Pittsfield Charter Twp, Michigan

REGULAR MEETING October 2, 2003 7:30 P.M.

PITTSFIELD TOWNSHIP PLANNING COMMISSION MINUTES 

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

Members Absent: None.

Others Present: Nicholas Miller, Ethan Hardwick, Josie Parker, Walt Gutekunst, Michael Riein, Dan Mooney, Tim Hader, Robert Mitchel, Jim Burns, Cindy Ewins, Tom Kerney, Maxine Fosdick Lossing, Brian Smola, Amy Smola, Kathy Clark, Scott Wyatt, James Walter, Judith Walter, Harry Fosdick, Mike Schamberger, Kathy Schamberger, Larry Zahn, Sundus Kubba, Robert Malcolm, Connie Zatsick, J. W. Falsetta, Mary Lee Blackmon, Assistant Planner Jennifer Black, Senior Planner and Zoning Administrator Mark Spencer, and Recording Secretary Jennifer Franklin.

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

Chairperson Lirones called the meeting to order at 7:41 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 Luna, supported by Commissioner Banush to move item 7.1 to follow item 5.1 and items 7.2 and 7.3 to follow item 5.2 and 5.3 and to approve the agenda, as amended.

MOTION CARRIED

4.0 Items from the Floor

None.

5.0 Public Hearings

5.1 RZ 03-05 Kesselring/Covington Investments LLC (709 Ellsworth) [submitted to rezone from I-1 to O-1]

Assistant Planner Black reviewed Carl Schmult’s report stating what the adjacent property uses are and she explained the effect on these properties and traffic, if the property was to be rezoned. She said the petition should be considered with the understanding that the existing building could be cleared and a new building constructed. The use is a reasonable use and is consistent with the Comprehensive Plan for the area. She also said the property has public services available and would not impact services.

Michael Riein, representing Covington Investments, explained the intention was to remove the vacated Airport Market building and construct an office building on the lot.

Chairperson Lirones opened the meeting for public comments.

Bryce Mitchell, a long time Pittsfield Township resident, asked if they were going to use local contractors or bring in outside labor.

Chairperson Lirones and Planner Spencer stated that using local contractors was not an issue for the Planning Commission to address.

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

MOTION CARRIED

7.1 RZ 03-05 Kesselring/Covington Investments LLC (709 Ellsworth) [submitted to rezone from I-1 to O-1]

Chairperson Lirones stated that this was a relatively small parcel, and was in compliance with the Comprehensive Plan for rezoning.

Motion by Commissioner Banush, supported by Commissioner Ward, to approve the resolution to recommend approval of RZ 03-05 Kesselring/Covington Investments to the Township Board.

The resolution reads as follows: "Be it resolved that the Pittsfield Township Planning Commission recommends approval of rezoning petition RZ 03-05 Kesselring/Covington Investments LLC. Based on the following findings: 1) Items #9.01- 9.05 of the Planner's report of September 26, 2003. Be it further resolved that the Pittsfield Township Planning Commission transmit the Township Planner's report on RZ 03-05 dated September 26, 2003 to the Township Board as the Commission's report on the petition.

Roll Call:

Ayes: Banush, Griess, Lirones, Luna, Resha, Ward.

Nays: None.

Absent: Urda-Thompson

MOTION CARRIED

5.2 CUP 03-05 Wal-Mart [submitted for a conditional use permit for a minor vehicle repair facility as part of their retail store [tire, battery and oil change garage] an attached outdoor garden center]

Planner Spencer explained the applicant proposed screening on the northwest side of the building. He stated the Planning Commission could condition approval such that all hazardous materials, chemicals and equipment being stored indoors. He also noted the Commission cannot take action on the Conditional Use Permit (CUP) until there is an approved site plan.

Nicholas Miller of Atwell Hicks, representing Wal-Mart, stated that there are provisions to handle the hazardous materials and there will be no outdoor storage of waste materials or equipment. He also said there are provisions to contain any spills that should occur.

Chairperson Lirones opened the public hearing.

Lee Limburg of 6511 State Road and on behalf of the residents on State Road, said that they object to any type of Wal-Mart store due to traffic congestion. She stated neither herself or any of the other residents in the area approve of this project.

Jim Burns, spoke on behalf of the electrical workers, the building trades members and residents of Pittsfield Township stating that Wal-Mart is a disruption to the community along with the increased traffic issues and the loss of local jobs. He also said this should not be approved.

