Pittsfield Charter Twp, Michigan

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

PITTSFIELD TOWNSHIP PLANNING COMMISSION AGENDA 

Members Present: Russell Banush, Julie Griess, Christina Lirones, Wilma Luna, Edward Resha, Andrea Urda-Thompson, Dennis Ward.

Members Absent: None

Other Present: Rick McKinney, Cynthia Watson, Chris Mile, Michael Dyer, Doug Davis, Jim Walter, Marsha & Joshua Keeler, Judith Comab, D.P. Greenquitt, Assistant Planner Jennifer Black, Senior Planner and Zoning Administrator Mark Spencer, and Recording Secretary Marge Burkheiser and Laura Ford.

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 Resha, supported by Commissioner Banush, to move item 7.1 of New Business and item 6.2 of Old Business to follow item 5.1 of the Public Hearing, to approve, as amended.

MOTION CARRIED

4.0 Items from the Floor

None.

5.0 Public Hearings

5.1 CUP 03-06 Miles of Golf [submitted for revised CUP]

Assistant Planner Jennifer Black reviewed her report. She stated the applicant has applied for a permit to operate a golf practice center, teaching academy, and a pro-shop. She said that on October 2, 1991 the Planning Commission approved Conditional Use Permit (CUP) 91-9 Pat’s Golf Land, to allow the operation of a driving range, pro shop and mini-golf. She said the CUP was updated one time in 1996 to allow the sale of food inside the building and on the rear patio during regular operating hours. She said the seating was limited to thirty (30) seats. She stated there are some improvements proposed although a floor plan must be submitted to make sure the expansion will meet the requirements for parking. She also stated restrictions were placed on the last CUP such as: the operating hours are to be seven (7) days a week 9:00 a.m. till 10:00 p.m. from the months of May 1 until November 1, 2003 and 9:00 a.m. till 7:00 p.m. from November 2, 2003 until April 30, 2003. She said vending machines must only be located in the building; these requirements refer to CUP 91-9. She further stated for CUP 96-1 the following conditions were applied: food sales will be only indoors and limited to snack bar type items, also no alcohol will be permitted.

Commissioner Banush stated a typo was found, CUP 93-1 should have been CUP 96-1.

1. Chris Mile, 3113 Carpenter Road, stated the change in the CUP came when an application for an addition to the building was submitted. He stated there will be no change in operation although they will be eliminating miniature golf.

2. Cynthia Watson, representing Arbor Heights Condominiums, stated the Public Notice read as an expansion. This concerned her because they have been having drainage problems. She stated on the southern end of the property there is a considerable amount of standing water. She said she looked at aerial photos from 1978, 1988, and 1999 and there was only water in the 1999 picture. She feels this is because the berms that were put up in 1996-1997. She said Madison Place has put in a berm on this area and there is now a big ditch. She is assuming this may be a Drain Commission project. She also stated a lot of storm water runoff is coming from Packer Road with no where to go. She is asking the Planning Commission to take into consideration their concerns prior to allowing any earth moving activity, and also to look into the problem with the water. She further stated the residents are concerned with the safety nets because their children could potentially be hurt. She said she would like to have someone she could contact if there are any problems with the safety nets.

3. Miles stated he was the person she could contact; he then gave her his card.

4. Watson stated she has seen other condominiums and apartment buildings that have storm water runoff areas. She said if the water reached the height where it went into their overflow area the back parking lot on the Arbor Heights property would flood. She feels this could all be solved by using drainage tile in the big drainage ditch.

Chairperson Lirones asked if there were drainage problems in the past.

1. Watson stated there was a drainage problem but it was related to the sewer.

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

MOTION CARRIED

Item 7.1 of New Business CUP 03-06 Miles of Golf Item 6.2 of Old Business CSPA 03-08 Miles of Golf

