Pittsfield Charter Twp, Michigan

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REGULAR MEETING February 20, 2003 7:30 P.M.

PITTSFIELD TOWNSHIP PLANNING COMMISSION MINUTES 

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

Members Absent: None

Others Present: Larry Goss, Nick Miller, Jon Porth, Assistant Planner Kristine Goddard, 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 Luna, to move item 7.1 to follow 5.1 and item 7.2 to follow 5.2.

MOTION CARRIED

Planner Spencer stated he was notified, by the applicant of item 6.2, [CSPA 99-18 Pittsfield Glen], that they were requesting removal from the agenda.

Motion by Commissioner Banush, supported by Commissioner Luna, to remove item 6.2, CSPA 99-18 Pittsfield Glen, from the agenda, at the applicants’ request.

MOTION CARRIED

4.0 Items from the Floor

None.

5.0 Public Hearings

5.1 RZ 03-01/CSPA 03-04 Platt Road Condominiums [submitted to rezone from R-2B to PUD and preliminary site plan]

Chairperson Lirones gave a brief introduction and very brief history of past rezoning (RZ 02-12).

Zoning Administrator Spencer reviewed his zoning report, stating the applicant has proposed 132 units but only 124 units will be allowed. He stated the lot coverage needs to be corrected but the all basic setback requirements have been met. He also said the Township Fire Marshal still would need to review for the plans for safety issues. He also noted that the parking requirements have been met. He further stated that the Engineer has a few basic comments but that the most important one concerns the 16-inch water main which can not be moved and must be tapped into. He said Engineer said the overhead utility lines should be moved to be underground and that the wetland boundaries need to be identified.

Larry Goss, of Burton Katzman Associates, stated they would like to save as much of the natural features on the site as possible. Mr. Goss also stated the buildings are identical to Madison Place, located at Packard and Carpenter. He further stated he was under the impression they could do more than 6 units per acre in a PUD and would like to request the 132 units. He said regarding the relocation of overhead utility lines along Platt Road, that they were not sure of the cost or whether it was possible.

Chairperson Lirones asked for public comments.

There were no public comments.

Motion by Commissioner Banush, supported by Commissioner Ward, to close the public hearing.

MOTION CARRIED.

Item 7.1, of New Business, to follow.

Chairperson Lirones stated that the number of units was part of the Zoning Ordinance and would need to remain at 124 units.

Planner Schmult stated the Zoning Ordinance is very clear and they must follow the Comprehensive Plan.

Commissioner Ward asked who the person was that was out flagging the wetlands.

Larry Goss state the person was Dr. Eugene Jaworski [J & L Consulting] and he is well respected in the community for his work.

Commissioner Ward inquired if there was a copy of the report with the findings.

Larry Goss stated there will be copies available but they would need to wait until spring for the MDEQ to validate the findings.

Chairperson Lirones stated she felt this site would be very attractive and didn't see a need to increase the density.

Commissioner Ward stated his concern about access to the site and the increasing traffic at the intersection of Platt and Michigan Avenue/US12.

Larry Goss stated there will be a stub to Rosewood Village [CSPA 98-47] for emergency access.

Planner Spencer stated there is concern about the wetland and how much is water flowing into it and that the drainage shown on the plan is not accurate. He also said the Township would like to see how much is going into as well as out of the wetland. He also suggested that a 25 foot buffer around the wetland would help filter and control the water better.

Larry Goss stated he is very familiar with the issues and that they are working to be a leader in this area.

Chairperson Lirones stated the utility lines should become underground utilities.

Planner Spencer stated they will work with engineering but it is possible these lines are "backbone lines".

Commissioner Ward Dennis said he wanted connectivity with Rosewood.

Larry Goss stated they would take our drive to the Rosewood Village property line but did not have any control over them and developer of Rosewood stated they were not interested. He thought possibly the Township would have more leverage to provide this connection.

Planner Schmult stated he felt this connection would only work for an emergency access and would not be for public traffic.

Planner Spencer stated he would discuss this with the developer of Rosewood Village.

Commissioner Ward stated the road is actually a private drive and expressed his concerned with maintenance. He suggested that the maintenance should be addressed and be part of the Homeowner's Association Agreement.

Chairperson Lirones inquired if there would be individual trash pickup and not dumpsters.

