Regular Meeting

3/10/2010 Planning Commission Meeting

Agenda (click to view or hide)

Minutes (click to view or hide)

CHARTER TOWNSHIP OF GARFIELD
PLANNING COMMISSION MEETING
March 10, 2010

Call Meeting to Order:
Chairman John Racine called the meeting to order at 7:00pm at the Garfield Township Hall, 3848 Veterans Drive, Traverse City, MI 49684.

Roll Call of Commission Members:
Present: Linda McGuire, Terry Clark, John Racine, John Nelson, and Joe Robertson

Absent and Excused: Paul Jarboe, Kit Wilson

1. Review and Approval of the Agenda - Conflict of Interest

Clark moved and Nelson seconded to approve the agenda as presented. The
motion carried.

2. Minutes
a. February 10, 2010
Clark moved and Robertson seconded to approve the February 10th minutes with the proposed amendments changing all SPU's to SUP's. The motion carried.
b. February 24, 2010 (Joint meeting with Blair Township
Planning Commission)
Clark moved and McGuire seconded to approve the Joint Meeting minutes of February 24, 2010. The motion carried.

3. Correspondence
a. Fire Department and Planning Department re LED Lighting
Kaye said that this item is simply informational.

b. Steve Largent, Grand Traverse Conservation District re Boardman River Townships
An action plan is attached and the Planning Commission will go through it in more detail in two weeks.

c. Eric Ranieri re American Freight of Michigan, Inc. (relates to item 5c) Kaye said that this matter will be discussed during the Public Hearing.

d. Cinda M. Simmons re Signage on Silver Lake Road
Kaye said that this is simply for commissioner's information.

4. Reports
Planning Department
Kaye reported that the joint meeting with Blair Township brought forth some ideas and he received feedback from Blair that they don't wish to initiate further joint meetings at this time but staff will work together on some items, most notably the US 31 corridor. John Nelson thanked Terry Clark and the staff for putting the meeting together. He thought it was productive with John Sych present. Clark was a bit disappointed that there was no subcommittee appointed for now.

Zoning Department
Larrea said that there have been commercial property violations regarding LED signage. He is taking care of the issues. He spoke with TCAPS regarding their signage at the middle school and received a letter from TCAPS stating to forward any complaints to them and that TCAPS was cooperative. Larrea will give all commissioners a copy of the letter from TCAPS.

Planning Commissioners
No reports

5. Business to Come Before the Commission
a. PD-2010-30 YMCA SUP Amendment (Public Hearing)

Bob Verschaeve with Gosling Czubak presented the YMCA proposal for a pole building to be constructed. They are requesting to amend their SUP for the new YMCA. The original SUP was approved in 2006 and this amendment is to build a 3,200 square foot pole building on the northwest corner of the site in an area currently approved for future parking. The applicant also wants to add a 30'x 500' parcel of land on the south boundary of the property, change the phases of construction, make small changes to building footprint and orientation, revise outdoor courts and site utilities, reduce overall on-site parking from 370 spaces to 339 spaces and provide for more substantial landscaping. Verschaeve assured commissioners that the pole building will be harmonious in aesthetics to other buildings already on site.

Chair Racine opened the public hearing at 7:25pm. Bill Clous, the property owner to the north commented that a senior community was on his property and he questioned the height of the proposed YMCA parking lot. He would like some screening added on the property lines. He stated that he is opposed to the plan as it currently exists. Martie Johnson, another neighbor to the north expressed concerns with the building shift from the original plan. She objects that the building will be so close to the property line. Racine closed the public hearing at 7:35pm.

Verschaeve addressed the screening of the parking and said that a buffer would be installed but that Oleson's still owns an easement on the property line to care for their buffalo. Kaye noted that the pole building shifted only 10 feet from what was originally proposed. Verschaeve stated that the building did get moved a bit due to site conditions. Racine stated that the pole building could be moved further to the south and minimize impact on neighbors. Verschaeve said that there was some infrastructure already in place which pertained to the pole building such as drainage, catch basins and storm sewers. Clark said if the YMCA is not going to move the pole building, then a specific landscaping plan with major screening needs to be proposed. Robertson commented that moving the pole building would not affect the infrastructure in his opinion. Racine asked for Kaye's opinion on moving the pole building and Kaye stated that he saw no reason why the building could not be moved. Clark said that the planning commission needed to see more details of the plan and Racine suggested that the YMCA get an engineer's explanation as to why the building could not be moved.