Planner Black reviewed her Planner’s report. She stated the applicant is proposing to increase the floor area for retail office and storage space. The site plan also includes an expansion of the parking lot and covering the open driving tees adjacent to the rear of the building. She said more information regarding the type of materials that will be stored under the expanded storage area needs to be given. Also the linear feet of the tee area needs to be received so the parking can be determined. She also stated the total impervious surfaces, and a floor plan depicting current and proposed usage is needed. She said the Land Development standards require a maximum of twenty (20) spaces without an island. He also said the new islands must be ten (10) feet wide. The Zoning Administrator added that the new parking spaces can not be non-conforming. He said the applicant should add islands on the east side which would make the site in compliance with the Township Ordinance. Planner Black added the applicant needs to repair the sidewalk on the east side of Carpenter Road although the Planning Commission should decide if a sidewalk is needed from the building to Carpenter Road. She said the Planning Commission needs to decide if a photometric plan needs to be provided to ensure the new spaces are illuminated. She said the parking requirements need to be planned before the landscape plan can be completely analyzed. She mentioned the Planning Commission may ask to receive preliminary WCRC approval before making a decision on the access management.

Senior Planner Spencer stated staff was previously unaware of the drainage problems. They have investigated the approved site plan for 1995 - 1996 and noticed a swale was supposed to be constructed and a pipe installed to drain Arbor Heights into the Carpenter Road drain.

1. Miles stated his partner Doug Davis said there is a pipe there. He also stated this area was recontoured after 1995 by the WCDC and the swale could have been eliminated by the Drain Commission.

Planner Spencer said a swale and a pipe were not shown on the new site plan. He said it is typical for the Drain Commission to check with the Township to see what the approved plans are for those areas. He stated they may have just blocked it and the pipe is still there. He said if they are responsible, then the Drain Commission will have to correct it, although if this happened from grading to improve the golf course, then the applicant would need to correct it.

1. Miles stated there was no grading done back there.

Planner Spencer stated the Planning Commission should discuss the sidewalk situation, and he suggested having an arborist examine the health of the ash trees. He said the Planning Commission allows existing trees to be credited towards the required trees, and if these trees are not healthy, they should not be credited.

Commissioner Ward stated all of these trees are going to go according to the studies he has heard because the emerald ash borer poses a threat to these trees.

Chairperson Lirones asked if it was fair to not count them towards the trees.

Planner Spencer stated this is a final site plan matter and there is no need to decide tonight. He added they can provide the calculations of what should be done for landscaping.

Commissioner Ward mentioned these trees should be replaced today. It may be for the safety of the patrons.

Chairperson Lirones stated she does not mind waiting until the trees get sicker or die to replace them.

Commissioner Griess stated she attended a meeting on the subject of the ash trees. She said there are injections and ground treatments that can be done, and she believes it would be possible to save these trees if they are in good health now. She added it costs money to inject them and to cut them down.

Commissioner Banush stated he had one of his ash trees treated and so far it looks ok although it will take time to see if it was effective. He feels it would be good to replace the tree with a more resistant tree if it dies in the future.

1. Miles stated they have no problem with this. He said they have not done anything to the trees, and they feel since the trees are not that old, it may not be worth it to save them.

Commissioner Ward stated if Mr. Miles has more ideas, he could put them in his next submittal, and the Planning Commission and staff could review them.

Commissioner Griess asked if they were planning to do any more with food than just the snacks.

1. Miles stated there will be vending machines but no expansion on the food.

Chairperson Lirones stated the applicant should provide lighting for the new spaces.

1. Miles stated he does not know if this would add anything since they close at dusk.

Commissioner Ward stated before proposing a condition like this he would like the Public Safety Department to comment on the idea. He stated he is concerned with the residents’ safety.

Planner Spencer mentioned how well the parking lot is lit is an unknown commodity and with the hours of operation there could be times where employees would be in the parking lot.

1. Miles stated he does not see this as a major issue because about 80% of the parking lot would be lit.

Planner Spencer suggested that at least one additional light should be added. He stated these lights were designed to cover the existing parking lot and new spaces may not be illuminated.

Commissioner Ward stated if the applicant is going to be asked to provide a light, then a photometric plan should be provided.

Chairperson Lirones stated they should add a light.

Commissioner Ward suggested the planning staff go to the site.

Chairperson Lirones stated there should be a sidewalk from the building to Carpenter Road.

1. Miles stated the problem with a sidewalk is that it would lead into the garage and it would basically take you nowhere.

Chairperson Lirones stated they are looking for a pedestrian pathway.

Planner Spencer stated a sidewalk could be placed along the north parking lot, and then it could cross the island and connect to the sidewalk in front of the building.