Larry Goss stated trash would be curb side. He also requested the Commissioner's to readdress the density issue of the site.

Chairperson Lirones and Members all agreed the ordinance is clear; the density is 6 dwelling units per acre and would be 124 units.

Planner Schmult asked what the developer was expecting for demographics of the site.

Larry Goss stated young professional people with some older couples.

Commissioner Schneyer inquired about the price range for the units.

Larry Goss stated they would start at about $175,000.

Commissioner Resha noted that since Madison Place recently had a unit selling for $200,000 and all the units are sold.

Chairperson Lirones asked about mitigating trees.

Larry Goss stated that trees could be planted at various parks.

Chairperson Lirones stated the Township did have a provision to mitigate trees off site, if necessary and that it was in the Land Development Standards.

Planner Spencer stated that once there were accurate tree counts to work with, the Township would be able to discuss this with the Parks and Recreation Department. The Parks Department has identified some areas that need additional trees.

Dennis Engstrom, stated there have been a number of traffic studies done for the area and he felt the best way resolve the traffic issues would be to extend the left turn lane on Platt Road. He also said they have been talking with Rosewood Village and are working on the details since the taper lanes go past Rosewood.

Chairperson Lirones asked about a right turn lane, since traffic backs up here during rush hour.

Dennis Engstrom stated the Washtenaw County Road Commission [WCRC] felt this was not needed.

Planner Spencer said the Township might want to discuss this with the WCRC.

Commissioner Ward mentioned the US 12 study has been in progress but also noted issues may not be resolved for another 5 to 10 years.

Motion by Commissioner Ward, supported by Commissioner Luna, to postpone action on RZ 03-01 and CSPA 03-04 Platt Road Condominiums and direct the applicant to:

  1. Address the concerns in the Zoning Administrator’s report dated February 14, 2002.

  2. Address the concerns in the Engineer’s report dated February 12, 2003.

  3. Complete the wetlands delineation and survey by a qualified wetlands consultant. 4. Address comments made by the Planning Commission February 20, 2003.

MOTION CARRIED

5.2 CUP 03-01 Ann Arbor Vineyard [submitted for a conditional use permit for a tasting room]

Planner Goddard reviewed her report stating this is being applied for because the State requires a "tasting room and retail sales" on the site before they can obtain a license. She also said this would not require any additional parking and that the applicant has offered proposed conditions and Staff agrees with them. She also mentioned there would not be signage for the tasting room.

Chairperson Lirones inquired if the applicant would be able to sell at the site.

Planner Goddard stated they could.

Harry, representing Ann Arbor Vineyard, stated they have intentionally requested those restrictions since our goal is to produce and sell wine as a wholesale business.

Chairperson asked if they would be selling to the general public.

Harry stated that it was not their intention to have public sales.

Commissioner Resha inquired if the wine was being made at this site.

Harry stated they will be producing the product at the site.

Commissioner Banush asked if there would be wine tasting.

Harry stated the State gives permission to have an on site tasting room and is part of the wine license.

Commissioner Banush said the question was not answer and asked if the applicant/producer was restricted from tasting their own wine.

Harry stated it would be for the customers.

Commissioner Resha inquired if this was basically a wholesale business.

The applicant replied yes.

Chairperson Lirones asked if there were any public comments.

There were no comments.

Motion by Commissioner Banush, supported by Commissioner Luna, to close the public hearing.

MOTION CARRIED. Item 7.2 moved to follow the public hearing.

Commissioner Banush stated the Township proposed too many restrictions and felt that someone would want to be able to taste 4-5 wines.

Harry stated they were willing to agree to any restrictions the Township required.

Chairperson Lirones noted that the restrictions were offered by the applicant.

Motion by Commissioner Ward, supported by Commissioner Luna, to approve the Findings of Required Standards and Resolution of Approval for CUP 03-01 Ann Arbor Vineyard, to operate a wine tasting room as an incidental use to a wholesale and warehousing business (see attachment #1).