Nelson made a motion to table the YMCA SUP Amendment Request at the applicants request to rework and address matters discussed. Clark seconded the motion.

Yeas: McGuire, Clark, Robertson, Racine, Nelson
Nays: None

b. PD-2010-31 Cherry Hill Haven SUP Amendment (Public Hearing)

Kaye briefed commissioners and the public on the proposed Cherry Hill Haven SUP Amendment Request. The property is located at 4841 North Long Lake Road. Two separately licensed facilities share a common building and operate under a SUP granted in 1994 and amended in 1999. The property is also subject to a SUP that was granted in 2004 for the construction of a separate facility at 4885 North Long Lake Road. The applicant would like to build an addition to the main floor of the existing structure at 4841 North Long Lake Road. Approval of the application would permit the construction of a sun room and four additional bedrooms to provide each main floor resident with his or her own bedroom. The approved occupancy of the building will remain unchanged. Also included in this request is the relocation of a septic system drainfield presently located in the area of the proposed addition. Kaye noted that the State will need to review the application and the site access will need to be addressed.

Racine opened the public hearing at 8:11pm. Mike Maytag spoke regarding the access and stated that construction equipment was being brought down a private road. Previous work on the site had also caused problems of clay soils sliding into his yard. Racine closed the public hearing at 8:13 pm.

Kaye stated that he was not aware of the construction equipment but that the health department would play a role in moving the septic and the drain commissioner would look at the runoff and take action if needed. Maytag stated that he was concerned that the drain commissioner addressed the problem after the fact. Kaye said that the construction traffic was a private matter and the owner had right to stop the traffic from using his property as an access. Kaye said that there should be approvals to the drainfield and septic before commissioners gave their approval.

Clark moved to continue the public hearing at the April 14, 2010 meeting and Nelson seconded the motion. Clark requested a better map to see the property in greater detail.

Yeas: McGuire, Clark, Robertson, Racine, Nelson
Nays: None

c. PD-2010-32 Mixed Use Industrial Business District (Public Hearing)

Kaye gave background on the MUIBD. This new district is meant to broaden the types of uses in the current industrial districts. There will be two sub-districts within the whole MUIBD district; The Limited Mixed-Use Industrial Business District and the General Mixed-Use Industrial Business District.

Racine opened the public hearing at 8:27pm. Eric Ranieri on behalf of American Freight expressed his support for the new district and said that the MUIBD allows for flexibility and accommodation. Bruce Lautner spoke regarding the county property at Keystone and Brimley Roads and questioned the zoning classification. Kaye said that because it was owned by the county, they were not impacted by the zoning but had not conveyed any change to their earlier plans to use the property for park purposes. Racine closed the public hearing at 8:30pm.

Clark said it was important that the commission saw the need for the new zoning districts to agree with the Master Plan.

Nelson moved and Robertson seconded
1. THAT the draft text amendment to Garfield Township Zoning Ordinance No. 10, as described in PD Report No. 2010-32 and attached to said report as "MUIBD Draft Article 31010" and proposing the establishment of Section 6.9 - Mixed Use Industrial Business District, be recommended for approval to the Garfield Township Board; and
2. THAT a zoning map amendment to the Garfield Township Zoning Map, as illustrated in an attachment to PD Report No. 2010-32 and entitled "proposed Mixed-Use Business District Zoning Map March 13, 2010 Planning Commission Public Hearing" and proposing the establishment of the geographical boundaries for the General and Limited Mixed Use Industrial Business Districts, be recommended for approval to the Garfield Township Board.

Yeas: McGuire, Clark, Nelson, Robertson, Racine
Nays: None

d. PD 2010-33 Walmart SUP Minor Amendment Request

Kaye gave background on this item and said that the purpose of this amendment to the Grand Traverse Crossings PUD was that during final site inspections, the Zoning Administrator became aware of two minor discrepancies between the approved site plans and the as-built site conditions. The application is intended to amend the approved site plan to reflect the as-built conditions. The two discrepancies occurred in lighting and parking. There are two additional light poles that were installed and the barrier free parking that was proposed called for 28 spaces and there are only 16, which still exceeds the minimum requirements of the Michigan Building Code. Racine asked how the lighting was approved at such a high level and Kaye said it probably went undetected and undiscussed. Larrea said that there was one complaint regarding one light in particular and shields were added.

