REGULAR MEETING                                                                           JUNE 24, 2004

PLANNING COMMISSION                                                                                PAGE 1

CHARTER TOWNSHIP OF MILFORD

 

MEMBERS PRESENT:                 Vice-Chairman Richard Lemke, Commissioners: Chris Benner, Vaughn Koshkarian, Gordon Muir, Keith Vandenbussche,   Lawrence     Waligora

 

 

ABSENT:                                          Chairman David Kulp; William Mazzara, Ric Mueller; Timothy Brandt, Building Official

 

ALSO PRESENT:                           Nick Lomako, Township Planner; Sandi Hinzmann, Planning/Recording Secretary; 11 Members of the Public

 

Vice-Chairman Lemke called the meeting to order at 7:30 p.m. Roll call was taken and a quorum was present.

 

Vice-Chairman Lemke requested a change in the order of the agenda to place Unfinished Business items after New Business.

 

Mr. Koshkarian moved, Mr. Waligora seconded, to place Unfinished Business after New Business. Vote unanimously carried.

 

PRIORITIZATION OF AGENDA

No prioritization of agenda.

 

PUBLIC HEARING

LAND DIVISION APPEAL, HOLLABAUGH, 16-27-200-033

Vice-Chairman Lemke opened at 7:34 p.m.

 

Vice-Chairman Lemke read the notice published in the June 24, 2004, Milford Times and stated notification of surrounding property owners had occurred, as required by Ordinance.

 

Vice-Chairman Lemke asked Mr. Hollabaugh to explain his request. Mr. Hollabaugh, 3380 Morrow Lane, said he is requesting creation of two parcels, net acreage 6.7 (parcel #1) and 3.00 acre (parcel #2), off the original approximately 10 acres. The 3 acre parcel is rectangular; the proposed parcel #1 was denied due to irregular geometric shape.

 

Vice-Chairman Lemke asked for public comment. There was no response from the public present.

 

REGULAR MEETING                                                                           JUNE 24, 2004

PLANNING COMMISSION                                                                                PAGE 2

CHARTER TOWNSHIP OF MILFORD

 

Vice-Chairman Lemke closed the public hearing at 7:36 p.m.

 

LAND DIVISION APPEAL, FRASER & YEO, 16-34-100-015 & 016

Vice-Chairman Lemke opened at 7:37 p.m.

 

Vice-Chairman Lemke read the notice published in the June 24, 2004, Milford Times and stated notification of surrounding property owners had occurred, as required by Ordinance.

 

Mr. Fraser explained that the two parcels, each 5 acres, share a common property line and are requesting combination of 1.875 acre rectangle from the rear of Mrs. Yeo's parcel resulting in unsymmetrical parcel. 

 

Vice-Chairman Lemke asked for public comment. There was no response from the public present.

 

Vice-Chairman Lemke closed the public hearing at 7:39 p.m.

 

NEW BUSINESS

LAND DIVISION APPEAL, HOLLABAUGH, 16-27-200-033

Vice-Chairman Lemke asked for Commissioner‘s questions. The Commissioners agreed that from a planning standpoint this division creates a large flag lot, which is not allowed by ordinance.

 

Mr. Lomako asked if proposed parcel 1 had wetlands on the front of the property, making it an existing site condition, justifying nonsymmetrical shape. Mr. Hollabaugh answered that it is swamp for about a 1/3 of an acre but that it is still a buildable site.

 

Mr. Hollabaugh explained that he originally proposed three divisions and was denied. The Commissioners and Mr. Hollabaugh discussed how three parcels with a cul-de-sac road could be configured and suggested that Mr. Hollabaugh return to the Planning Commission with a site plan showing a road and three symmetrically shaped divisions. Mr. Lomako suggested a meeting between himself, Mr. Brandt, and Mr. Hollabaugh to explore the option of three parcels. Mr. Hollabaugh asked for time to explore this possibility.

 

Mr. Muir moved, Mr. Koshkarian seconded, to table Hollabaugh Land Division appeal, 16-27-200-033, for the applicant to explore alternatives. Vote unanimously carried.

 

 

REGULAR MEETING                                                                           JUNE 24, 2004

PLANNING COMMISSION                                                                                PAGE 3

CHARTER TOWNSHIP OF MILFORD

 

LAND DIVISION APPEAL, FRASER & YEO, 16-34-100-015 & 016

Vice-Chairman Lemke asked for questions from the Commissioners. The Commissioners discussed how this differed from being a large flag lot due to the fact that no new parcels are being created.

 

Mr. Vandenbussche asked if Mr. Fraser has any plans to develop the parcel in the future. Mr. Fraser said he has no plans at this time for the future. He intends to use the additional property himself and understands it is not developable.