ROLL CALL VOTE:

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

MOTION CARRIED

6.0 Old Business

6.1 RZ 02-01/CSPA 02-04 Sam's Club [submitted for recommendation for rezoning and preliminary site plan]

Planner Schmult reviewed his report along with the two proposed resolutions that have been drafted. He stated Resolution 1 was concerned with how the phasing on the site will be handled and keeping the store open while remodeling. He also said there is an issue with the number of parking spaces. He said the Zoning Administrator has requested data showing how many spaces would be needed and felt 500 spaces will be enough to service the new building and that 525 was required by the Ordinance. He continued that the current plan showed 595 and wondered why the extra 95 spaces. Mr. Schmult recommended either deleting the 95 parking spaces or deferring the spaces for future use. He further stated the Washtenaw County Drain Commissioner [WCDC] stated interim phasing for storm water is adequate. He further said Engineering had number of comments concerning the utilities and that MDOT has decided no improvements would be needed for the area. He said that the owner of the outlot has agreed to not having access to Michigan Avenue or Carpenter Road from his site but then would like the drive as close to Carpenter Road as possible. He said the Township would like this road to be as far away as possible. He also said in Resolution #2 he has added an additional step between the Planning Commission recommending approval before going before the Township Board. He also requested the applicant add all architectural elevations and they could be on one sheet added to the site plan.

Commissioner Banush asked for a clarification of the statement about elevations.

Planner Schmult continuing stated that on point #12 [Resolution #1] the words “…during construction….” needed to be added.

Planner Spencer stated the conservation easement must be on the plan before final site plan is approved.

Chairperson Lirones stated there is a conflict with the number of parking spaces.

Joe Galvin, attorney representing Sam's Club, said regarding the parking issue, they wish to keep the site plan as it is for construction. They wanted to be sure they had sufficient spaces for the current store and new store.

Nick Miller, engineer for Sam's Club, stated he had no additional comments concerning the parking but said there are two things that are sacred with Sam’s; 1-The company requires 4.5[parking spaces] per 1000 square feet and 2-their sign.

Planner Spencer stated that based on last years' sales how can the applicant justify needing the 595 spaces.

Joe Galvin stated there are different criteria that apply and past sales was not a consideration. He also said he feels they have met the reasonable requirements of the Ordinance.

Commissioner Griess stated she felt the extra parking should be deferred until the parking is needed.

  1. Galvin stated they had made the request for deferred parking and this was not agreed to in the past.

Commissioner Banush stated that considering future growth and use of the site he did not have a problem with 595 parking spaces.

  1. Galvin stated the site would not be getting all new parking at the same time and felt that the transition plan and spaces would work. He requested to have the rezoning resolved.

Commissioner Schneyer also stated that with the 14% increase in parking, he did not have a problem with this.

Planner Schmult stated that Section K of Resolution # 1 stating the last sentence from the word "petitioner" to the end should be stricken. He gave the corrected wording to be added to the resolution.

The Members noted additional corrections to be made to the resolutions.

Motion by Commissioner Banush, supported by Commissioner Resha to approve Resolution #1 Findings of Required Standards for RZ #02-01 Sam's Club [as amended] (see attachment #2).

ROLL CALL VOTE:

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

MOTION CARRIED

Commissioner Resha stated he had a question about the statement "similar business".

A Commissioner asked for a recorded access easements for Parcel "D".

Planner Schmult stated this is actually the second business at this location.

Joe Galvin stated they could deliver the easements to the Township but they would show differently and felt there would be a problem if recorded.

Planner Schmult stated the easement would be on the driveway.

  1. Galvin stated they would deliver whatever is required.

Motion by Commissioner Ward, supported by Commissioner Banush, to approve Resolution #2 to grant preliminary site plan approval to CSPA 02-04 and recommend approval of RZ #02-01 Sam's Club to the Township Board [as amended] (see attachment #3).

ROLL CALL VOTE:

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

MOTION CARRIED

6.2 CSPA 99-18 Pittsfield Glen [submitted for discussion only]

This item was removed from the agenda at the request of the applicant.

7.0 New Business

7.1 RZ 03-01/CSPA 03-04 Platt Road Condominiums [discussion only]

Item was moved to follow 5.1 of the Public Hearing.

7.2 CUP 03-01 Ann Arbor Vineyard [submitted for a conditional use permit for a tasting room]

Item was moved to follow 5.2 of the Public Hearing.

8.0 Planner’s Report

None.

9.0 Chairperson’s Report

Chairperson Lirones stated she would have the have annual report of the Planning Commission available for the March 6, 2003 meeting.

10.0 Commissioner’s Report

None.

110 Approval of Prior Minutes

None.