Motion by Commissioner Ward, supported by Commissioner Resha, to postpone CSPA 03-08 Miles of Golf and direct the applicant to address the following:

1. Items number 2, 3, and 4 of the Township Planner’s report dated November 13, 2003.

2. The Township Engineer’s report of November 11, 2003.

3. Provide a mitigation plan to replace the ash trees.

4. Provide an island on the east side of the parking lot to reduce the adjoining parking spaces to 20 or less.

5. All new parking spaces must be 10 feet wide.

6. Provide a sidewalk connection from the building to the sidewalk on Carpenter Road.

7. Investigate drainage problems on northeast corner property line and correct as necessary.

MOTION CARRIED

Motion by Commissioner Ward, supported by Commissioner Banush, to postpone CUP 03-06 (Miles of Golf) until action is taken on the preliminary site plan for CSPA 03-08 Miles of Golf.

MOTION CARRIED

6.0 Old Business

6.1 CSPA 01-10 Discount Tire [submitted for final site plan]

Planner Spencer reviewed Planner Schmult’s report. He stated at the last meeting the applicant was asked to provide a sidewalk along the north side of the private road, and he has done this. He said there is an issue with the net lot coverage. On the plans it is shown as sixty–one (61) percent although it may be closer to fifty- eight (58) percent. He said this would require a variance if they go over sixty (60) percent. He also said the sign location is acceptable, but the sign itself is a different permit. He also stated the Gordon Foods private road must be built and approved by the Township before a Certificate of Occupancy is granted. He mentioned the Township Engineer has minor issues such as the details that are needed for the oil separator that was added, and the wall mounted lights are not acceptable because they are not fully cut off fixtures. He further stated they have been asked to provide a note in the soil erosion notes that states the site has to be stabilized within 5 days of grading. The applicant needs to show the trucks entering and leaving the building; there are concerns with semi’s.

Motion by Commissioner Banush, supported by Commissioner Luna, to approve the final site plan for CSPA 01-10 Discount Tire with the following conditions:

1. Provide evidence that the net lot coverage is less then 60%.

2. The Gordon Food private road must be built and accepted by the Township before a Certificate of Occupancy is issued.

3. Provide a copy of a recorded road maintenance agreement before a Certificate of Occupancy is issued.

4. Comply with the comments of the Township Engineer’s report of November 14, 2003.

MOTION CARRIED

Item 6.2 moved to follow item 5.1 and 7.1 of the Public Hearing

6.3 CSPA 01-16 Heritage Falls [submitted for a revised final site plan]

Planner Spencer reviewed his Planner’s report. He stated the applicant has removed the trees the Planning Commission told them to save, the gazebo was moved, a street light was moved, the pond design was changed and the entry structure was changed. He said the Planning Commission should consider having the lighting consultant review the street light that was between the sidewalk and the street, and it is now 15 feet to the west. He said it may not illuminate the sidewalk and entry way like it was designed to do. He said the applicant added 9 canopy and 4 conifer trees to the landscape plan which amounted to about 22 ½ inches of tree credits for the canopy trees. He stated they removed about 121 inches of woodland trees, and none of those trees were heritage trees. He added the Land Development Standards call for woodland trees to be mitigated at 50 percent and these trees were in a canopy of greater than a quarter acre which was determined to be woodland. He mentioned the entry structure is now a foot inside of the site triangle that they try to maintain between a right-of-way and a driveway. He said the rock retaining wall was moved. This was a 5 foot high wall, but now in its place there is a one-on-one slope (45 degree slope) for about sixty (60) feet. He feels this could be prone to erosion. He stated they are missing details on the sidewalk to the gazebo, and previously a wood chip path was discussed to lessen the disturbance of the trees. He said the Administration stated if this is a place for seniors, it may need to be ADA compliant.

Commissioner Ward stated this is unacceptable. He said there was an agreement with the applicant and now it is the Planning Commission’s obligation to send a strong message.

Chairperson Lirones stated they could take the position that the features need to be put back and without those trees being there he should not get a pass on the path.

Commissioner Banush stated the standards call for heritage trees to be replaced at 200 percent without having approval of the commission in advance. He then asked if there is a percentage woodland trees can be replaced at.

