Pittsfield Charter Twp, Michigan

REGULAR MEETING August 7, 2003 7:30 P.M.

PITTSFIELD TOWNSHIP PLANNING COMMISSION MINUTES 

Members Present: Russell Banush, Julie Griess Christina Lirones, Wilma Luna, Edward Resha, Norman Schneyer

Members Absent: Dennis Ward

Others Present: Mark Pascoe, Ron Dankert, Matthew Rasdike, Nick Miller, Tom Zeimet, Cory Wearer, Jim Burns, Daryl Nichols, Rob Wagner, Frank Sorise, John Catten, Mohamad Issa, Ahmed Issa, Assistant Planner Jennifer Black, Senior Planner and Zoning Administrator Mark Spencer, and Marge Burkheiser, Recording Secretary.

1.0 Call Meeting to Order at 7:30 p.m. / Determination of a Quorum.

Chairperson Lirones called the meeting to order at 7:30 p.m. A quorum was present.

2.0 Pledge of Allegiance

Chairperson Lirones led the Pledge of Allegiance.

3.0 Approval of Agenda

Motion by Commissioner Banush, supported by Commissioner Resha, to approve the agenda, as presented.

MOTION CARRIED

4.0 Items from the Floor

None.

5.0 Public Hearings

None.

6.0 Old Business

6.1 CSPA 02-04 Sam's Club [submitted for final site plan]

Planner Black reviewed the engineer's report stating the MDEQ-Wetlands reviewed and approved the retention pond with no outlet to the wetlands. She also stated there are some lights that are in conflict with utilities and must be moved. She further said the lighting consultant has reviewed the lighting plan and said the lights in the gas station did not conform to Township standards adding that flat glass lens are required. She also said there are too many light poles in the parking lot and the consultant is suggesting twin lights on the poles. She then reviewed Planner Schmult's report stating there are also a few items that still needed to be provided. She also said applications for the signs have been received and appear to be acceptable although the application for the gas station signs have not been received. She said the information about the compactor and battery storage areas need to meet the Land Development Standards requirement of matching the building exterior. She said the exterior lighting showed 40 foot light poles and suggested the Planning Commission should decide whether to reduce the height. She stated the landscaping plan was acceptable.

Planner Spencer stated he had a few additional comments concerning the rezoning conditions that have not been completed, including a Development Agreement, a Conservation Agreement and a recorded easement provided for parcel "D". He also said a decision was needed about the light pole height since the height is in conflict with the Land Development Standards. He said the lighting consultant liked the 40 foot fixtures and suggested adding two light fixtures to each poles. He also said he felt the height of the poles may not be objectionable to the neighborhood. He also said the applicant has asked for a grading permit.

Chairperson Lirones stated there are some questions whether the detention pond is for detention or retention. She said with the downstream problems the Township was hoping for a retention pond with no outlet. She also said the applicant worked with the Township and the Michigan Department of Environmental Quality (MDEQ) to resolve the issue to everyone's satisfaction.

Members discussed the height of the light poles on the site saying that in the past, the Commission has adhered to the height stated in the Land Development Standards. They all agreed the proposed 40 foot poles are very tall and unacceptable. They also expressed their concern about the effect on visibility and glare in the Michigan Avenue/US 23/Carpenter Road corridor.

Nick Miller, engineer at Atwell-Hicks, said they would accept the 30 foot height for the light poles.

Commissioner Resha stated engineering said the Washtenaw County Road Commission had not approved the roads and asked if approval has since been received.

Planner Spencer replied that the roads have not yet been approved, and added that there are some small details left to be worked out.

Nick Miller stated the comments were minor and that he was hoping to have approval by Friday.

Commissioner Resha inquired about a french drain detail that was not on the plan view.

Nick Miller stated that this was an underdrain, not a french drain, and relabeled it as an underdrain.

Commissioner Resha stated the sanitary leads and storm sewers would be constructed at night, and asked if there were extra inspection fees associated with the times involved.

Chairperson Lirones expressed concern that construction at night would be dangerous.

Planner Spencer stated there will be additional fees for the inspections and they will be included in the amounts for the escrow account.

Nick Miller stated they are aware of the additional cost and accepted the additional fees that will be required.

Commissioner Banush asked if the brick color was exactly as shown in the elevations.

Nick Miller said he would check and submit samples of the materials.

Chairperson Lirones relayed comments from Commissioner Ward concerning this project. He stated the height of the light poles should be not higher than 25 to 30 feet and his concern for the traffic and roads in the area. He also said he would support approval of the final site plan with conditions.