12.0 Adjournment

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

MOTION CARRIED.

Chairperson Lirones adjourned the meeting at 9:24 p.m.

________________________________________________________________________ s/Julie Griess, Secretary March 14, 2003

Attachment #1

FINDINGS OF REQUIRED STANDARDS AND RESOLUTION OF APPROVAL C.U.P. #03-01 ANN ARBOR VINEYARD FEBRUARY 20, 2003

WHEREAS, an application for a Conditional Use Permit to allow a wine tasting room in a I-1 District was received from Ann Arbor Vineyards on January 22, 2003, and

WHEREAS, the Pittsfield Township Planning Commission held a public hearing on this matter on February 20, 2003 and received no unfavorable comments; and

WHEREAS, the Commission finds that this use is adequately served by public facilities and services, and the proposed use will not substantially increase demand on public facilities or services; and

WHEREAS, the State requires a tasting room as part of the wine makers license; and

WHEREAS, the Commission has studied this application and developed conditions adequate to insure this will not be hazardous or disturbing to the surrounding uses; and

NOW THEREFORE BE IT RESOLVED, that the Pittsfield Township Planning Commission hereby approves, C.U.P. #03-01 Ann Arbor Vineyard, subject to meeting the following conditions:

  1. There will be no signage permitted for the tasting room.

  2. The tasting area will consist of one table (3ft by 4ft) and up to three chairs, totaling no more than 24 square feet.

  3. The hours of operation will be from 12:30 pm until 1:00 pm (30 minutes), on Saturdays only.

  4. Tasting will be by appointment only.

  5. Only one individual will be permitted to taste the wine per appointment.

  6. No more than three samples of wine will be tasted per appointment.

  7. No retail sales may occur on the premises.

Attachment #2 RESOLUTION #1 FINDINGS OF REQURIED STANDARDS RZ 02-1 Sam's Club PITTSFIELD TOWNSHIP PLANNING COMMISSION February 20, 2003

The Pittsfield Township Planning Commission hereby makes the following Findings of the Required Standards in Sections 52.07C and 59.05 of the Zoning Ordinance for a zoning amendment, and Article 55 of the Zoning Ordinance for a preliminary site plan, based on the latest version of the area plan/preliminary site plan, consisting of 12 sheets, date stamped December 26, 2002, as received by Pittsfield Township.

  1. The petition is consistent with the adopted Comprehensive Plan. The Plan designates the property and its neighboring parcels as part of the Michigan Avenue/US23 interchange sub-area. Intended uses are office, local commercial, and community commercial. PUD zoning is one of the recommended means of attaining design objectives. Michigan Avenue and Carpenter Road are classified as key character corridors in the Township. The petition proposes a community commercial use, Sam's Club. The use is a continuation of the existing Sam's Club, which is located on a different part of the property. (Sections 52.07C-1 and 59.05E, Zoning Ordinance)

  2. The petition is consistent with the applicable purposes and regulations of the PUD district, as follows. (Section 52.07C-2)

  3. Intent, Section 45.01 – Subsections A, F, and G apply to this petition; the petition promotes these objectives.

  4. Location of a PUD, Section 45.02 – The Comprehensive Plan encourages use of the PUD district in this area.

  5. Permitted Uses, Section 45.03A – The proposed use, a community commercial establishment, is consistent with the Comprehensive Plan.

  6. Density, Section 45.03B and C:

GFC = 13% proposed; maximum permitted = 25%. FAR = 0.13 proposed; maximum permitted = 0.35.

  1. Minimum Lot Area, Section 45.05 – None required but the Planning Commission must find that the area of the site is suitable for the proposed use. The Planning Commission finds that the area of the site is suitable for the proposed development. Attachment #2 Page 2

  2. Minimum Required Yards, Section 45.06:

Front – Carpenter Road - 110 feet minimum required from road centerline; 270 feet provided. Front – Michigan Avenue – 125 feet minimum required from road centerline; 255 feet provided. Sides, rear – 20 feet minimum required; 60 feet or more provided.

  1. Distances between Buildings, Section 45.07 – Not applicable.

  2. Height Limit, Section 45.08 – No maximums [are] stated but [the] Township Board must approve heights that exceed 2 ˝ stories or 35 feet. Parts of the building exceed 35 feet, to a maximum height of 41 feet-8 inches.

