MEMBERS
PRESENT: Vice-Chairman, Richard Lemke; Commissioners: Craig Johnston,
Vaughn Koshkarian, William Mazzara, Ric Mueller, Gordon Muir, Keith
Vandenbussche
ABSENT: Jack
Connelly,
ALSO
PRESENT: Nick Lomako, Township Planner; Timothy Brandt, Building
Official;
Vice-chairman
Lemke called the meeting to order at 7:30 p.m. Roll call was taken and a quorum
was present.
PUBLIC HEARING
LAND
DIVISION APPEAL, CHOATE CUSTOM HOMES, 16-02-476-015,012,004
Vice-chairman
Lemke opened the public hearing at 7:31 p.m.
Vice-chairman
Lemke asked the applicant to present an overview of his request and explained
that the public would then have opportunity to comment.
Mr.
John Choate, 3002 Tall Timbers, Milford, owner of the 6.81 acre parcel
(16-02-476-015) flag pole shaped lot on the west side of Burns Road. He also
holds purchase agreements for the 10.26 acre (16-02-476-004) rectangular in
shape and the existing 7 acre (16-02-476-012) land locked parcel; the only of
the three with an existing home on it. The proposal is to divide 5.4 acres off
the 7 acre parcel to be combined with the other two parcels thereby leaving the
existing home on 1.6 acres under the current ownership. The resulting parcel
after combination would be 22.5 acres, for which a site condominium development
would ultimately be proposed on the R-1-S zoned property.
Vice-chairman
Lemke asked for public comment.
Mr.
Roger Ryskamp,
Mr.
Peter Leon, 1795 Stonecrest, stated his concern over this historically open
area and he felt that if building on it were to occur it should be in a way
similar to other surrounding properties. Development would cause added pressure
on
Ms.
Joan Cox, 1647 E. Commerce, shared her concern over the low spot in the back of
her property and how it could get lower if the property is developed and how
that would affect her land.
Mr.
Carl Gentz, 1690 Washburn, stated his property backs up the existing 6.81 acre
piece. He said he had seen other 10 acre pieces split up into 1.5 acre parcels
along
Mr.
Bob McFarland, 823 Burns, asked what the difference was between a site condominium
subdivision and a subdivision. Vice-chairman Lemke explained that it is a type
of structure, a program of legal requirements for establishment of a subdivision,
which can be very diverse in appearance depending on how each development is
organized by developer. The homes are individual structures in a site
condominium.
Mr.
Larry Begin, 1800 Stonecrest, said approval of this request would change the
character of the neighborhood, which he moved into. The character is presented
by zoning as it exists. Traffic increase would affect quality of life, disturb
horse trails, and have an adverse effect on road conditions. If approved, what
assurances would there be that the road condition would stay the same, if not
better than currently. Opposed to change in character of neighborhood by way of
a variance.
Mr.
Chuck Schueneman, 772 Manor, explained he enjoyed the small town feel with
rural community atmosphere, which exists in this area. Opposed to request and
felt further development in area should be prevented by denial of the variance.
Mrs.
Laurie Ryskamp, 755 Burns, expressed her opposition to variance that allows
development to do minimum size when everyone else must be at 1.5 acres. The
area is beautiful and she would like it to stay that way.
Mr.
Mark Wilson, 1095 Burns, moved to his home four years ago for large acreage
lots. He understands building will occur; density is the issue he is opposed
to. Against what land development in area could be like.
Vice-chairman
Lemke said the issue this evening is not the number of ultimate sites that
would be addressed during site plan approval process. Issue is only irregular
lot size/shape with combination as proposed.
Commissioner
Mazzara explained the issue. Site condominium, lot averaging, or cluster
development would come before the Planning Commission for review. This evening
only possible parent parcel is question. Development would have to conform to
all ordinances.
Mr.
Larry Begin, 1800 Stonecrest, felt that allowing this variance to overall shape
is one step in the direction for the developer. To permit reshaping of parcel,
even if not developed, still opens door for other property owners in future. He
would like to see this stopped here and not go further with approval of request
this evening.
Vice-chairman
Lemke asked for further public comment. There was no additional response from
the public.
Vice
-chairman Lemke closed the public hearing at 7:55 p.m.
NEW BUSINESS
LAND
DIVISION APPEAL, CHOATE CUSTOM HOMES, 16-02-476-015,012,004
Vice-chairman
Lemke asked Mr. Choate why the Commission should approve his request. Mr.
Choate explained the best use of property, as a whole, would be for the parcels
to be developed together. Much of the total property does not perk to support a
conventional system and would require engineered field by the Oakland County
Health Department, so combination of parcels would be most desirable.
Vice-chairman
Lemke asked for Commissioner questions.