Nick Miller stated the traffic phases have been revised along with a letter from Michigan Department of Transportation (MDOT) stating he thought they would have approval from the Washtenaw County Road Commission (WCRC) tomorrow.

Chairperson Lirones inquired about the various phases of road construction that would be impacting the drivers in the area.

Nick Miller stated there will be four or five phases of construction, with the first phase involving the shoulders and the subsequent phases involving the driving lanes. He also said construction would likely start July 2004.

A previous condition of approval, Planner Spencer stated, was that the roads must be finished before a Certificate of Occupancy would be issued for the new store.

Nick Miller said he would review the documents.

Commissioner Resha inquired about whether the construction traffic would enter the site from Carpenter Road or Michigan Avenue.

Nick Miller stated the construction traffic would enter from Michigan Avenue for the new store and then, when the old store was demolished, the traffic would enter from Carpenter Road.

Chairperson Lirones stated there will be a lot of coordination in timing and requested Mr. Miller to provide information for the Members to review.

Commissioner Banush asked Mr. Miller if he would review the timing of the demolition. Nick Miller stated the demolition of the existing building would take about four (4) weeks and the contractor they will be using has recently finished a similar project in Ft. Wayne IN.

Commissioner Banush asked Planner Spencer if there was a similar time limit for another project.

Planner Spencer replied yes and would be part of the Development Agreement. He also said the Board of Trustees would need to approve construction after hours.

Nick Miller stated an approximate time frame will be provided.

Motion by Commissioner Resha, supported by Commissioner Luna, to postpone action on CSPA 02-04 Sam's Club and direct the applicant to address the following:

1. Address items number 1-9, and 12 of the Township Engineer's report dated July 31, 2003. 2. Enter into a Development Agreement with the Township Board. 3. Provide a conservation easement or similar instrument to restrict all development over the conservancy area depicted on the site plan. 4. Provide a recorded access easement for pedestrians and vehicles for parcel "D" and any property west of the property line and the northbound U.S. 23 entrance ramp that may become available for development, as the result of the reconfiguration of the U.S. 23/Michigan Avenue entrance ramp. 5. Provide parking lot lights at a maximum height of 30 feet, per the requirements of the Township.

   And to permit the Municipal Services Department to issue a soil erosion and sedimentation control permit for earth moving at such time the Township Engineer deems the site plan is substantially complete. The issuance of this permit would in no way permit the demolition or removal of any structure, utility or parking facility until such time that the Planning Commission approves the final site plan.

Discussion:

Nick Miller asked for the motion to be postponed to a date certain of August 21, 2003.

Chairperson Lirones replied that if all the items could be fulfilled by that date.

Commissioner Resha stated he would agree if the applicant was able to meet all the above listed requirements.

Planner Spencer stated some items have been addressed but not reviewed and tentatively is on the August 21, 2003 agenda. He also said staff would not be able to have paperwork ready for the Board for the next meeting.

MOTION CARRIED

6.2 RZ 88-16 Issa Shopping Plaza [submitted for a minor change to the PUD]

Planner Spencer stated he did not have an "official" report but said personal services must match the requirements of C-1 zoning, which is limited to 4, 000 square feet. He also said the Planning Commission would need to determine if this would change the character of the development. He said it was discovered in the conditions of the PUD that the improvements to Stone School were to be completed before any building and suggest the Planning Commission consider the timing of improvement to allow the improvements within two years from the first Certificate of Occupancy.

Chairperson Lirones expressed dismay at the length of time and when the two years would start.

Planner Spencer stated this was the agreement with the WCRC. He said Staff felt this was appropriated.

Chairperson Lirones queried Mr. Issa concerning the conditions of the PUD and when the road should be paved.

Mohammed Issa, property owner and developer, stated he was aware of the PUD conditions, has discussed with the WCRC and there is an escrow account for the road. He also said the County is not ready for the road and felt it will be a waste of money.

Mark Pascoe of Atwell-Hicks, stated the piece meal construction on Stone School Road has contributed to the condition of the road and asked what the new condominiums were contributing to the road.

Planner Spencer stated the funds would be collected as a special assessment payable over ten years with a maximum amount of $100,000. He said the road was done as a package and consideration was given to Mr. Issa for the development.

Chairperson Lirones asked if the Township had copies of the paperwork from the WCRC.

Planner Spencer stated the Township has a copy of the road access agreement, signed by Mr. Issa, and copy of a letter that the plans are approved and would be completed within two years of the first Certificate of Occupancy.