  3. Circulation, Section 52.02 – The site has frontage on and access to two major public streets via private drives. Sidewalks are provided along both street frontages and to the building from the street sidewalks.

  4. Utilities, Section 52.03 – Public water and sanitary sewer services are available on the site, serving the existing building, but will be relocated and replaced to serve the proposed building. The stormwater detention basin will discharge into the wetland in the NE corner of the site.

  5. Parking and Loading, Section 52.05 – The plan requires 525 parking spaces and provides 595 spaces. The Zoning Administrator has determined, based on data provided by the petitioner, that a total of 495 parking spaces should be sufficient to serve the new Sam's Club building. (See memo dated February 13, 2003.) The petitioner explained the spaces will be sufficient during construction but the 595 spaces are required to meet future sales growth in the new store. The Planning Commission finds that the petitioner's explanation is acceptable and the 595 spaces are reasonable.

The proposed building requires 7 loading spaces and the plan provides 6 loading spaces.

Attachment #2 Page 3

  1. Phasing, Section 52.06 - The project is to be developed in one phase. However, phasing is a major issue because the petitioner intends to continue to use the existing building while the new building is under construction, and to open the new building for business while demolishing the existing building. This double use of the site during the period of construction and demolition means that temporary parking, vehicular circulation, and storm drainage facilities must be provided and utilities must be constructed, relocated, and removed while customers are on the site. The Planning Commission finds that careful planning and coordination of activities will be required to meet the petitioner's sales requirements while providing a safe environment for customers, protecting utility services, and assuring adequate erosion control and stormwater management. The Phasing Plan is described on Sheets 10 and 11 of the area plan.

The Planning Commission has reviewed the Phasing Plan and has reviewed reports concerning that plan. The Planning Commission finds that the Washtenaw County Drain Commissioner's office has approved the interim plan for stormwater detention. (See letter dated January 30, 2003.) The Commission also finds that Items #3 and 4 of the Township Engineer's report, dated February 5, 2003, raises important issues in the proposed phasing and that these issues must be addressed to the Township Engineer's satisfaction before the final site plan is approved. The Civil Engineering Manager for Wal-Mart Stores, Inc., submitted a letter dated February 3, 2003, to the Township in which he, John Fogge, states:

"Wal-Mart has reviewed the "Preliminary Const. Phasing Plans" and have determined that they are consistent with other projects that are under design or have been relocated. Furthermore, the preliminary plans are in general compliance with the logistical access for operations of the Club."

The Planning Commission therefore finds that the petitioner acknowledges that the phasing plan as presented in the area plan is acceptable for business operations.

Attachment #2 Page 4

The Zoning Administrator has determined, based on data provided by the petitioner, that the site will require a minimum of 264 parking spaces during construction in the months of January through October, and a minimum of 330 spaces during the months of November and December while construction is on-going. (See memo dated February 13, 2003.) The Planning Commission therefore finds that a minimum of 264 parking spaces should be conveniently and safely available to customers and employees during construction except in November and December, during which time at least 330 spaces should be available. The parking areas that provide these spaces should be free of construction activities.

The Planning Commission notes that the phasing plan assumes a continuous and uninterrupted sequence of construction events, from the start of construction of the new building through demolition of the existing building and site restoration work. However, the Commission is concerned that delays, perhaps long term, might occur at any stage of this project. The Commission therefore finds that time periods for each phase should be identified and that an agreement and financial guarantee should be in place before construction begins to assure completion of essential elements, such as Township utilities, stormwater management, and site restoration, if construction ceases at any stage.

  1. The site currently has a water main and a sanitary sewer on the premises. These will be replaced in new locations to serve the proposed building. The existing stormwater detention basin will be expanded and will discharge into the wetland in the NE corner of the site. Access to public streets is discussed in Item #5, following. Fire protection is readily available from Station #1, one mile distant via Michigan Avenue (Sections 52.07C-3; 59.05C)

  2. Wetlands and brush are located in the NW and NE corners of the site, with the proposed stormwater detention basin located between them. The two wetlands will be preserved as permanent open space. Preservation should be secured by means of conservation easement from the property owner to an agency approved by the Township Board. (Section 52.07C-4, 5)

  3. In considering traffic volumes and patterns, the Planning Commission notes that the proposed building will replace an existing building with the same use. The proposed building will be 131,320 square feet in area, about 30,000 square feet larger than the existing building. Therefore, the property is already generating commercial traffic. The proposed building will merely result in an increase in traffic volumes.