Mike Schamberger, resident of Country Creek, stated he was concerned about traffic issues, property values and that Wal-Mart is not a “good fit” for the image of Saline and the area.

Scott Wyatt, resident of Country Creek, said he moved in before the [Country Creek Village] shopping center was completed and feels the area has now become a mess. He said he was told by the developer of the area there would be landscaping: a berm with trees and would be an “upscale” center. He also said Wal-Mart is not in the image of the area or the concept of an “upscale” center. He said he is against this proposal.

Chairperson Lirones explained the Township can not choose the business that will go in there. She said they can regulate land use stringently but by law they can not pick and choose the company.

Kathy Clark, resident of Country Creek and a small business owner, stated the infrastructure is not available to support the business, and the wildlife has moved out since she has moved to the area. She said she did not want to see the roads improved just to support the new business.

Connie Zatsick, 4847 Merritt Road, asked if Wal-Mart would be recycling the used oil.

Chairperson Lirones stated the Commission could certainly ask the applicant that and would request that information.

Bryce Mitchel, a resident, stated that the Planning Commission is the first line of defense and whatever you can do will help the economy. He said this will have a negative effect on the area and will cause the demise of the small business owners. He stated he was strongly opposed to this.

Joe Galvin, lawyer representing Wal-Mart, said we are here tonight for the Conditional Use Permit and the uses requested. He said these are accessory services to the larger permitted retail business and will not make any material difference to the impact of the facility. He said they have met the criteria for a Conditional Use Permit. He also said the oil products will be disposed of under the State and Federal requirements.

Lee Limburg inquired if the traffic was a consideration.

Chairperson Lirones explained that traffic will be addressed with the site plan review.

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

MOTION CARRIED

7.2 CUP 03-05 Wal-Mart [submitted for a conditional use permit for a minor vehicle repair facility as part of their retail store [tire, battery and oil change garage] an attached outdoor garden center]

Planner Spencer discussed the plan that was presented by Wal-Mart to the Commission. It was noted the site is visible on all sides and that landscaping will be an important issue and that the site should be harmonious with the area. He noted the applicant has also submitted a site condominium plan that will integrate the whole site. This would have to be approved before the site plan could be approved.

Commissioner Resha inquired about a berm around the oil change facility.

Planner Spencer noted this was a “concept” plan now.

Nick Miller, engineer with Atwell Hicks, this site will meet the needs for the area. He said that whatever it takes to screen certain areas will be done. He noted this will be the first store in Michigan that will have decorative glass.

Commissioner Banush asked Mr. Miller to define “full height”.

Ethan Hardwick, the architect representing Wal-Mart, stated “full height” meant it will be high enough to fully screen the truck trailers.

Commissioner Ward inquired about the open space and whether it will be a conservation area.

Nick Miller said yes and they will be applying to MDEQ for the required documents.

Commissioner Ward stated he felt the current design was “boxy” and drab and hoped there would be attention to landscaping details. He also mentioned concern of “night time” noise [i.e. hi-lows, music etc.] for the surrounding area. He also mentioned lighting concerns.

Commissioner Griess stated she felt these uses are different from the previous application and asked if Mr. Galvin had intentions to build on this site.

1. Galvin said he would have a report on the company’s position as far as building on this site.

Commissioner Resha addressed Mr. Miller regarding the federal regulations for oil spills and where they would accumulate.

1. Galvin said he did not know possibly Mr. Miller knew; otherwise they will have an answer for the next meeting.

   Chairperson Lirones asked if there are hours of operation established.

Planner Spencer stated that hours of operation could be restricted with the Conditional Use Permit. He said typically garden centers close between 8 p.m. and 9 p.m. and the use of hi-lows at night (if they cause a noise problem) is regulated along with some other items, per the Zoning Ordinance.

Commissioner Banush inquired if someone is operating a landscaping supply business that does not allow landscaping business per say and said a Conditional Use Permit would not allow that landscaping service other then the sale of supplies.

Commissioner Ward asked if Wal-Mart was planning to have outdoors sales with respect to the Conditional Use Permit. He also stated that in the past they would look into limiting outside displays or restricting the space if a company owner does plan to have outdoor sales.

Planner Spencer stated that Wal-Mart has not applied for outdoor sales in this facility as part of the Conditional Use Permit.