Consultant
Lomako asked for clarification of division/combination request. Mr. Brandt explained that in totality parcels
are irregular in shape and the Land Division Board denied the request.
Consultant
Lomako asked if Mr. Choate considered assembling the entire 7 acre parcel and
including existing house in future development. Mr. Choate explained it was
considered and determined not to be most desirable due to fact that existing
home faces south to
The
Commissioners discussed how the 7 acre non-conforming parcel with no road
frontage was created. It seemed that whatever the reason it was over twenty
years ago. The northern 6.81 acre parcel (the flagpole shape) is no longer
allowed to avoid long driveways.
Consultant
Lomako pointed out that the northern 6.81 acre parcel and the southern 7 acre
parcel are existing non-conforming parcels, and by massing the three properties
together would reduce the non-conformity, with attempt at future development.
Commissioner
Mazzara asked if Mr. Choate would return in the future asking for future
variances. Mr. Choate said he would not return for additional variance
requests.
Mr.
Choate said with approval of the variance two non-conforming parcels would be
one. Vice-chairman Lemke asked how creation of a keyhole lot, which does not
improve site for existing home, what reason is there for approval? Mr. Choate
said it would allow for the best use of the land with development of a
community through subdivision.
Consultant
Lomako explained should land be assembled, applicant would have to conform
future development to ordinance requirements and return for site plan approval.
The
Commissioners asked Mr. Choate to consider not dividing the 7 acre parcel. Mr.
Choate stated he did not know if the property owner desired their home to be
included. The Commissioners could not see a benefit to include part of the
parcel, as it would not allow enough acreage to add many additional parcels or
reduce the non-conformity.
Mr.
Mazzara moved, Mr. Muir seconded, to recommend denial of Land Division Appeal,
Choate Custom Homes, 16-02-476-015, 012, 004, based on the fact that request
would further develop more non-conformity within the Township would result. No
practical reason why property as it exists today cannot be developed in
conformance with existing ordinance.
Vote unanimously carried.
S-05-5009,
EAST 20 ENTERPRISE/SCHUPAN & SONS, BRIVAR, 16-36-451-018
Mr.
Steve Varilone, representative from Brivar Construction, 7258 Kensington Rd.,
Brighton, provided an overview of the proposed construction of a 120,000 sq.
ft. facility which would consist of general office, warehouse/distribution, and
manufacturing space for the following three related companies: Schupan &
Sons recycler of return beverage containers; TOMRA bottle depository equipment
manufacture, would use this site for sales and distribution of their product;
UBCR, jointly owned by afore mentioned companies, a trucking concern which
would deliver beverage containers and then remove processed product usually
within a 48 hour period. Estimated 124 trips per 24 hour period. The facility
that would be located on a 44.74 acre parcel zoned M-2 in the southern corner
of the Township. The proposed building would be constructed on the northerly
portion of the parcel accessed by a private road running north from Pontiac
Trail. The site has significant topographical slope with a 40 ft. drop from the
southeast to the northwest.
Mr.
Varilone informed the Commission the Township Board had granted an Industrial
Facilities Tax Abatement for the project.
Consultant
Lomako explained the original review addressed in letter dated May 10, 2005 (on
file in the Township Office) and the revised plan reviewed in the June 16, 2005
letter (on file in the Township Office) plans presented this evening addressed
all noted concerns.
Commissioner
Vandenbusshe inquired on fire compliance. Mr. Varilone said the site would have
a common detention basin used for fire retention if water system is not
available from the Township for construction. Commissioner Mazzara asked for an
overview of the project timeline. Mr. Varilone explained the goal would be for
completion in the summer of 2006. The water system and sanitary sewer tie-in
would be a best-case scenario but, if these are not available, then a well
would be used and detention area would become retention pond.
Commissioner
Mazzara requested an explanation of the traffic impact. Mr. Varilone explained
that project would only incrementally increase traffic in the area. Vehicle
entrances and exit would be split east bound and west bound on Pontiac Trail.
Estimated 2800 total trips for all vehicular traffic per day. Commissioner
Mazzara and Mr. David Healy, East 20 Enterprises,
The
Commissioners and Consultant Lomako discussed the south face of the building
and ordinance requirement of Section 19-66 (appearance of building elevation)
that all sides visible from public right of way should be of decorative
material. It was determined that south face of building, visible from private
road, should be improved for compliant with ordinance. Mr. Varilone asked for
conditional approval to allow project to progress. The Commissioners agreed and
instructed Consultant Lomako to administratively review for architectural
material compliance.
Commissioner
Mazzara questioned the set back distance for trailer storage. Consultant Lomako
explained the minimum distance from property line was 26 ft. and plan showed
between 26 – 28 ft. Applicant agreed to clearly identify the set back line on
plan and clarified that there would be no other outside storage in addition to
what is noted on plan.