The petitioner prepared a traffic study for the proposed development. The Washtenaw County Road Commission [WCRC]. reviewed the study and concluded the following improvements should be made on Carpenter Road: Attachment #2 Page 5

The existing driveway should be removed and a new driveway constructed as far north on the site as possible.

A left turn lane should be added from Michigan Avenue to a point north of the new driveway.

A right turn lane should be added from the new driveway south to Michigan Avenue

The petitioner has consented to make these improvements and the improvements are shown on the area plan.

The existing driveway on Michigan Avenue will be used. Michigan Department of Transportation [MDOT] has not required improvements to either the driveway or Michigan Avenue (See letter dated October 21, 2002.)

The undeveloped parcel between the existing McDonald's site and the proposed driveway on Carpenter Road, identified as Parcel "D", will utilize the internal driveway system on the Sam's Club site for access. The parcel will not have direct driveway access to either Carpenter Road or Michigan Avenue The petitioner has submitted a letter from the owner of Parcel "D", Michael Berry, that states that the owner agrees with the relocated driveway on Carpenter Road and to limit access to his parcel, Parcel "D", to the interior driveway, identified in the letter as the ring road, and to prohibit direct driveway access to both Carpenter Road and Michigan Avenue. (See Berry letter, dated November 19, 2002.) However, the letter also states a right to an access point on the interior driveway at 175 feet from Carpenter Road. This conflicts with the notation on Sheet 5 that shows access to this parcel in an 85 foot wide band that begins at the west line of Parcel "D". The latter should be retained and the 175 foot location should be rejected at this time. Some adjustment in the location of the access point can be considered at the time a site plan is submitted for development of parcel D, but the Township should not commit itself to approving an access point that is only 175 feet from Carpenter Road. The Planning Commission does not know at this time where the west end of the exit lanes stack will occur during peak hours.

MDOT might reconfigure the US23/Michigan interchange. In that event some of the existing right of way for the northbound entrance ramp might become available as a parcel of land for development. This parcel should not have direct access to Michigan Avenue. A possible alternate access would be from the interior drive system of the Sam's Club site. (Section 52.07C-6, 11)

Attachment #2 Page 6

  1. The property is currently developed with a commercial use. The site is adjacent to a freeway on the west, and industrial subdivision to the north, a restaurant and undeveloped commercial property to the east, and commercial uses and vacant commercial property to the south. Development of the property as proposed in the petition will have no adverse impacts on the character of the neighboring area. (Section 52.07C-8)

  2. The wetlands will be preserved. The existing building and pavement will be removed and the area between the two wetlands will be converted to a stormwater detention basin. The basin will create an open space connection between the wetlands. Some existing trees along the US23 entrance ramp will be removed by proposed grading. Landscaping can replace the plant materials to be removed in this area. (Section 52.07C-9)

  3. The petition provides sidewalks on both street frontages and a sidewalk between the street sidewalks and building. (Section 52.07C-11)

  4. The proposed change in zoning is supported by a change in the Comprehensive Plan as it applies to this area. The previous Comprehensive Plan designated the area for highway commercial uses and the south part of the property in the petition was zoned C-3, for highway commercial use. The current Comprehensive Plan designates the area for community commercial and related uses and the petition is consistent with that designation. (Section 59.05A)

  5. Approval of the petition might set a precedent for PUD zoning for the undeveloped commercial property to the east and the underdeveloped commercial land to the south. Such changes would be consistent with the Comprehensive Plan, provided the uses proposed in such petitions are consistent with the Plan. (Section 59.05B) 11. Approval of the petition should have no adverse impact on the value of adjacent properties for community commercial and related uses. (Section 59.05D)

Attachment #3

RESOLUTION #2 RECOMMENDATION OF APPROVAL RZ 02-1 SAM'S CLUB PITTSFIELD TOWNSHIP PLANNING COMMISSION February 20, 2003

WHEREAS The Pittsfield Township Planning Commission held a public hearing on this petition on May 2, 2002; and

WHEREAS The Pittsfield Township Planning Commission has reviewed the petition and required a number of changes in the area plan; and