1. Issa said he has been talking to the city of Ann Arbor concerning his project and was told since the trucks would be using the Stone School Road, a different engineering standard would need to be used. He also said he would like to finish the road improvements immediately and have the road finished. He also said the funds are in escrow and this involves approximately 625 feet of road.

Mark Pascoe stated this is a PUD in a local commercial district that is anchored by two restaurants. He said this was to be community friendly. He also said they were looking for some flexibility within the Ordinances.

Planner Spencer stated with all the personal services this would not be a retail center.

Chairperson Lirones noted there is some flexibility because this is a PUD.

Commissioner Resha asked if this would include over half of the space available, if allowed to increase.

Chairperson Lirones stated that the original request was for 6000 square feet but now this sounded like an open ended request.

Mark Pascoe clarified the requested square footage increase and the various sizes of the individual units, adding the projected usage is currently about 7, 000 square feet.

1. Issa stated he would like this to be nice center. He added that Seven-11 has been requesting space and he has been refusing this because they sell beer and alcohol.

Chairperson Lirones stated the Township was looking for a small grocery store like Seven-11.

1. Issa stated he would like 8,200 square feet and if granted he would not ask for additional personal service space.

Chairperson Lirones stated this is far beyond the original request and there is no shopping in the shopping center.

Commissioner Banush questioned the difference in the building square footage reported in a letter from Mr. Pascoe.

1. Pascoe clarified that Building A stands alone and is not included in the total.

Commissioner Banush commented the request is a 50% increase and should not be considered a minor change.

1. Pascoe claimed they could have made separate buildings, allowing 4,000 square feet for each building. He added they could change the leasing of one of the restaurants, and make Building A all personal services.

Commissioner Schneyer commented that the issue is total space, not per store.

1. Pascoe said that the total for the entire building was limited to 4,000 square feet out of 22,000 square foot building. He added that, if the building was 100,000 square feet, they would still be allowed a total of only 4,000 square feet.

Commissioner Resha said he thought they wanted to combine spaces for one store. Mr. Pascoe said they were working on the total square footage of the entire building.

Planner Spencer stated that if the Planning Commission decided this was a major change, they would need to go to the Township Board for approval. He then reviewed the stipulations for determining major and minor changes. Planner Spencer stated that most changes considered major did not apply to this case, with the exception of change in concept and change in use or character of development. He said that minor changes were not addressed as much. He also said after review, the staff felt this was a minor change, since there will not be a change in use [just the area of use].

Commissioner Luna inquired if there is someone to lease the space in question.

1. Pascoe replied there is a potential tenant.

Commissioner Griess noted this is a retail center with no retail outlets.

Commissioner Banush noted the name is not listed as Stone Plaza.

Chairperson Lirones stated this was originally called Issa Shopping Center but there is not any retail in the area except for a party store up located further east on Ellsworth.

Ron Dankert of Swisher Realty stated there is not enough residential housing in the area for the type of retail that is being requested. He also said they currently are holding a block of space (units B-F) for something like a video store to help bring in traffic. He said there is not the residential mix to support the traditional retail center.

Chairperson Lirones stated there is no residential to the east and to the west some Township actions have limited the market. She also expressed her dismay about the increasing amount of square footage changing.

Commissioner Griess asked if this would change the stability of the people in these businesses. She also said the developer should try for more retail.

Commissioner Resha stated with three restaurants in the shopping center, they would draw in the traffic for the rest of the stores. He also said he did not want an open ended amount of increased footage for the shopping center.

1. Issa stated if the request for 8,200 square feet was granted he would not ask for more. He said he has been in retail for about 20 years and 10,000 square feet is a large amount of space.

Chairperson Lirones stated she would like to see a cap on the amount of square footage but also would like more retail. She also said the City [Ann Arbor] is planning more housing in the area.

1. Issa stated some of the businesses are already located in other places; noting this is the third location for Tios and the Chinese restaurant will be a fourth location, for that owner. He said these are all strong businesses. Commissioner Resha asked if Curves for Women was an apparel store.

Chairperson Lirones stated Curves for Women is a rapidly growing exercise firm.

Planner Spencer stated a factor to consider on services is whether the Chinese restaurant is full service.

1. Issa said he has not seen the plans for the Chinese restaurant but felt there would be some seating.

Planner Spencer said these businesses may create parking issues. He asked for an estimate of how many people would be at Curves during peak hours.