Mr. Mazzara moved, Mr. Koshkarian seconded, to recommend approval of S-05-5009, East 20 Enterprise/Schupan & Sons, BRIVAR, 16-36-451-018 based on the following provisions being met prior to appearance before Township Board:
1.
Applicant to
indicate on drawing set how traffic would be handled leaving the facility day
and night. Following comment suggested by Planning Consultant Lomako, “Traffic
to be generated from the site use and activities will be directed in a
preferred easterly direction by signage, lease holder conditions, and corporate
policy. Additionally it is expected about 50% of truck trips would occur
between 6 pm and 6 am.”
2.
Exterior
elevation in view of private road is enhanced to comply through working with
Planning Consultant to meet ordinance requirement.
3.
No other
outside storage other than trailers noted on plan.
4.
Applicant
clarification of 26 ft. trailer storage setback distance on plan.
5.
“Knoxs box”
(key safe) provided.
Vote
unanimously carried.
S-05-5008,
HIDDEN HILLS SITE CONDOMINIUM/ RASHID, 16-27-100-032
Commissioner
Mueller noted that Mr. Rashid was his neighbor, he did not feel this warranted
his abstaining from this item due to the fact it would not affect his decision.
Mr.
Bill Donnan, Arpee/Donnan, Inc.,
Consultant
Lomako reviewed the following outstanding items from the Wade-Trim review
letter dated June 16, 2005:
§
By-pass lane
opposite entrance to subdivision had not been provided. Applicant presented
RCOC approach granted as presented. Ordinance requires passing lane upon
availability of right-of-way. Commissioners must determine feasibility of
installation of by-pass lane.
§
Section
16-141, (b) addresses sidewalk installation. In the past the Commission has not
required sidewalks in low density projects and suggested they not be installed
in this case.
§
Applicant
asked for approval of Commission to allow existing vegetation along
Chief Waligora
stated cul-de-sac island is prohibited. Mr. Donnan said they would remove the
island and cul-de-sac would be completely paved.
Building
Administrator Brandt explained the applicant had received a variance from the
Road Board of Appeals for the length of the road.
Vice-chairman
Lemke commented it was nice to see a development with sizable lots and asked
what the expected square footage of the homes. Mr. Rashid said they are
anticipating an average of 4,000 sq. ft. per home.
Commissioners
discussed acceleration/deceleration and by-pass lane requirement and waved
installation based on the following:
§
Buno is not a
high traffic gravel road.
§
Speed limit is
25 mph.
§
The limited
number of home sites resulting in minimal traffic impact.
Commissioners
agreed that sidewalks should not be required in this development.
Commissioner
Mazzara felt that Township Legal Counsel should approve Master Deed and By-laws
language prior to placement on Township Board agenda.
Mr. Mazzara moved, Mr. Muir seconded, to recommend approval of S-05-5008, Hidden Hills Site Condominium/Rashid, 16-27-100-032 based on the following provisions:
1.
Cul-de-sac
island removed from plan.
2.
Comments from
Township Attorney letter dated 6-14-05 resolved by appearance at Township
Board.
3.
Waver of
required Acceleration/deceleration and by-pass lane due to limited number of
sites within development, and 25 mph speed limit on
4.
Applicant has
agreed to and understands that landscape plan submitted with existing
vegetation is now part of site plan and is to be maintained in accordance with
site maintenance agreement.
Vote
unanimously carried.
MASTER
LAND USE PLAN REVIEW
Vice-chairman
Lemke explained need to reaffirm current Master Land Use Plan every 5 years,
for compliance with Township Planning Act.
The
Commissioners received an update from Consultant Lomako on the Plan-to-Plan
effort funded by the Township Board to outline a review process of the Master
Land Use Plan, along with the
Consultant
Lomako explained that pursuant to Section 9 of the Planning Act the five year
review requirement was established to force Planning Commissions to look at
their Master Plan on a regular basis. The Commission needs to determine if the
current plan is still appropriate for today.
Mr.
Mazzara moved, Mr. Koshkarian seconded, on June 30, 2005, pursuant to the
Township Planning Act 168 of 1959 Section 9 subsection 2, the
REVIEW
OF
Consultant
Lomako summarized the Consulting Engineers letter, dated May 26, 2005 (on file
in Township Office) which recommended that the recently amended Private Road
Ordinance maximum length of 600 ft. be extended, due to the rural nature of the
Township and felt that a 3,000 ft. road would be more reasonable in that it
would provide access to the middle of a square mile. Consultant Lomako provided
the Commissioners with information where the number of housing units dictated
road length; it provided access and classification of street traffic with a
maximum cap. He requested permission to speak with Consulting Engineer Booth.
Commissioner
Mazzara was under the impression that the 600 ft. length came up in relation to
the
The
Commissioners and Consultant Lomako discussed what was deemed reasonable amount
of residential traffic and safe ingress and egress for access. Consultant
Lomako was directed to work on language for an amendment to the Ordinance.
Mr.
Koshkarian moved, Mr. Mazzara seconded to direct Planning Consultant Lomako to
work with Township Consulting Engineer and return with language regarding a
longer road determine by length and traffic.
Vote unanimously carried.
REVIEW
OF NOISE ORDINANCE SECTION 19-96
Commissioner
Mazzara said the Township Board requested review of the Noise Ordinance and the
enforceability and practicality.
The
Commissioners and Consultant Lomako discussed where time restrictions should be
placed on construction or manufacturing operations and how far regulations
should go. The consensus was that residential lawn mowing should not be
regulated.
Consultant
Lomako offered to provide the Commissioners with a copy of the draft for a
Township in
Mr. Muir moved, Mr. Johnston
seconded, to have Consultant Lomako review Noise Ordinance Section 19-96 and
return with suggestions at next meeting. Vote unanimously carried.
S-05-5006,
Ms.
Arica Raab,
Building
Administrator Brandt informed the Commission that he had meet with the property
owner at the site to walk the property and discuss maintenance issues. He
stated that significant trees along both sides of
Mr.
Koshkarian moved, Mr. Muir seconded, to recommend approval of S-05-5006, Zam
Industrial Park, Stuart Leve, based on the issues from the May 26, 2005 meeting
being met and rectified. Vote
unanimously carried.
Mr.
Leve thanked the Commission for their time and patience.
PROPOSED
ZONING ORDINANCE TEXT AMENDMENT FOR CHILD DAY CARE CENTER AS USE AFTER SPECIAL
APPROVAL IN THE C-1, LOCAL BUSINESS DISTRICT
The
Commissioners discussed what they felt to be a reasonable number of children
for a day care in the C-1 district. They reviewed report from the Child Care
Council for surrounding community’s facilities; the average seemed to be 150
children. Commissioner Mazzara said from his professional experience 125
children seems to be a break-even point.
Consultant
Lomako informed the Commission that other community’s ordinances do not have
limitation for number of children in commercial and office districts.
The
Commissioners determined that 150 children would be an acceptable number of
children for the C-1 district for sites off of paved roads and being a Use
After Special Approval within that district. The residential requirements would
not be changed.
Consultant
Lomako read the written request of Ms. Julie Drake who expressed her opinion
that the existing 75 ft. side yard setback was too excessive when C-1 property
bordered other non-residentially zoned parcels. Consultant Lomako requested the
Commission consider this request and include language that, when bordering
nonresidential property, the standard building setback distance be required.
The Commission would have the ability to condition approval.
Mr.
Mazzara moved, Mr. Koshkarian seconded, to request Consultant Lomako draft language
for Public Hearing of Child Day Care Center as a Use after special approval in
C-1, Local Business District.
Vote unanimously carried.
DISCUSSION
OF
Consultant
Lomako summarized the findings of the April 8, 2005 Wade-Trim letter (on file
in the Township Office) and reviewed of the history and findings from previous
site plans for DTE Duck Lake Road Facility.
Building
Administrator Brandt said the Township had contacted Vector to have them put in
the landscape shown on the plan, which was never installed. Supervisor Green
contacted DTE and the pipe and wood have been removed from the site.
Commissioner
Mazzara said a boat is now parked at the site.
APPROVAL OF MINUTES, MAY 26, 2005
(REGULAR MEETING)
Mr.
Muir moved, Mr. Koshkarian seconded, to approve the May 26, 2005, minutes. Vote unanimously
carried.
PLANNING CONSULTANT'S REMARKS
Consultant
Lomako informed the Commission that he was contacted by the new attorney
representing Willoway Day Camp and expected a meeting with in the next couple
of weeks.
PLANNING COMMISSIONERS' REMARKS
Commissioner
Vandenbusshe inquired on the status of the proposed Senior Housing apartment
building. Building Official Brandt explained the developer had experienced
difficulty in obtaining MISHDA funding but that resent communications indicated
that they were planning on moving forward. The Commission could expect to see
the project in for review in the next few months.
Commissioner
Koshkarian asked if it was a developer’s legal right to create a site
condominium development. Consultant Lomako responded when ordinance
requirements are meet a site condominium must be approved.
Commissioner
Muir asked for a building update on the town homes in the
Commissioner
Muir questioned why Mr. Shew had not returned to the Commission with revised
plan for the
CALL TO THE PUBLIC
Vice-chairman
Lemke asked for public comment.
There
was no response from the public.
The
meeting adjourned at 10:40 p.m.
Gordon Muir
Secretary