MEMBERS
PRESENT: Vice-Chairman, Richard Lemke; Commissioners: Craig Johnston,
Vaughn Koshkarian, Lisa Marckini, William Mazzara, Ric Mueller, Gordon Muir,
Keith Vandenbussche
ABSENT: David
Kulp
ALSO
PRESENT: Nick Lomako, Township Planner; Timothy Brandt, Building
Official; Larry Waligora, Fire Chief; Sandi Marvar, Planning/Recording
Secretary; 13 Members of the Public
Vice-chairman
Lemke called the meeting to order at 7:34 p.m. Roll call was taken and a quorum
was present.
CALL TO THE PUBLIC NON-AGENDA
ITEMS
Vice-chairman
Lemke asked for Public Comment on non-agenda items.
Mr.
John Choate, 3002 Tall Timbers, asked the Commission for their interpretation
on the cluster housing Ordinance for clarification of how it would apply to the
layout of the proposed 22.5 acre development for property located on the west
side of Burns Road north of Commerce Road. He also provided a brief history of
the subject property and presented a conceptual layout for development to the
Commission. Consultant Lomako further explained that he and Building Official
Brandt had met with Mr. Choate and at these meetings the following questions
were raise in regard to the Cluster Ordinance 19-104:
·
What the minimum
lot requirement would be.
·
How to
calculate average size, what figured would be used to do this.
·
Separation
distance interpretation between clusters.
Vice-chairman
Lemke asked Mr. Choate to wait until the end of the meeting when there would be
time for the Commissioners to discuss the intent and interpretation of the
Cluster Housing Ordinance.
Mr.
Jim Rashid inquired on the Township’s Business Licensing Ordinance and the fees
which would be assessed to individuals running businesses from their homes.
Vice-chairman Lemke stated this ordinance was not a matter discussed or acted
on by the Planning Commission. Commissioner Mazzara said this Ordinance was
under the jurisdiction of the Township Board and the Township Board meeting
would be held Wednesday, December 21, 2005, at 7:30 p.m. He invited Mr. Rashid
to attend and address his questions to the Township Board.
There
was no further response from the public.
PUBLIC HEARING
PRIVATE
ROAD ORDINANCE AMENDMENT, CHAPTER 15
Vice-chairman
Lemke opened the public hearing at 7:45 p.m.
Vice-chairman
Lemke stated notification was published in the Milford Times on November 24th
and December 1st editions. The amendments are intended to alter
private road length. He then read proposed changes to Section 15-41 and Section
15-44 (4).
Vice-chairman
Lemke asked for public comment.
There
was no response from the public present.
Vice-chairman
Lemke closed the public hearing at 7:47 p.m.
R-05-5024,
RE-ZONING REQUEST NEXTEL CELLULAR TOWER/HALEY LAW FIRM, FOR 16-36-351-014 AND
16-36-376-011 FROM M-2 TO WCF OVERLAY ZONE
Vice-chairman
Lemke opened the public hearing at 7:48 p.m.
Mr.
Wally Haley, on behalf of Nextel, explained that Township Ordinance requires a
cellular tower to be located in a Wireless Communication Facility (WCF) overlay
zone. The request is for a 100 ft. tall monopole cell tower on the Pacitto
Construction site in the M-2, General Industrial zoning district.
There
was no additional comment from the public.
Vice-chairman
Lemke closed the public hearing at 7:49 p.m.
NEW BUSINESS
R-05-5024,
RE-ZONING REQUEST NEXTEL CELLULAR TOWER/HALEY LAW FIRM, FOR 16-36-351-014 AND
16-36-376-011 FROM M-2 TO WCF OVERLAY ZONE
Consultant
Lomako explained the process required by Ordinance that new wireless facilities
must be processed as a use after special approval (public hearing held by
Township Board) and re-zoning of the proposed area to a WCF overlay zone along
with site plan approval, which follow the normal procedure of recommendation by
the Planning Commission to the Township Board for approval. Consultant Lomako
then reviewed the following items from the Wade-Trim letter dated November 8,
2005 (on file in the Township Office) with the applicant:
·
The applicant
supplied a letter from the property owner expressing their permission for the
proposed project.
·
Certification
was received from a licensed engineer confirming the facility will comply with
applicable federal and state standards relative to radio frequency emissions.
·
Sheet S1 was
amended to included setback dimensions to verify compliance with ordinance
requirements.
·
Access to the
support tower and equipment will be paved as required by ordinance.
·
Site
Maintenance Agreement was submitted.
·
Letter from
Nextel Communications stated Haley Law Firm, PLC has permission to act as their
agent.
·
Barbed wire
fencing will not be used and was removed from plan for ordinance compliance.
·
Engineer
certification was provided for the manner in which tower would fall and a
description of the type and amount of security to be posted was supplied. Mr.
Haley said the removal agreement supplied could be recorded or they would be
willing to put up a removal bond with the Township, which ever is preferred.
·
Mr. Haley
explained that they are confident that a new tower is required and existing
towers are not appropriate. Nextel is located on 3 of the 4 existing towers and
in this heavy use area, coverage had become an issue. A new tower is need in
this location to fill in the existing gap in coverage. To co-locate on the existing
Spectra Site tower to the west would not adequately cover the need to the east.
The
Commissioners and Mr. Haley discussed the reasons for high demand, capacity of
towers, and the process Nextel used to arrive on proposed location and why/how co-location
on the existing tower would not fulfill the need. Mr. Haley also explained that
the proposed tower is only 100 ft in height, short by cellular tower standards
and how it was designed to meet the need in this specific location.
Commissioner
Muir asked how close the cellular phone community was to satellite transmission.
Mr. Haley explained that current estimation is not closer than 20 years, due to
extremely high power of transmission. Direct phone to satellite systems require
advanced technology which is not currently available.
Commissioner
Mazzara read the fire department request (10-26-05) for 60 ft. turn around and
installation of a “Knox” box key system to access gates. Mr. Haley said a T-turnaround
would be added to the plan for compliance with Ordinance and a “Knox” box,
which would provide for emergency access to both gates on site, would be
installed and noted on the plan.
Commissioner
Mazzara requested a motion sensor be added to the wall mounted light and noted
on sheet A-2. Mr. Haley agreed to that addition.
Commissioner
Johnston asked for an explanation of pole construction for falling. Mr. Haley
explained that the pole is engineered with stress points to crimp on itself in
a fall.
Commissioner
Mazzara asked if the color of the tower was
Commissioner
Mazzara moved, Commissioner Koshkarian seconded, to recommend approval of
R-05-5024, Re-Zoning Request Nextel Cellular Tower/Haley Law Firm,
16-36-351-014 and 16-36-376-011 from M-2 to WCF Overlay Zone Barers on the fact
that site which has been chosen is a preferred site for these types of towers
to be located. Applicant had
investigated co-location on existing towers. Approval is specific to this
request. Vote unanimously carried.
S-05-5017,
NEXTEL CELLUAR TOWER/HALEY LAW FIRM, 16-36-351-014 AND 16-36-376-011
Commissioner
Mazzara moved, Commissioner Muir seconded, to recommend to the Township Board
approval of S-05-5017, Nextel Cellular Tower/Haley Law Firm, 16-36-351-014 and
16-36-376-011 based on the following provisions:
1.
Applicant
agreed to installation of “Knox” box key system to grant full access to site whether
it be either two boxes or one common key for access to both gates.
2.
Applicant
agreed installation of T-turnaround to be constructed in compliance with Fire
department and Ordinance requirements.
3.
Wall mounted
light indicated on drawing would be controlled by motion detector, to ensure
that light is not on all the time and noted on drawing.
4.
Color
clarified by applicant to be
5.
All items from
Wade-Trim letter dated November 8, 2005, are included in packet and have been
addressed.
Vote
unanimously carried.
AMENDMENT
TO, S-05-5008, HIDDEN HILLS CONDOMINIUM (ADDITION OF SIGN & LIGHTING),
16-27-100-032
Mr.
Phil Rashid, Old Milford Farms, explained his request for the addition of
lighting and a sign to the previously approved entrance of the Hidden Hills
subdivision on
Consultant
Lomako stated he believed this constituted a minor addition to enhance overall
development.
Commissioner
Mazzara inquired if there were any other issues or non-conformities on this
site. Building Official Brandt stated the applicant is currently working on an
easement agreement with Consumers Power in regard to existing gas pipeline. Consumers
Power had communicated to the Township that they are not happy with the
entranceway structure being located on the easement. Correspondence supplied to
the commissioners is from Consumers Power. Mr. Rashid said there was an
easement agreement on the property and that Consumers Power now wants to
change/increase the easement area, which is in the process of being worked out.
Commissioner
Koshkarian moved, Commissioner Mazzara seconded, to recommend approval of
amendments to S-05-5008, Hidden Hills Condominium, 16-27-100-032 for addition
of sign and lighting as presented to the Planning Commission. Vote unanimously
carried.
S-05-5013,
DUMKA’S MAINTENANCE, 16-36-227-001 & 006
Mr.
Grant Ward,
Consultant
Lomako reviewed the following items from his October 31, 2005 Wade-Trim
correspondence with Mr. Ward:
·
Applicant
proposed maintaining existing trees (6 in. diameter or greater) and
supplemented by Forsythia and Lilac plantings for front landscaping. Mr. Ward
explained they are attempting to maintain the rural feel of the area and add
color and variation throughout the year in keeping with surrounding vegetation.
Consultant Lomako said the Commission must determine if proposed front
landscaping is acceptable.
·
The proposed
building is comprised of two components: the office portion would be brick and
the storage bricked along the running course and then sided. Mrs. Dumka
clarified they are proposing wood siding.
·
Proposed wall-pack
light indicated on plan to be 250 watt high pressure sodium fixtures. Mr. Ward
explained that low pressure sodium, required by Ordinance, is an older
technology and the proposed high pressure is a more appropriate and viable source
of light, with the same color and technology as required by the Township Ordinance.
He asked the Commission to consider this substitution.
·
The
Commissioners received a copy of the permit obtained from the RCOC for
landscaping in the County road right-of-way.
·
Site
Maintenance Agreement was included in packet.
Commissioner
Mazzara asked if the Department of Environmental Quality (DEQ) permit was for
two parcels or just one. Mr. Ward explained the permit is for installation of
the detention basin which will be located on both parcels.
Commissioner
Mazzara inquired if the applicant understood that the Site Maintenance
Agreement would require removal and replacement of any dead materials on the
site, as well as keeping the landscape groomed. Mr. Ward informed the Commission
that the applicant understood the requirements.
Commissioner
Mazzara agreed that the high sodium light fixture would meet the intention of
the Ordinance and suggested review of the lighting ordinance for amendments to
this requirement. He questioned why there was a wall mounted light at the rear
of the building, when wall mounted lights are only allowed in a loading zone by
Ordinance. Mr. Ward explained that the rear of the building is accessed through
the building by the overhead door. The outdoor area will be used for loading
and unloading equipment. Commissioner Johnston asked if the applicant proposed
a loading area at the rear of the building. Mr. Ward said they did and that the
light could be put on a timer to turn off by a set time each night.
Commissioner
Mazzara asked for the purpose of clarification whether or not the applicant would
have outside storage on site. Mr. Ward responded that there would be no outdoor
storage.
Commissioner
Mazzara questioned what type of material would be used for the building
elevation. Mr. Ward stated it would be brick and wood. Commissioner Mazzara read
Section 19-66 for the Ordinance requirements for finish materials. Some listed
were vinyl or aluminum; all materials are to have a 20 year finish. The
Commission concluded that a finish material with a 20 year finish should be
selected by the applicant and approved by Building Official Brandt.
Commissioner
Mazzara asked if the landscaping, which would be located in the road
right-of-way, had been approved by the RCOC. Mr. Ward explained they had
received a permit from the RCOC for installation of landscape material within
the road right-of-way and following Site Maintenance Agreement requirement: if
removed it would be replaced.
Commissioner
Mazzara moved, Commissioner Johnston seconded, to recommend approval of
S-05-5013, Dumka’s Maintenance, 16-36-227-001&006 with the following
provisions:
1.
Applicant has
agreed that the light at the rear loading dock to be on only while in use and,
to ensure turning off of light, a timer will be installed.
2.
Lap siding
will be changed from wood to Ordinance approved material similar to vinyl or
aluminum. Material will be approved by Building Official.
Vote unanimously carried.
S-99-5011,
AMENDMENT TO NAWROT/RAINBOW CONSTRUCTION, ADDITION OF OUTDOOR STORAGE,
16-36-351-005
Mr.
Dan Nawrot, Rainbow Midwest Development, explained amendment request to enclose
existing retention/detention pond and replace it with an underground “Stormtech
Storage System,” and add outdoor storage for that area.
Consultant
Lomako stated this amendment does not affect the original approval of the site
plan on August 29, 1999, detailed in the Wade-Trim correspondence dated November
15, 2005. Mr. Lomako also pointed out that the Commission received the detention/retention
maintenance agreement this evening. He recommended conditional approval subject
to Township engineering approval of proposed technique.
Commissioner
Mazzara read the Fire Department review dated October 26, 2005, which requested
installation of a “Knox” box key system and the addition of a dry barrel
hydrant connected to the below ground chamber of the detention system. Mr.
Narwot agreed to the Fire Department’s request.
Commissioner
Mazzara asked if there were any outstanding nonconformity at this site.
Building Official Brandt stated the applicant has not yet occupied the site.