Commissioner Luna asked if any other future traffic studies were going to be conducted.

Planner Spencer stated that as part of the Site Plan Review process traffic studies probably will be required by the Road Commission if not already asked for them. MDOT may or may not require a traffic study also. The applicant has addressed the Planning Commission’s ingress/egress concerns of Michigan Avenue, with a right in right out only on Michigan Avenue.

Nick Miller stated the Road Commission is going to ask for paving on State Road and improvements to Old State Road. He also said they may also look at having a restricted access sign to the site from State Road.

1. Miller stated they will supply traffic studies. One study has been completed and will be submitted to the Township. They started with the Township’s Comprehensive Plan and felt they addressed that part of the traffic issue. They then went to the Road Commission who reduced the site to three access points, which will be the signal at the High School, a right-in-right out on Michigan Avenue, and to separate customer traffic from delivery traffic. There will be an access on Old State Road. Old State Road does need to be updated to an all season road.

Chairperson Lirones asked the applicant if they were proposing the truck access from Old State Road.

Nick Miller replied yes, they were planning to have the truck access from Old State Road. The location from the access per the direction from the Road Commission has been to locate the midpoint of Old State between State Street and Michigan Avenue.

Commissioner Resha inquired if the driveways on the plan meet our curb cut regulations.

Planner Spencer replied there were some minor changes made to meet our access management section of the Zoning Ordinance. Moving the driveway up to the midpoint of the site on Old State Road is going to eliminate the problem. They were trying to save an old tree although saving the trees there may be difficult.

Nick Miller stated they are still waiting for the Road Commission to give them direction on that issue. He said it is mainly shoulder work. There is a significant tree there and they would make every effort to preserve that feature. It could soften the look of the retail theme. He believes that minimum road improvements would have to be made.

Commissioner Resha asked who the burden of improvements and the costs would fall upon.

1. Miller stated the costs would fall upon the developers and Wal-Mart. The taxpayers in the form of the Road Commission have no money for improvements.

Motion by Commissioner Ward, supported by Commissioner Banush, to postpone CUP 03-05 until site plan for CSPA 03-16 is ready for approval.

MOTION CARRIED

7.3 CSPA 03-16 Wal-Mart [submitted for discussion only]

Chairperson Lirones stated that changes have been made to avoid cut thru traffic on the property. She also stated that there has been more effort to save trees near the bank.

1. Miller explained a “T” intersection has been placed to eliminate the straight drive. Mr. Miller further discussed the changes being made to improve thru traffic.

Chairperson Lirones asked if it was right in right out only onto Michigan Avenue.

1. Miller stated that is what has been proposed and submitted to the Highway Department.

Commissioner Banush asked if traffic going westbound could still enter off Michigan Avenue.

1. Miller answered that making a left onto Michigan Avenue will be virtually impossible.

Commissioner Griess asked if I were going eastbound on Michigan Avenue could I still make a left turn to enter this complex.

Nick Miller stated you could not turn left into the site.

Chairperson Lirones asked if a median would be necessary to make it impossible to turn left into the complex.

Nick Miller replied that yes a median may be required. There will be a sign directing the right in/right out movement and prohibiting left turns in.

Commissioner Banush asked if the plan will go before MDOT before coming to us to be sure that this is approved by MDOT.

Planner Spencer said MDOT will not give any preliminary approvals anymore. He said a staff meeting with MDOT will have to be arranged to make sure the sign is acceptable with them.

Commissioner Resha asked how far it is from the Michigan Avenue right in right out entrance to the corner of Moon and State Roads.

1. Miller answered roughly 500 to 800 feet.

Commissioner Luna asked Planner Spencer who orders the traffic impact studies.

Planner Spencer stated that either the WCRC or MDOT could ask for a study. Planner Spencer asked if the applicant has asked for one on the [traffic] impacts on Michigan Avenue.

1. Miller stated the study was done by Parson’s Group who has been actively involved in planning work on Michigan Avenue with MDOT.

Chairperson Lirones asked if the small park they are proposing is for the public.

Nick Miller replied, yes, the park is for the public and that they are looking for guidance on how the park is to be designed.

Commissioner Banush asked if this would involve the Parks and Recreation Commission.

Nick Miller replied he would work with anyone including the Parks and Recreation Commission to help with the planning.

