shall be
consistent with those made in the motion recommending approval of the
Special Land Use.
2. The Impact Assessment will be revised to indicate
that no more than three vehicles will be displayed on three pods and
only during business hours of operation.
The motion carried unanimously.
Moved by Mortensen, seconded by Brown, to approve
the Sketch Plan for the outdoor sales and storage of 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) with the following changes:
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All of the requirements and conditions for the
Sketch Plan made in the Special Lane Use motion will be incorporated
into the Sketch Plan prior to review by the Township Board.
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The Sketch Plan will receive the review and
approval of the Howell Area Fire Marshall.
The motion carried unanimously.
OPEN PUBLIC HEARING # 2…Review of special use
application and impact assessment for a proposal by Genoa Township to
put the Oak Pointe logo on the Oak Pointe water tower.
Planning Commission disposition of petition
A. Recommendation regarding special use
B. Recommendation regarding impact assessment
Township Supervisor Gary McCririe was present to
represent that petitioner, the Township.
Mr. Purdy stated the Genoa Township is applying for a
Special Use permit to put the Oak Pointe logo on the water town located
on their site. No other changes are proposed.
Supervisor McCririe showed a drawing of the proposed
logo on the water tower. He was been approached several years ago by the
residents of Oak Pointe and asked for the Township to explore options
for putting a logo on it. Since it needed to be painted now, they tried
to get sponsors to help pay; however, that did not seem appropriate. He
then directed Township staff and the engineers to explore putting the
Oak Pointe logo on the tower facing Brighton Road and not the residents.
The cost will be borne by the users within the water district, who are
the same residents who pay for the regular painting and maintenance of
the tower. The funding will come from money that was set aside from
rates that are charged to users in this water district for
infrastructure maintenance, such as the painting of the water tower. It
will not come from the general fund.
The budget for this project was $60,000. The low bid
came in at $41,655 and an addition $9,500 for the logo.
Supervisor McCririe noted that the 300-foot notice
was sent out and he did not receive any negative letters or phone calls.
He also noted that there were no members in the audience to oppose this
project. He has been approached by many residents to have something like
this done.
Commissioner Tengel does not see the benefit to the
community or a return on their investment.
Commissioner Brown wants to ensure that it is the
water and sewer fees from Oak Pointe only that will be paying for this,
and not other Genoa Township residents.
Commissioner Mortensen stated this water tower
services other water systems, so non Oak Pointe residents will be paying
for this logo. Supervisor McCririe stated that is true.
Commissioner Mortensen feels a legal review of this
request is required for two reasons:
1. Funds are being used by fees paid by residents other than those in
Oak Pointe.
2. The general implications of us putting a logo on the water tower.
Commissioner Brown noted that the 300 people that
were sent notices will not see the logo from their homes. Supervisor
McCririe stated this is true; however, the letters that were sent did
not specify on which side of the water tower the logo would be
displayed. The requirement is 300 feet and they met that.
The call to the public was made at 7:57 p.m. with no
response.
Chairman Pobuda does not agree with this. He noted
that the Cleary logo on the water tower was done many years ago. The
water tower at Cracker Barrel has had many requests which have been
denied and the motion specifically states that no logos will be allowed.
Permitting this logo could open up these discussions again.
He noted that the residents of Pine Creek were
opposed to have a water tower, with a possible logo, erected near their
homes. T City of Brighton and the Township agreed to change this water
storage tank to an underground tank surrounding by a building appearing
to be a house. There will also be no signs on this property identifying
what it is.
He stated that 12 representatives from each of the
associations in Oak Pointe met and discussed this issue and there was
only one person who was interested in this logo being put on the tower.
He added that Oak Pointe was built to be a private
community. It appears that it is the country club who is pushing for
this logo on the tower for advertisement purposes. The residents have
not shown an interest in this. He noted that the since the painting came
under budget and if the logo is not put on the tower, rates could be
refunded and/or the rates could be decreased for people using this water
system. This is not appropriate for this area and he will be voting
against it.
Commissioner Mortensen noted that the association is
not the requesting body; it is the Township. Supervisor McCririe stated
that the association has no standing on this issue. Their purpose is to
maintain the condominiums, homes, and neighborhood. He added that the
Township does not ask the association for approval to other water and
sewer infrastructure improvements and maintenance.
Moved by Mortensen, seconded by Snyder, to
recommend to the Township Board approval of a Special Use permit to
allow the painting of the Oak Pointe logo as presented this evening on
the water tower at Oak Pointe with the following conditions:
1. The Township attorney will be asked to review
whether it is appropriate to make this payment of approximately $10,000
for the painting and similar maintenance costs of the logo out of funds
generated from water uses both within and outside of Oak Pointe.
2. The Township attorney will be asked to comment on
the general implications of granting a logo on the water tower while
refusing others as well as other general implications that the Township
Planning Commission and Board shall be aware of.
Commissioner Tengel asked for a discussion before a
vote was taken. He still questions why the Township is the petitioner.
He is not opposed to this logo, but feels the people who will benefit
from this logo should be the ones petitioner this request.
Mr. Purdy stated that Special Use permits need to be
applied for by the property owner, who in this case is Genoa Township.
Oak Pointe cannot petition for this because they do not own the tower.
Chairman Pobuda asked for a roll call vote. Tengel
– no; Brown – no; Mortensen – yes; Pobuda – no; Olson – yes; Snyder –
yes). The motion failed.
OPEN PUBLIC HEARING #3… Recommendation to
incorporate the comments made by the ZBA at their November 16, 2004
meeting regarding the amendments to the proposed zoning ordinance
amendments in Article 23
Mr. Purdy reviewed the changes proposed to Section 23
of the zoning ordinance by the ZBA. All Commissions agree that acting on
this item this evening is appropriate.
Moved by Mortensen, seconded by Brown, to
recommend approval of the changes to Article 23 regarding the ZBA
contained in Draft #5 dated November 17, 2004. The motion carried
unanimously.
Member Discussion
Ms. Kolakowski put together a presentation from their
trip to Niagara on the Lake in Ontario, Canada. She showed the site
plan, colored renderings of their vision as well as pictures of
residences that have been constructed in The Villages. This is the type
of development that the Township is hoping to create in the area located
between Grand River and Dorr Road.
Recommendation to incorporate the comments made by
the ZBA at their November 16, 2004 meeting regarding the amendments to
the proposed zoning ordinance amendments in Article 23
Moved by Mortensen, seconded by Snyder to approve
the minutes of November 8, 2004. The motion carried unanimously.
Ms. Kolakowski noted that the FTAG and Township
Rezoning requests went to the County Planning Commission and they
recommended denial of the MDR zoning and recommended approval of the
Township’s rezoning to five-acre parcels.
Ms. Kolakowski noted that the next Planning
Commission would not be until January of 2005. She wished everyone a
happy holiday season.
The meeting adjourned at 9:05 p.m.
Submitted by: Patty Thomas, Recording Secretary
Approved by: Barbara Figurski, Secretary
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