Commissioner
Mazzara moved, Commissioner Muir seconded, to recommend approval of amendment
to S-99-5011, Nawrot/Rainbow Construction, Addition of Outdoor Storage and
enclosed retention area with the following provisions:
1.
Design of
retention system be reviewed and approved by the Township Engineers.
2.
The applicant
has agreed to installation of a “Knox” box key system and dry barrel hydrant
connected to the retention system.
Vote unanimously carried.
ELECTION
OF OFFICERS
Commissioner
Koshkarian moved, Commissioner Mazzara seconded, to retain existing officers in
their current positions. Vote unanimously carried.
ADOPTION
OF 2006 MEETING DATES
Commissioner
Koshkarian moved, Commissioner Mazzara seconded, to adopt 2006 meeting dates as
presented. Vote unanimously carried.
Vice-chairman
Lemke moved Private Road Ordinance Amendment, Chapter 15 agenda item from
Unfinished to New Business.
PRIVATE
ROAD ORDINANCE AMENDMENT, CHAPTER 15
Vice-chairman
Lemke asked for discussion.
Commissioner
Mazzara clarified that this amendment would not make existing roads
nonconforming because this is a lessoning of the requirement and not making the
Ordinance more restrictive. Consultant Lomako agreed.
Consultant
Lomako noted the drawing on measurement of cul-de-sac length would be included
in amendment.
Commissioner
Muir moved, Commissioner Mazzara seconded, to recommend approval of amendment
to Chapter
UNFINISHED BUSINESS
MASTER
LAND USE PLAN
Consultant
Lomako provided an update for the Commission of the outcome of his meeting with
Supervisor Green and Commissioner Mazzara to discuss critical issues which need
to be address in the Township Master Plan in the short term. Consultant Lomako
was directed by Supervisor Green to prepare amendments to address the items
identified as pressing issues, in need of immediate attention. He stated these
stop gap measure would be done in advance or concurrently with the
Village/Township joint planning effort.
Consultant
Lomako said he would be meeting with the Village Planning Commission next week
and felt following that meeting he could provide the Commission with more
accurate information on the Village’s time line in regarding the Plan to Plan
effort.
AMENDMENT
TO, S-03-5014, STONECREST LAND DEVELOPMENT,
Vice-chairman
Lemke asked for a motion to postpone
Commissioner
Mazzara moved, Commissioner Muir seconded, to postpone Amendment to, S-03-5014,
Commissioner
Vandenbussche questioned the light shining on the
APPROVAL OF MINUTES, OCTOBER 27,
2005 (REGULAR MEETING)
Commissioner
Mueller requested the wording, possible consideration be added in the
discussion with Willoway Day Camp in regard to discussion on possible
alternatives to the bypass lane requirement. The point was made to stress that at
that time the Commission considered alternatives.
Commissioner
Mueller moved, Commissioner Koshkarian seconded, to approve the October 27,
2005, minutes as amended. Vote unanimously carried.
PLANNING CONSULTANT'S REMARKS
Consultant
Lomako asked for the Commission’s guidance regarding Mr. Choate’s questions on
the cluster housing Ordinance in regard to lot size and clustering. The
Commission concluded the number of allowable homes would be determined by
dividing the overall acreage minus all roads, right-of-ways, and water, by 1.50
acre in this case since the property is in the R-1-S zoning district.
Individual lot sizes can be smaller than the lot averaging minimum of 1.00
acre. The purpose of the cluster ordinance
is to allow homes to be grouped distinctly together and for a development to
have undeveloped park area and/or preserve natural features. These clusters are
to be comprised of 3 to 4 units groups.
The
Commissioners asked how Mr. Choate proposed the existing home would be accessed.
Mr. Choate stated the existing home has deeded rights of ingress and egress
onto
As
a result of discussion the Commission felt it would be good to review the
cluster housing ordinance to set a lot size minimum and reviewing the
separation distance. Consultant Lomako
recommended a complete review of the Ordinance.
Consultant
Lomako provided an update on the
PLANNING COMMISSIONERS' REMARKS
Commissioner
Mazzara asked Consultant Lomako for clarification on the bypass acceleration/deceleration
lane and make sure it is in correct section and return to the commission with
information.
Commissioner
Mazzara requested review of the lighting ordinance to change sodium fixture type.
He also requested that the ordinance be clarified to result in language which
would be clearly interpreted and enforceable.
Cluster
reviewed for clarification. It was determined Consultant Lomako and Building
Official Brandt would review the ordinance together and return with suggested
modifications for the February meeting.
CALL TO THE PUBLIC
Vice-chairman
Lemke asked for public comment.
There
was no response from the public.
The
meeting adjourned at 9:36 p.m.
Gordon Muir
Secretary