1. Issa stated Curves would be busy mostly between 4 P.M. and 6 P.M. serving approximately 10 to 15 people during that time.

Commissioner Resha noted there were not any restaurants in the area and felt Tios would be busy.

1. Issa said he felt most business would occur during the day hours.

Commissioner Schneyer inquired if the applicant was requesting 6,000 square foot increase.

Chairperson Lirones stated they are requesting 8,200 square feet total.

Members and Staff discussed replacing services with retail as move outs happened.

Motion by Commissioner Banush, supported by Commissioner Luna, to determine that the following are minor changes to the PUD District, Issa Shopping Plaza RZ 88-16:

1. Increasing the permitted square footage for personal services. 2. Increase the time allowed for the improvements to be completed on Stone School Road.

Discussion:

Members and Staff discussed various expected length of parking time for the services.

Planner Spencer stated parking is calculated as a shopping center and there is more parking than if it was all retail. He said typically if parking becomes congested and it becomes difficult, businesses will leave because of the parking problems. He also noted there will be no parking on Ellsworth or Stone School. He also said there is the possibility of walk-in traffic and sidewalks will be provided by Mr. Issa along both frontages. Planner Spencer pointed out that this could encourage walking traffic and it is on a bus route.

ROLL CALL VOTE:

Ayes: Schneyer, Griess, Banush, Lirones, Luna, Resha Nays: None Abstain: None Absent: Ward

MOTION CARRIED

Ahmed Issa stated Tios will be mostly delivery as well as the proposed Chinese restaurant. There will be a limit of about 18-20 seats at each place and did not feel the parking would be an issues.

Members and staff discussed possible wording of the motion concerning the transition of services to retail.

Planner Spencer noted this may be a "trend" and should be considered for the C-1 and C-2 zoning district, to be reviewed.

Motion by Commissioner Griess, supported by Commissioner Resha, to approve the following minor changes to the approved PUD District Issa Shopping Plaza RZ 88-16:

1. Increase the size of personal services permitted from 4,000 square feet to 8, 200 square feet recognizing that this neighborhood is under development. The Planning Commission expects the applicant will work to make the transition from services to more retail, over time. 2. Change the required time for completion of the road improvements to Stone School Road from before a Certificate of Occupancy is issued for any part of the shopping center to within two (2) years of the issuance of any Certificate of Occupancy; on condition that the applicant supplies a signed copy of their development agreement with the Washtenaw County Road Commission.

ROLL CALL VOTE:

Ayes: Schneyer, Griess, Banush, Lirones, Luna, Resha Nays: None Abstain: None Absent: Ward

MOTION CARRIED

7.0 New Business

7.1 CSPA 03-12 CFI-Addition [submitted for preliminary site plan]

Planner Spencer reviewed the report of Planner Schmult. He stated this was for additional office space with the ground space increasing slightly due to inclusion of a stair tower. He said it would be better to submit the plans as one site plan without phases, with the additional parking deferred for a later date. According to Planner Schmult's report, Planner Spencer said the existing driveways will be used and circulation will be changed if and when parking lots are expanded. He discussed the issue of truck routes. He reported the landscape islands should be at end of the parking rows and at least 10 feet wide, the pavement area in the north should be reduced, the width of the northeast driveway should be reduced to 22 feet, and the length of the backup area should be reduced to about 5 feet.

Planner Spencer then commented from his own report. He stated net lot coverage needed to be included on the plan. He said the applicant was asking to defer 111 additional parking spaces, since their business plan did not warrant additional spaces. Planner Spencer said the plan should be resubmitted as a single site plan with deferred parking and as a combined preliminary/final site plan since this is an existing site.

Members discussed discrepancies with the date of the report. The date was determined to be August 4.

Planner Spencer said, in conclusion, that the Planning Commission should decide about deferring 111 spaces and if a combined preliminary/final site plan would be acceptable. He also said engineering would like an area wide map.

John Catten, CEO of CFI, stated he has a problem with the required number of parking spaces. He said generally there are 20 open parking spaces and did not want them to add more parking.

Chairperson Lirones stated the Planning Commission was willing to defer parking.

Commissioner Griess suggested finding out whether or not there would be large semi trucks.

1. Catten stated one of his tenants, Fabulous Foods, has semis, and this would be corrected.

Motion by Commissioner Resha, supported by Commissioner Banush, to postponed CSPA 03-12 CFI-Addition and to direct the applicant to submit a single phase combined preliminary and final site plan that includes deferring 111 parking spaces and direct the applicant to address the following:

1. The Township Engineer's report of July 30, 2003. 2. The Township Planner's report of July 24, 2003. 3. Item number 5 of the Township Zoning Administrator's report of August 4, 2003.