Commissioner Ward stated that according to the Land Development Standards the Planning Commission does have the authority to change the percentage from the minimum standards.

Commissioner Griess stated the letter says it is not a woodland and it is only 0.15 acres.

Commissioner Resha asked if the violations the applicant imposed on himself against an approved site plan, constitutes us keeping his building permit.

Planner Spencer stated the building permits were all issued but they could hold the Certificates of Occupancy for not being in compliance with the site plan.

Commissioner Resha stated this is not fair to the Commission or the people buying homes.

Chairperson Lirones stated she would like to see everything go back to the way it was and a better pathway be built along with the penalty assigned for the trees.

Motion by Commissioner Resha, supported by Commissioner Banush, to postpone action on the revised landscape plan of CSPA 01-16 Heritage Falls and require the developer to conform to the approved site plan with the addition of:

1. Mitigation for the additional trees that were removed at 100%.

2. Replacement of the mulch trail with a ten foot wide asphalt path on the north side of the project.

3. No Certificates of Occupancy will be issued until the mitigated trees are planted after the landscape plan is approved.

4. Modification of Development Agreement to include the approved modified site plan.

5. Require the developer to submit a complete revised plan set to the Planning Commission for their approval.

   MOTION CARRIED

7.0 New Business

Item 7.1 moved to follow item 6.2 and 5.1 of the Public Hearing

7.2 CSPA 03-24 Bob Evan’s Rebuild [discussion only]

Commissioner Resha stated he thought the road that separates the properties was originally agreed to be paved.

Planner Spencer stated they have researched this and no evidence was found. He said they did agree to cooperate in a special assessment district if there is a special assessment district needed for improving this road.

Chairperson Lirones stated that Comfort Inn would override any special assessment because they own more than 51 percent of the frontage.

Planner Spencer reviewed the Planner’s report. He stated this is a rebuild on the existing site. The reason it was not on the agenda for action is because they are increasing the building footprint by seven point nine one (7.91) percent, and anything over five (5) percent requires a major change in the PUD District. He said they need to have a floor plan with a stated seating capacity to make sure there are adequate parking spaces. He mentioned the parking lot is losing six (6) parking spaces because they are installing islands, although they could gain some spaces and keep the islands. He also said this was approved as a PUD with nine (9) foot parking spaces. He said the WCRC asked the applicant to reduce the number of driveways to one. He also stated the landscaping is less dense in the rear than was depicted on the approved area plan and the applicant may need to provide additional screening. The small shrubs used to keep litter off neighboring properties are not in place, and there have been complaints of litter from residents on Crystal Drive. The PUD stated the light poles needed to be eighteen (18) feet in height. The applicant wants them to be twenty-five (25) feet. This will require a minor change to the PUD. He said the Planning Commission should discuss the nature of the shed and the refrigerator. He reviewed Planner Schmult’s report, who asked for tree protection fencing been installed to protect the existing landscape. He also said the loading area should be called out on the plan so it is known where the service trucks will load and unload. He stated construction traffic should be limited to Carpenter Road and no parking or storage should be permitted on Crystal Drive. He said twelve (12) canopy trees and two (2) ornamental trees are provided on the plan. They are retaining eleven (11) canopy trees and fifty-seven (57) pine trees. The Planning Commission could determine if this meets the requirements. He also mentioned the rear berm has gaps that need to be filled in. Planner Spencer stated the Township Engineer said an area plan needs to be provided and the WCDC has an issue with how much of the site needs to be redesigned for drainage standards. He said on existing sites it is only the new disturbed area that needs to be in conformance. He said they will need to discuss with the Drain Commissioner the concept of a maintenance overlay of the existing pavement instead of a total re-working of the pavement.

Rick McKinney, representative for Bob Evans, stated the lights on the front of the building do face up.

Planner Spencer stated there should be no lighting under the canopies because this would be considered a sign.

1. McKinney stated they want to bring the new buildings up to date with the brick on the building.

Chairperson Lirones stated there may be a difficulty with changing the building so much that you need a major change to the PUD. This may require you go back through the rezoning process.