Robertson moved and McGuire seconded
THAT the Findings of fact for the Special Use Permit #2008-01, originally approved by the Garfield Township Board on July 24, 2008, do not require modification as they remain current and valid for proposed Minor Amendment #2010-02; and
THAT application SUP #2010-02, submitted by CESO, Inc. for a minor amendment to Special Use Permit #1994-1 and subsequent amendment #2008-01, BE APPROVED for reasons outlined on PD Report No. 2009-33.

Yeas: McGuire, Clark, Robertson, Racine, Nelson
Nays: None
e. PD 2010-34 La Franier Village Minor Amendment Request

Kaye said that the applicant is requesting small changes to Phase Two of the LaFranier Village PUD originally approved in 2004. The applicant is requesting that Units 1-4 be combined into attached single-family units and that the approved duplex for units 28 and 29 become separate, detached single family units. Kaye also said that a neighbor has raised a concern with lack of fencing and trees along the eastern boundary and that it may not have been completed as required by the original PUD approval. Larrea stated that he did not get a chance to see what was approved and what is currently there, but it does not appear that there was a fence required, just a managed woodlot. Martin Graf from Gosling Czubak stated that there was never any discussion of fencing on the property lines. Clark remembers the same, but said that if there is a problem then it needs to be resolved before this approval takes effect.

Nelson moved and Clark seconded that the following motions be subject to the condition that the staff determine that there were no violations of the original approval.
1. THAT the Findings of Fact for the Special Use Permit #2004-03, originally approved by the Garfield Township Board on September 9, 2004, do not require modification as they remain current and valid for proposed Minor Amendment #2010-03; and
2. THAT application SUP #2010-03, submitted by Gosling Czubak for a minor amendment to Special Use Permit #2004-03, BE APPROVED for reasons outlined in PD Report No. 2009-34.

f. PD 2010-35 Wolverine Power SUP (Introduction)

Joe Hughes, Land Management Supervisor, was present on behalf of Wolverine Power. He explained that the property located at 204 N. Garfield Road housed a substation currently, but that Wolverine Power was requesting approval of a SUP to rebuild the existing substation. Hughes gave a power point presentation on the history of Wolverine Power and why a new rebuild substation is needed. He said that a new substation is needed to meet long term electric needs. Clark responded positively to the plan but had concerns with screening on the south side at the bottom of the hill near the fence. Safety requirements call for six foot fencing with three strands of barbed wire on top.

Nelson moved and Clark seconded
THAT application SUP #2010-05, submitted by the Wolverine Power Cooperative for Special Use Permit #2010-05 BE ACCEPTED; and further
THAT allocation SUP 2010-05 be schedule for public hearing at the regular meeting of the Garfield Township Planning Commission to be held on April 14, 2010 provided that the variance requests before the Zoning Board of Appeals have been heard and decided upon prior to said public hearing and that staff has worked with the applicant on buffer requirements.
Yeas: McGuire, Clark, Robertson, Racine, Nelson
Nays: None

Kaye added that there is a supplemental highway setback standard and that this requirement caused difficulties for many developers. He asked the commission if they would like staff to review this as a higher priority item and commissioners gave him approval to address the supplemental highway setback issue.

g. Examination of Development Review Process

Kaye stated that the Planning staff is asking permission to involve the development sector to ask for advice on development applications. He is trying to include developers and give them a voice. Commissioners agree that it is a good idea.

Nelson moved to allow staff to contact developers for advice on the development applications to the township. Clark supported the motion and the motion carried.

6. Public Comment none at this time.

7. Items for Next Agenda - March 24, 2010
a. Boardman River Townships Project - Garfield Township Water Quality Action Plan
b. Draft Zoning Ordinance Text

Staff noted that the Water Studies Institute would also be on the agenda.

8. Adjournment Robertson moved to adjourn 9:45pm.

________________________________
Linda McGuire, Secretary
Garfield Township Planning Commission
3848 Veterans Drive
Traverse City, MI 49684

Handouts:

3/10/10 Planning Commissioner Packet: