REGULAR MEETING AUGUST 25, 2005
PLANNING COMMISSION PAGE 1
MEMBERS PRESENT:
ABSENT: Commissioner
Jack Connelly,
ALSO PRESENT: Nick
Lomako, Township Planner; Timothy Brandt, Building
Official; Eight Audience Members;
Chairman Kulp called the meeting to order at 7:30 p.m.
LAND DIVISION APPEAL, BRUCK, 16-20-200-007 & 035
Chairman Kulp opened the Public Hearing at 7:31 p.m.
Mr. Al Bruck,
Mr. Dave Mamo,
The Commissioners, Mr. Lomako, Mr. Mamo and Mr. Bruck discussed the following at length: various ways to create a symmetrical parcel, moving division lines to match Mr. Mamo’s property, selling a portion of land to Mr. Mamo, the need for a 40’ wide road if the rear parcel were to be divided again.
Mr. Jim Renard,
Chairman Kulp closed the Public Hearing at 7:50 p.m.
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NEW BUSINESS
LAND DIVISION APPEAL, BRUCK, 16-20-200-007 & -035
Commissioner Mazzara stated that the easement to Parcel “C” was intended as a driveway rather than a road. He said he was not in favor of making two conforming lots into three, with one of them nonconforming.
The Commissioners and Mr. Bruck discussed several alternatives to his division other than what has been applied for. After discussion Mr. Bruck determined he may be able to redesign the proposed division to meet the ordinance and requested that his land division appeal be withdrawn. Chairman Kulp accepted his withdrawal. No action taken.
S-05-5015,
Mr. Ray Leduc, RPL of Michigan, developer’s
representative, stated that
Mr. Nick Lomako, Township Planner, stated that his letter, dated August 11, 2005 addressed the review of the plan dated July 25, 2005. He noted outstanding issues as indicated in his letter. Mr. Lomako and Mr. Leduc discussed those issues as follows:
Page 2, Item #3 regarding the legal description on Sheet C2.0 shows the site consists of Parcel “A” (3.362 acres) and a 1.262-acre blanket easement area. A Quit Claim Deed references the use of this area for judging zoning compliance, but suggests the Planning Commission confirm this. Mr. Leduc responded by explaining Michigan Department of Environmental Quality (MDEQ) requirements for wellhead protection necessitated an ingress/egress easement be created off Napa Valley Drive that would be deeded to the senior housing development should the parcel no longer be used to occupy the well house.
Page 2, Item #4 regarding setback notes on Sheet C4.0 should be expanded to reflect previous interpretations by the Planning Commission, not “waivers” as the plan indicates. Mr. Lomako asked Mr. Leduc to explain the setback notes. Mr. Leduc explained that the setback between the villas and the senior development was computed by whatever the shadow effect is between the buildings, which
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PLANNING COMMISSION PAGE 3
does meet the setback ordinance. Mr. Lomako noted that the setback distance of the other buildings was calculated incrementally based upon the length of the building wing and all setbacks are in compliance with the ordinance.
Page 3, Item #5 regarding confirmation by local public safety officials that the proposed design allows complete and convenient access to all points on the property. Mr. Leduc responded that the Fire Chief reviewed the plan and it reflects his request to increase the size of the access road.
Page 3, Item #8 asks the applicant to confirm the method of trash disposal. Mr. Leduc confirmed that trash chutes on each floor would direct waste to a central area in the basement and an interior dumpster would be accessed by a truck using large doors on the lowest level, with no exterior dumpsters.
PAGE 3, Item #9 asks the
applicant to provide sample boards of construction materials to confirm the
acceptability of quality and colors with the intent to create construction
compatibility along
Page 3, Item 10 asks the applicant to indicate any lighting for the monument sign noted on Sheet C4.0, will comply with the ordinance. Mr. Leduc responded that if lighting were added to the monument sign it would conform the ordinance.
Page 4, Item #13 regarding the Victorian luminary fixtures, asks for a note on Sheet E1.0 indicating compliance with Section 19-105, (b), (4) requirements. Mr. Leduc responded that it has been a challenge to meet both the Township and MISHDA’S requirements. After discussion, the Commissioners and Mr. Leduc determined that the parking lot lighting would be turned off at 10:00 p.m. until dawn daily.
Page 4, Item #15 asks the Planning Commission to confirm the appropriateness of one parking space per dwelling unit. Mr. Leduc stated that MISHDA requires one parking space per unit, which totals 131 spaces. The Commissioners and Mr. Leduc discussed at length parking issues, MISHDA requirements, and possibly setting aside an area for future parking if less than one space per unit were used. It was determined to confirm the one space per unit count.
Commissioner Vandenbussche
expressed concern for the appearance of the project from
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PLANNING COMMISSION PAGE 4
materials
from being planted close to
Commissioner Mazzara commented on the following: the applicant has agreed to use the exterior finish style presented at this meeting and provide written documentation of the type to the Building Official; the applicant has agreed to the exterior lighting as presented, with the provision that the parking lot lighting be turned off at 10:00 p.m. until dawn each day; the applicant has agreed to accept the standard of one parking space per unit as required by MISHDA; the intent of the landscaping is to shield the upper portion of the buildings from Milford Road and the applicant has agreed to adjust the landscaping if necessary to that end.
Commissioner Mazzara moved, Commissioner Koshkarian seconded
to recommend approval of S-05-5015,
1. The exterior finish presented by the applicant be identified by manufacturer, style and color and submitted to the Building Official.
2.
The applicant has agreed to turn off exterior
parking lot lighting from 10:00 p.m. until dawn daily.
3.
The Planning Commission has agreed to have one
parking space per unit as mandated by MISHDA.
4.
The applicant has agreed to increase the
landscaping along
Vote unanimously carried.
AMENDMENT TO S-02-5007, RIDGE VALLEY TOWN HOMES – ELEVATIONS, 16-03-408-001 THROUGH -056
Mr. Lorne Zalesin, Bruce Milford, LLC, explained that his firm mistakenly used the wrong construction plans for the town homes, which resulted in a discrepancy between the as built building elevations and what the approved site plan indicated. He asked for approval of the elevations as constructed.
Mr. Lomako commented that the applicant’s request was for a recommendation of approval for the as built elevations.
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The Commissioners expressed great concern that the approved site plan was not followed. They felt they could not allow a precedent to be set by recommending approval.
The Commissioners and Mr. Zalesin reviewed and discussed the design differences based on a rendering of the as built town homes. Commissioner Mazzara felt the as built design did not blend well with the rest of the development.
Mr. Zalesin apologized for the mistake and explained that his firm would have to abandon the project if they did not receive approval, due to the expense of tearing down the current structures and rebuilding with the approved elevations. He acknowledged that the problem is entirely theirs and asked the Commission to work out a compromise with them.
Mr. Brandt noted that he discovered the problem in March, 2005 and made the applicant aware of the situation at that time.
Mr. Zalesin stated that he has two more town home buildings (16 units) to construct and asked the Commission if they would want him to construct them per the site plan or to present a proposal for all four buildings that blend together as a whole. Commissioner Mazzara responded that the design of the project needs to fit with the entire Ridge Valley Development. Mr. Zalesin said that he would return with a proposal that considered the design of the entire development and asked the Commission to postpone.
S-03-5017, AMENDMENT TO APPROVED (MARCH 17, 2004), WILLOWAY DAY CAMP, 16-35-401-008
Chairman Kulp announced that the applicant has request not to make a presentation at this meeting. No action taken.
REVIEW OF NOISE ORDINANCE SECTION 19-96
Mr. Brandt stated that he and Mr. Rick Kolano, Kolano, Saha Engineering, Inc., discussed specific problems with noise within the Township and determined that construction hours of operation, and backup beeper noise would best be addressed by ordinance. Mr. Brandt said it was recommended that a third party be hired to settle any noise disputes in regards to decibel levels.
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The Commissioners and Mr. Brandt discussed specifying 7:00 a.m. until 8:00 p.m. as hours of operation for construction for contractors and requiring a proximity backup beeper device for vehicles in the industrial zoned district. They also discussed noise generated by off road vehicles and their use on smaller parcels and subdivisions.
Mr. Lomako noted that this type of ordinance revision is not in his area of expertise and offered to have Mr. Kolano work on the revision.
Commissioner Mazzara moved, Mr. Koshkarian seconded to have Mr. Lomako
direct Mr. Kolano to draft a noise ordinance
revision. Vote unanimously
carried.
REVIEW OF
Mr. Lomako
stated that he would prepare language for revising the ordinance for the
Commission to review at next month’s meeting.
No action taken.
Several corrections were made to the minutes.
Commissioner Koshkarian moved, Commissioner
Muir seconded to approve the minutes of July 28, 2005 as amended. Vote unanimously carried.
Mr. Lomako gave a progress report
on the Garrett/Robertson development and said they would be presenting a plan,
as a courtesy, based in part on the Planning Commission’s comments that were
made at the last presentation held on March 31, 2005. Mr. Lomako
announced that Wade Trim received an award from the Michigan Association of
Planners for a Master Plan done in
Commissioner Mazzara discussed a situation involving a business within the Township that received a violation for unlicensed vehicles. He said the case went to court and the Judge told the defendant that he could store as many vehicles as he had parking spaces for and to put plates on the vehicles being stored. The Commissioners, Mr. Brandt and Mr. Lomako discussed the case at length and Mr. Brandt informed them that the judge would not allow any testimony from the Township. He said the judge’s decision, gives the false impression rezoned the M-1 Zoning District to allow outdoor storage. Mr. Lomako advised the Township to appeal the decision. Commissioner Mazzara asked Mr. Lomako to write a letter to Mr. Donald Green, Township Supervisor,
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regarding the matter. Mr. Lomako agreed.
Commissioner Mazzara explained several site plan violations occurring at Willoway Day Camp and expressed concern for the electrical issues he viewed at the site.
Commissioner Lemke explained that the Township held an evening seminar for the Township Zoning Board of Appeals (ZBA) and the Village of Wolverine Lake ZBA regarding protocol and decision making guidelines. He said the information also covered rezoning issues and litigations, which may be helpful for the Planning Commission and requested that they receive a copy of the material.
There was no response from the public.
Commissioner Lemke moved, Commissioner Mueller seconded to adjourn the meeting at
10:20 p.m. Vote unanimously
carried.
Charter
Gordon Muir,
Secretary