 

Mr. Lomako said the configuration is a flag but the parcels stay as two lots, which can not be developed to create any additional parcels; also the two exiting parcels are abutting.

 

Mr. Koshkarian moved, Mr. Vandenbussche seconded, to recommend approval of Land Division appeal, Fraser & Yeo, 16-34-100-0015 & 016 on the basis that the two parcels remain two parcels and the resulting parcels are not developable. It is a reconfiguration of two abutting properties. Vote unanimously carried.

 

S-03-5015, BAKER'S OF MILFORD ADDITION, 16-22-102-042

Mr. John Vitale, Stucky-Vitale Architects, presented the plan for a 900 sq. ft. expansion to allow for a larger entry area for Baker's of Milford Restaurant and addressed some minor issues from the original site plan.

 

Vice-Chairman Lemke asked Mr. Lomako for a historical review of the site and to summarize his review letter. Mr. Lomako explained that the original site plan was approved in 1995 with many conditions that could not be approved today. Due to changes in the ordinance this site has some legal existing nonconforming issues. He reviewed the outstanding items from Wade-Trim letter dated June 15, 2004, (on file in the Township Office). One of the items was if this addition is an expansion of special use. The Township Attorney felt an amendment to special use is required. The site plan review can occur this evening and the applicant will return next month for special use approval.

 

Mr. Lomako reviewed the outstanding review items. Mr. Vitale said they will be applying for the extension of the special use and return for July 29, 2004, meeting. The other items have been addressed and a letter obtained from Consumer Power if desired.

 

Vice-Chairman Lemke asked the use of the additional area. Mr. Vitale explained that it will primarily be an entry, with potential for retail sales section, with a small area  that  could  be  used  for  seating.  Mr.  Paul  Baker,  owner,  said  his  main

 

REGULAR MEETING                                                                           JUNE 24, 2004

PLANNING COMMISSION                                                                                PAGE 4

CHARTER TOWNSHIP OF MILFORD

 

purpose for the addition is for aesthetic purposes and a more enjoyable lobby area.

 

Mr. Koshkarian moved, Mr. Muir seconded, to recommend approval of S-03-5015, Baker's of Milford Addition, 16-22-102-042 subject to addressing the following items:

1.      Contingent upon amended special approval.

2.      Reference to City of Milford should be corrected on all plan sheets.

3.      Sheet LS-1 should indicate if any landscaped area will be irrigated, pursuant to previous comments made by the applicant's designer.

4.      A letter from Consumers Power Gas Company verifying that trees are allowed within the easement as part of landscaping, prior to planting.

5.      Addition of note on site plan indicating: "Site lighting to comply with Section 19-105 and Section 19-105, (4) in particular for parking lot lighting."

Vote unanimously carried.

 

UNDERGROUND UTILITIES

Mr. Lomako reviewed the memorandum from Wade-Trim, dated July 24, 2003, highlighting the requirement for underground utilities in subdivisions and suggested that site-condominiums and other developments should be defined in an ordinance. He sited the Canton Model for amendment to the Ordinance.

 

The Commissioners discussed the need for all development utilities to be covered in the ordinance and requested that Mr. Lomako draft a text amendment for review at next month's meeting.

 

Mr. Muir moved, Mr. Vandenbussche seconded, to table Underground Utilities for review and amendment by Planner Lomako. Vote unanimously carried. 

 

UNFINISHED BUSINESS

MASTER LAND USE PLAN REVIEW

Mr. Lomako reported that copies of Franklin and Huron Townships' Master Plans had been obtained for review. The Township Board has authorized funding for the joint Master Plan effort and it is expected the Village will take action at their June meeting. If approved by the Village a detailed schedule of work will be crafted for the process to commence.

 

Mr. Muir moved, Mr. Waligora seconded, to table Master Land Use Plan Review to the July meeting. Vote unanimously carried.

 

 

 

REGULAR MEETING                                                                           JUNE 24, 2004

PLANNING COMMISSION                                                                                PAGE 5

CHARTER TOWNSHIP OF MILFORD

 

R-2 MULTIPLE FAMILY ORDINANCE AMENDMENT

Mr. Lomako provided information on the definition of medical clinic and pointed out that most reference sources were not very specific in their definition. He provided many examples. The Commissioners agreed that a specific definition of use, appropriate locations, and conditions should be included. Mr. Lomako suggested tabling the R-2 Ordinance amendment for further consideration and study, and to allow for Mr. Mazzara, who has championed this, to be in attendance.