WHEREAS The Pittsfield Township Planning Commission has determined by separate resolution that the petition meets the standards for a PUD district as provided in Section 52.07C of the Zoning Ordinance and for a zoning amendment as provided in Section 59.05 of the Zoning Ordinance, provided certain conditions are met; and

WHEREAS The area plan part of the petition, being 12 sheets, date stamped December 26, 2002, as received by Pittsfield Township, and as revised in accordance with this resolution, is also the preliminary site plan for the proposed development;

NOW THEREFORE BE IT RESOLVED That the Pittsfield Township Planning Commission recommends that the Pittsfield Township Board approve petition RZ 02-1, Sam's Club;

BE IT FURTHER RESOLVED That the Pittsfield Township Planning Commission approves the preliminary site plan for the proposed development, provided that the approval shall be in effect only after the Township Board approves this petition;

BE IT FURTHER RESOLVED That the Planning Commission recommends the Township Board approve the proposed height of the building, with a maximum height of 41 feet-8 inches;

BE IT FURTHER RESOLVED That the following revisions be made in the area plan before the petition may be transmitted to the Township Board:

  1. The conservancy area shall be delineated on Sheet 5.

  2. A time period shall be assigned for starting and completing each phase of the project and shall be shown on Sheets 10 and 11.

  3. All architectural elevations shall be included on 24 inch x 36 inch sheets. Attachment #3 Page 2

BE IT FURTHER RESOLVED That the Pittsfield Township Planning Commission recommends that the Pittsfield Township Board attach the following conditions to its approval of this petition:

  1. Uses permitted on the property shall be limited to the following:

  2. A Sam's Club membership store or similar establishment, in a building with a maximum floor area of 131,320 square feet.

  3. One fueling station with a maximum of six pump islands, for service to Sam's Club members or members of a similar establishment only.

  4. The landscape plan is acceptable as a concept only. Changes might be required as a result of review of the final site plan.

  5. The water, sanitary sewer, and storm drainage layouts are acceptable as concepts only. Changes might be required as a result of review of the final site plan.

  6. The petitioner shall provide the improvements to Carpenter Road, shown on the area plan, as required by the Washtenaw County Road Commission [WCRC]. The improvements shall be completed to the WCRC's satisfaction before the Certificate of Occupancy may be issued for the new building.

  7. The stormwater detention basins shall be designed, constructed, and maintained in accordance with the Washtenaw County Drain Commissioner's [WCDC] approval and standards.

  8. The petitioner shall enter into a development agreement with the Township Board before the Planning Commission may approve the final site plan.

  9. The petitioner shall provide a conservation easement over the conservancy area delineated on Sheet 5 of the area plan. The easement shall be granted to an agency approved for the purpose by the Township Board and shall be executed before the Planning Commission may approve the final site plan.

  10. The undeveloped parcel of land between the McDonald's property and the proposed driveway to Carpenter Road, identified as Parcel "D" on Sheet 5 of the area plan, shall utilize the internal drive system of Sam's Club for access. The petitioner shall provide an easement for access to the owner of Parcel "D". The easement shall be recorded and evidence of recording shall be provided to the Township before the Planning Commission may approve the final site plan. Parcel "D" shall not have direct driveway access to either Carpenter Road or Michigan Avenue. The driveway to Parcel Attachment # Page

"D" shall be located in the area delineated on sheet 5 of the area plan as "Access Drive Limits to Parcel "D" unless the Planning Commission approves an alternate location in its review of the final site plan.

  1. The petitioner shall provide vehicular access to any parcel of land between the west property line and the northbound entrance ramp to US23 that might become available for development as a result of a reconfiguration of the US23/Michigan Avenue interchange by MDOT.

Attachment #3 Page 3

  1. The petitioner shall obtain all permits required by MDEQ for discharge from the stormwater detention basin into the wetland. The permit shall be obtained before any exterior demolition, grading, or other site work may begin.

  2. All issues regarding phasing raised by the Township Engineer in items #3 and 4 of the Engineer's report dated February 5, 2003, shall be resolved before the final site plan may be approved.

  3. The petitioner shall provide at least 264 parking spaces in each phase during construction, except during November and December, at which time at least 330 spaces shall be available. Spaces used to meet these requirements shall be located in parking areas that are free from construction activities.


  

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