Commissioner Ward asked about the redesign of the intersection and traffic stacking. He said State Road has been a problem for years and that at peak times the traffic could be a real problem.

1. Miller stated he would ask Parson’s Group to answer that question.

Commissioner Banush asked if Wal-Mart will be able to provide customer counts for a facility of this size, providing five or six examples.

Planner Spencer informed the public and the commissioners that MDOT is working on expanding Michigan Avenue to Saline. He said MDOT’s preferred alternative includes making Michigan Avenue a four lane boulevard at this location.

Commissioner Ward asked about pedestrian traffic, cross walks and signs. He stated he is concerned with all the student traffic. He did not see a crosswalk in the plans or appropriate signage for the crosswalks. Also, the residents of Country Creek may want access to the stores. Walking and pedestrian access can be a huge benefit for the community. He said the crosswalks need to be addressed and the community needs to be involved.

Planner Spencer stated if there are no sidewalks available at the access point; crosswalks can not be installed. He noted that as a site plan is submitted for each individual building, the Township would make sure that pedestrian connections are provided to each building.

6.0 Old Business

6.1 CSPA 03-13 Washtenaw Center (submitted for preliminary site plan)

Planner Spencer stated this is a proposal for a small strip shopping center at the former Bally's [Vic Tanny] site. He said they are improving access to this site by eliminating one driveway. He said this is on an existing site and it does not meet the Zoning Ordinance access management standards. The Planning Commission can determine that plan is acceptable. Planner Spencer discussed a proposed wall in a smaller transition strip.

Assistant Planner Black reviewed Carl Schmult’s report stating concerns such as: the vehicle turning radius on the northeast part of the site is too tight for the large semi trucks. She said the sidewalk in front of the building should be extended northwest to the driveway west to provide a connection with the sidewalk leading to Washtenaw Avenue.

Chairperson Lirones asked the applicant if they have had any discussions with Ann Arbor Transit Authority (AATA).

Tim Hader of Schonsheck, stated he has had discussions with Chris White, Planner for AATA, regarding updating the bus stop area and providing a shelter. He said AATA requires fifty transfers a day which our site does not meet currently. He also said the AATA would provide a shelter if the business provided the pad. He also noted the bus stop has not been updated because it would have to be made ADA compliant, which AATA is recommending. He noted that currently AATA is considering updating the pad and putting a bench on the site.

Chairperson Lirones stated that she was mostly concerned with the vehicle circulation.

Tim Hader stated a semi can now circle the building and that they were concerned with the right hand turn from Washtenaw into the property. He said they could reduce the radius on the property although this will not change the overall width of the approach of the truck.

Planner Spencer stated they need to demonstrate how a truck coming from the west on Washtenaw Avenue making a right turn into the property will do this without using the left turn lane or crossing the island on the west side of the driveway.

Motion by Commissioner Ward, supported by Commissioner Resha, to grant CSPA 03-13 Washtenaw Center an exception to the Township’s access management regulations based on the following findings:

1. Practical difficulties exist on the site since this is an existing small site in a developed area. 2. Complying with the off-set drive requirements would create other non-complying access management problems. 3. The proposed design complies with MDOT’s access standards. 4. The shared access drive is existing and it does not create any non-compliant access to adjacent lands. 5. One shared access drive is the minimum number of access drives needed to make this site functional.

MOTION CARRIED

Motion by Commissioner Ward, supported by Commissioner Banush, to approve preliminary site plan for CSPA 03-13 Washtenaw Center and find the proposed transition strip dimensions and encroachments acceptable and require the following corrections be made on the final site plan:

1. Provide adequate access for semi-trucks 2. Provide a sidewalk connection between the sidewalk adjacent to the building and the sidewalk along the west side of the driveway. 3. Address the concerns of the Township Engineer’s report of September 26, 2003. 4. Depict improved bus stop.

MOTION CARRIED

6.2 CSPA 03-18 Oak Valley Branch Library [submitted for discussion only]

Chairperson Lirones stated her concern about the driveway access in regards to the drop off area in front of the library. She said she felt it was important to have a drop off lane and would like to see work done along with the Road Commission.