Planner Spencer stated they thought there would be less than 5 percent change. He said if this is a major change there will be a $1,000.00 application fee and a $2,000.00 deposit and it will have to be recommended by the Planning Commission and go to the Township Board twice.

Commissioner Resha asked if the applicant was removing 1,500 square feet of pervious surface.

1. McKinney replied yes. He said most of this is along both sides of the building and in the back.

Commissioner Resha stated he was worried about the parking on the weekends because it will be busy and he has seen cars block each other because there were not enough parking spaces.

1. McKinney stated he spoke with the engineer and they were reviewing everything so they had no comments for him.

Commissioner Banush stated he was concerned with the height of the lighting.

Chairperson Lirones stated she does not feel this should be done and asked if it was part of the PUD.

Planner Spencer stated this was a requirement of the PUD.

1. McKinney stated this will not be an issue. He also said the refrigerator is going out although he is not sure about the shed.

Planner Spencer asked what the structure on the back of the building will be.

1. McKinney stated this is the walk-in cooler.

Planner Spencer asked if this structure using different material than the rest of the building is acceptable to the Planning Commission. He also said the fake windows maybe should have window treatments on them.

Chairperson Lirones asked how the Planning Commission feels about the windows.

1. McKinney stated he preferred brick in these fake windows instead.

Commissioner Resha asked if the awning and the canopy over the front door are going to be metal.

1. McKinney replied yes.

Planner Spencer asked if the heating and the air conditioning units on the roof will be visible.

1. McKinney stated there will be a fake wall covering these units.

Commissioner Banush asked where the compressors for the cooler are.

1. McKinney stated they are most likely on the roof of the cooler.

Commissioner Resha stated a bigger wall on the dumpster would take away from some of the litter issues on the neighbor’s lawns.

1. McKinney stated he will mention this issue to the area director.

   7.3 Set Calendar for 2004

   Motion by Commissioner Banush, supported by Commissioner Resha, to approve the 2004 meeting schedule.

   MOTION CARRIED

8.0 Planner’s Report

8.1 CSPA 98-47 Rosewood Village revised landscape plan buildings 1-4

Planner Black reviewed her report. She stated the applicant submitted a revised landscape plan for buildings 1 through 4 for review, and the new plan was submitted as a result of the contractor planning items that were not on the approved plan. She said the Planning Commission should consider the following items; the applicant is proposing to plant only 6 different types of species whereas in the approved plan they had 15 different species. She also stated the applicant is planting in more areas but there will be only 4 additional plants. She said the Planning Commission should consider requiring the applicant to submit four full plan sets with the changes from the Planning Commission incorporated.

Planner Spencer said until this issue is solved there will be no more Certificates of Occupancy will be given.

Planner Spencer listed the species that are proposed. He said the City of Ann Arbor recommends not planting some of these species near a wetland because they can be invasive.

Chairperson Lirones stated she does not like how they limited the diversity.

Planner Spencer stated they have changed building 1 through 4.

Commissioner Ward stated he feels this is unacceptable.

Chairperson Lirones stated part of the problem is them not hiring a real landscape architect.

Planner Spencer said the Planning Commission can ask for the use of a real landscape architect. He also said he told them they could plant the minimum of what is on the plan and then they could plant additional plants. The entire Commission agreed this is unacceptable.

Planner Spencer also added a new assistant planner is starting December 1, 2003.

9.0 Chairperson’s Report

Chairperson Lirones stated she received a letter from Commissioner Robert Brackenbury on his opinions of Hickory Woods Golf Course rezoning. She feels this would be an opportunity to have him help the Township with his resources and support to create a park on this property. She said they look forward to working with the County Parks Commission.

Commissioner Thompson asked if the golf course was sold.

Planner Spencer stated we have not received a property transfer affidavit on this property.

Chairperson Lirones stated she has a Resolution for the protection of public park lands, and she would like the support of the Commissioners.

The Commissioners voiced their support for the Resolution.

Chairperson Lirones stated this Resolution will be put on the agenda for December 11, 2003.

10.0 Commissioner’s Report

None.

11.0 Approval of Prior Minutes

None.

12.0 Adjournment

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

MOTION CARRIED

Chairperson Lirones adjourned the meeting at 9:48 p.m.

_________________________________________________________________ s/Julie Griess, Secretary December 11, 2003