   MOTION CARRIED

8.0 Planner’s Report

8.1 Discussion of site plan approval date and extensions

Planner Spencer stated the Commissioner's have a spread sheet listing various projects that are unfinished. He briefly reviewed them stating their current actively level. He suggested the Planning Commission direct the Board of Trustees to change the language to include that after one year of no activity or building permit is issued, the project would be considered dead. He suggested if there is no activity the applicant should be notified, then if no response the item would be put on the agenda to revoke. He also said six (6) months was not long enough.

Chairperson Lirones stated first the Planning Commission should have some standardized language.

Members discussed and agreed with the suggestions offered by Planner Spencer.

Commissioner Schneyer stated the Zoning Ordinance states six (6) months.

Planner Spencer replied yes and thought the Township could make projects more active if reminded if there has been no activity.

Chairperson Lirones offered the suggestion of sending a letter after six months.

Planner Spencer stated he preferred not sending letters automatically to the applicant.

Chairperson Lirones stated she would like to see the Planning Commission approval date be the start of the clock.

Planner Spencer stated with the approval of administration to direct staff and engineering, some standard language could be added to the Ordinance.

Commissioner Banush stated he agreed with the time starting with the Planning Commission date. He also said the applicant could fix one item at a time and extend the project for years to keep open.

Commissioner Resha stated the change would not stop the applicant from returning to request extensions.

Planner Spencer informed the Commissioners on the status of litigation for St. James Woods stating the Township Supervisor and himself were being sued for issuing stop work orders. He also stated the WCDC and the Township Attorney have proposed a consent agreement and Archcon has agreed with 99% of the Township's request. He said a letter was located in the Township files and the Township was able to include $44,000 of past due fees to be paid. He also said there is a small issue with the Exhibit "B" drawings that must show the flood plains and wetlands in the Master Deed. He further said if these items were not corrected, this case could be turned over to the County prosecutor.

Chairperson Lirones noted Planner Spencer was able to stop the filling of a wetland area on Washtenaw. She noted this was possible due to the Township's Wetland Ordinance.

Planner Spencer clarified the Chairperson's comment, stating he was able to stop work until permits were issued.

Planner Spencer discussed a situation concerning Woodside [Meadows CSPA 02-05] involving the City of Ann Arbor that will be added to the Development Agreement. He gave an explanation of the situation and how it was being resolved with the City and MDEQ. He also discussed Development Agreements in general.

Planner Spencer said he was directed by the Planning Commission to address issues concerning Nature's Garden Center. He stated there are two centers in the Township, with the other one being Saline Flower Land. He also stated staff has had a meeting with both Nature's Garden Center and Saline Flower Land explaining the Zoning Ordinances and their permitted uses. He said they both have 30 days to correct the violations; otherwise the Township would start writing tickets. He also said if the owners felt their business did not fit the Conditional Use permit conditions, they would need to apply for revisions of their Conditional Use permit. He felt all parties involved understood his explanations. He also said there were no structural issues. Rather, he said, there were use issues. He further said he did not promise the owners the Planning Commission would agree but they would need to come before the Commission.

Commissioners thanked staff for their actions and intervention to resolve issues.

Commissioner Banush thought the treatment was fair to all parties and no one has been singled out.

Commissioner Luna inquired as to the status of the tickets that were issued. Planner Spencer replied that most of them were paid, but that the last one by Nature's Garden Center was not yet been paid. He added that his options now are to write a County ticket and take them to court.

9.0 Chairperson’s Report

Chairperson Lirones stated she passed out a letter from Smith Group JJR, concerning the US 12 Improvement Study, for information purposes only.

10.0 Commissioner’s Report

Chairperson Lirones brought up Commissioner Griess's email concerning a toxic tire burning operation that was on the Board agenda (Dundee Michigan) Tuesday, August 12, 2003. Commissioner Griess said the company wanted to burn materials that were classified as toxic material, without making a request to Michigan Department of Environmental Quality. She added this company is a major polluter.

11.0 Approval of Prior Minutes

None.

12.0 Adjournment

Motion by Commissioner Luna, supported by Commissioner Resha to adjourn the meeting.

MOTION CARRIED

Chairperson Lirones adjourned the meeting at 9:40 p.m.

________________________________________________________________________ s/Julie Griess, Secretary October 16, 2003