Planner Spencer stated the Road Commission has had some concerns about people being dropped off in front of the library. He said this may need to be marked with a "no parking/no standing" sign with a possible "bypass lane". He then reviewed Planner Schmult’s comments stating the parking area may be too close to the creek. He noted Staff has had discussion with the Township's wetland consultant and there are wetlands that run along the stream bed to the west side of the property line. He said they will have to be re-delineated and placed on the site plan. He also said there is an encroachment into the wetland buffer area and the 100 foot stream buffer was maintained. It would be impossible to develop the site. He further said the wetland plants are not of high quality and the applicant would like to see the quality of vegetation improved. He also said the Fire Marshall would like to see three-sided access to the building or a minimum of access from two sides of the buildings.

Chairperson Lirones stated she would like the applicant to meet with Township officials, the Fire Marshal and the Township Engineer to discuss the road access to the building. She also stated the library is planning to hire a landscaping firm who is knowledgeable about the native vegetation and landscaping. Andrea Kemp, from the Site Design Studio stated she will be the landscaping architect. She stated they will be terracing back from the stream bank for a possible storage area for large events and that this will create a flat area that would soon increase the wetland area.

Planner Spencer asked if there was a 100 year flood elevation.

1. Kemp stated there were no building areas within the potential 100 year flood elevations. She then assured the Commission the flood elevations will not reach the bottom of the building.

Chairperson Lirones stated she feels we are gaining a lot more than we are losing on this site.

Commissioner Ward asked if there would possibly be any sort of educational programs offered.

1. Kemp stated they had talked about a "board walk" system but had not put it in the design because of financial reasons.

Motion by Commissioner Resha, supported by Commissioner Luna, CSPA 03-18 Oak Valley Branch Library to find that the depicted encroachment into the 100 foot stream buffer as required by the Township’s Land Development Standards is acceptable and the depicted encroachment into the 25 foot wetland buffer as required by the Township’s Land Development Standards is acceptable, and to direct the applicant to:

1. Work with the Township Fire Marshall and the Township Engineer to provide adequate emergency access to the building. 2. Address items number 3.01, 3.02, and 4.02 of the Township Planner’s report of September 30, 2003. 3. Discuss placement of conservation easement on portions of the property with Township staff.

   MOTION CARRIED

7.0 New Business

7.1 RZ 03-05 Kesselring/Covington Investments LLC (709 Ellsworth) [submitted to rezone from I-1 to O-1]

Moved to follow item 5.1.

7.2 CUP 03-05 Wal-Mart [submitted for a conditional use permit for a retail store with tire, battery and oil change garage with an attached outdoor sales garden center]

Moved to follow item 5.2.

7.3 CSPA 03-16 Wal-Mart [submitted for discussion only]

Moved to follow item 5.2.

8.0 Planner’s Report

Planner Spencer stated that the Sam’s Club applicant ran into problems with the Washtenaw County Road Commission. The Road Commission has determined that the taper Lane on the east side of Carpenter Road needed to be extended well past the driveway entrance into the Sam’s Club property. He said this could encroach into the wetlands on the east side of Carpenter Road by about 2,000 to 3,000 square feet and as a result would need a wetland permit from the State. He noted this has delayed the applicant from getting a permit from the Road Commission and has asked the Planning Commission to change the motion of approval of the site plan to state that the Road Commission approval needs to be done at a later date. He said since this was a condition of approval in the motion, at this time, the Township is not allowing any site work to be done. He said the Planning Commission may want to consider an extension.

Planner Spencer asked Mr. Miller, if the road improvements would be installed in 2004 and if the Road Commission would have to remove these improvements when they rebuild Carpenter Road.

Nick Miller replied that was correct. The Road Commission would have to remove the improvements.

Motion by Commissioner Luna, supported by Commissioner Ward, to revise the final site plan approval for Sam’s Club CSPA 02-04 to require Washtenaw County Road Commission approval at a later date with improvements required by the Washtenaw County Road Commission to be completed before a certificate of occupancy is issued.

MOTION CARRIED

9.0 Chairperson’s Report

None.

10.0 Commissioner’s Report

Commissioner Ward, stated he received a flyer for Michigan River Alliance meeting on October 24 & 25, 2003 to be held at University of Michigan, Flint.

11.0 Approval of Prior Minutes

11.1 Minutes of August 7, 2003

Commission agreed to postpone approval of minutes.

12.0 Adjournment

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

Chairperson Lirones adjourned the meeting at 10:47 p. m.

__________________________________________________________________ s/Julie Griess, Secretary December 11, 2003