 

Mr. Koshkarian moved, Mr. Vandenbussche seconded, to table R-2 Multiple Family Ordinance Amendment to the July 29, 2004 meeting. Vote unanimously carried.

 

PRIVATE ROAD ORDINANCE

Mr. Lomako reviewed the memorandum prepared by Wade-Trim dated July 24, 2003. After initial discussion of the desire to have a structured ordinance for private roads, Mr. Lomako suggest the formation of a subcommittee composed of the Building and Zoning Official, Fire Chief, Township Supervisor, himself and any other interested Commissioners, to develop a proposed ordinance. This committee would provide monthly status reports to the Planning Commission while crafting a proposed ordinance.

 

The Commissioners and Mr. Lomako discussed his recommendation and determined that Chief Waligora should be the chairman of the subcommittee.

 

Vice-Chairman Lemke requested placement of Private Road committee report on each month's Planning Commission agenda.

 

Mr. Muir moved, Mr. Waligora seconded, to create a Private Road subcommittee for studying and drafting of a new ordinance; appointed Mr. Waligora as chairman, with membership composed of Township Supervisor, Township Building Official, Planning Consultant Lomako, and any other interested Commissioners. The committee will report on progress at monthly Planning Commission meetings. Vote unanimously carried.

 

The first committee meeting set for Thursday, July 29, 2004, at 6:30 p.m.

 

PROPOSED AMENDMENT TO SECTION 19-80, (3)

Mr. Lomako reviewed the Wade-Trim letter dated May 6, 2002, regarding new ordinance language for landscaping issues and suggested a Public Hearing be set.

 

REGULAR MEETING                                                                           JUNE 24, 2004

PLANNING COMMISSION                                                                                PAGE 6

CHARTER TOWNSHIP OF MILFORD

 

Mr. Koshkarian moved, Mr. Waligora seconded, to schedule a public hearing on July 29, 2004, for proposed Amendment to Section 19-80, (3) based on draft dated May 6, 2002. Vote unanimously carried.

 

APPROVAL OF MINUTES, MAY 27, 2004 (REGULAR MEETING)

Mr. Muir moved, Mr. Vandenbussche seconded, to approve the May 27, 2004, minutes as presented. Vote unanimously carried.

 

PLANNING CONSULTANT'S REMARKS

Mr. Lomako asked the Commissioners to review the Planned Unit Development Regulations provided for discussion at the July meeting.

 

Mr. Lomako asked that the Smart Growth Tactics Insert from the April 2004, Michigan Planner be supplied to the Commissioners.

 

Mr. Lomako reported that site plan for a warehouse/office building at Buno and Childs Lake Road is currently under review and will most likely be on the July agenda.

 

PLANNING COMMISSIONERS' REMARKS

Mr. Waligora asked the Commissioners to consider creating an ordinance requiring fire suppression systems as a development standard. The Township has adopted the 2003 International Fire Code but this does not cover fire protection for all uses.

 

The Commissioners and Mr. Lomako discussed the importance of fire suppression systems.

 

Mr. Vandenbussche moved, Mr. Waligora seconded, to draft text for site condominium and subdivisions Ordinance requiring fire suppression systems. Vote unanimously carried.

 

The Commissioners discussed the developments surrounding the proposed sale of land owned by the Huron Clinton Metro Park and the news that the Chairman of the HCMA board was going to recommend the land not be sold and retained as park land.

 

CALL TO THE PUBLIC

Vice-chairman Lemke asked for public comment.

 

 

 

REGULAR MEETING                                                                           JUNE 24, 2004

PLANNING COMMISSION                                                                                PAGE 7

CHARTER TOWNSHIP OF MILFORD

 

Mr. James Morris, 2440 S. Hickory Ridge Trail, said he owned approximately 10 acres and felt that a 60 ft. private road was excessive at 50 dollars a liner foot for access to only one parcel.

 

Ms. Nancy Hutchinson, real estate agent, who has been working with Mr. Morris, said that with a 40 ft. road width there would be enough acreage for three parcels, and asked the Commissioners to consider this alternative private road width.

 

Mr. Dan White, 1750 W. Maple, also asked the Commissioners to consider a 40 ft. road width, due to the exclusion of the road area for acreage calculation for division of 10 acre parcels similar to his in the R-1-R zoning district.

 

Mr. Lemke said the safety risks will be addressed by the subcommittee and thanked the citizens for their comments. Mr. Lomako said one of the reasons the road area is not included in acreage size for division is the need to maintain the minimum buildable area of a parcel. Mr. Waligora said a tiered private road system will be explored by the subcommittee. 

 

The meeting adjourned at 9:10 p.m.

 

 

 

Gordon Muir

Secretary